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HomeMy WebLinkAbout01/19/1981 - City CouncilREGULAR. MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 19, 1981 The City Council of the City of Costa Mesa, California, met in regular session on January 19, 1981, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed -by the Pledge of Allegiance to the Flag, and Invocation by Mr. Chuck Simpson, Seventh Day Adventist Church. Roll Call 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 - January 5, 1981 woman Hertzog, and carried, the minutes of the regular meeting of January 5, 1981, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilman McFarland, seconded by Councilman Johnson, and carried, to read all ordinances by title only. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 4, Senior citizens golf policy and green fees. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, the remaining 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 Destruction of On motion by Councilwoman Hertzog, seconded by Council - Records in the man McFarland, Resolution 81-4, being A RESOLUTION OF Finance Depart- THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ment AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART- MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE Resolution 81-4 NO. 75-60, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items were received and processed: Claims The following claims were received by the Clerk and no action was required: Greg Bartlett; Southern California Edison Company; and Randy Alan Young. Alcoholic Alcoholic Beverage License Application for Beverage which parking has been approved by the Planning Licenses Division: Johanna Chaney, doing business as Johanna's Cocktails, 810-12 West 19th Street. 1 1 Alcoholic Beverage License Application being protested by the Planning Division because of inadequate parking: Nancy L. and Wesley Hedding, doing business at 1728 Newport Boulevard. Local Agency Notice of public hearing from the Local Agency Formation Formation Commission, regarding proposed Orange Commission County Municipal Reorganization No. 53 (transfer End - of territory between the cities of Irvine and Reading Folder Tustin). Rejected Claims On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the claim from Allstate Kirby Insurance Company, on behalf of Scott Kirby, was rejected. Kelly On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the claim of Roberta Kelly was rejected. Westbluff On motion by Councilwoman Hertzog, seconded by Council - Village man McFarland, and carried, the claim of Westbluff Village Homeowners Association was rejected. Powell On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the claim of Eugene Powell was rejected. Superior On motion by Councilwoman Hertzog, seconded by Council - Aluminum man McFarland, and carried, the claim of Superior Aluminum Insulation, Incorporated, was rejected. Final Map for The Final Map was presented for Tract 11227, Paul Tract 11227 - Balalis, 3471 Via Lido, Suite 211, Newport Beach; one Balalis lot, 0.94-acre, located at 355-361 Avocado Street, for condominium purposes. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the map was approved; the Council did accept on behalf of the City of Costa Mesa the ingress -egress easement for emergency vehicles as dedicated;..did also approve said map pursu- ant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign subject map on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer Hall Hertzog NOES: Council Members: ABSENT: Council Members: McFarland, Johnson None None Final Map for The Final Map was presented for Tract 11295, Al Gussin, Tract 11295 - 327 East Richland Avenue, Orange; one lot, 0.58-acre, Gussin located at 1953-1955 Anaheim Avenue, for condominium purposes.. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the map was approved; the Coun- cil did accept on behalf.of the public the dedication of Anaheim Avenue for street purposes; did also accept on behalf of the City the ingress -egress easement for emergency vehicles as dedicated; did also approve said map pursuant to provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign subject map on behalf of the City, by the fol- lowing 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 11310, Rene and Tract 11310 - Christa Delay, 11 Banyan Tree Lane, Irvine; one lot, Delay 0.31-acre, located at 1932 Meyer Place, for condominium purposes. On motion by Councilwoman Hertzog, seconded art by Councilman McFarland; the map was approved; the Coun- cil did accept on behalf of the public the dedication of Meyer Place for street purposes; did also accept on behalf of the City of Costa Mesa the ingress -egress easement for emergency vehicle purposes over Lot One; did also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and - the Clerk was authorized to sign subject map on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Completion of A Certificate of Completion was presented in connection Casa Bella with the construction of Casa Bella, senior citizens housing project, located at 1840 Park Avene. The work has been completed by Casa Bella, a limited partnership, to the satisfaction of the Assistant City Manager/Com- munity Development. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the work was accepted, and the Mayor and Clerk were authorized to execute the Certificate of Completion 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 Change Order Change Order No. 1, in the amount of $3,651.66, was No. 1 for'Tract presented in connection with Tract 9787, and storm drain 9787 - D'.Arlin reimbursement agreement with Jacques Y. D'Arlin, et al, 10799 Wilshire Boulevard, Los Angeles. The change order is necessary for removal and replacement of additional curb gutter and sidewalk on'Fairview Road. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the change order was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Change Order The following change orders were presented for the Nos. 3 and 4 Randolph Street extension, in conjunction with Tract for Tract 10626 10626, Specific Plan SP-78-02, and a reimbursement and SP-78-02 - agreement with Pentridge Cove, a limited partnership, Pentridge Cove 2950 Airway Avenue, Costa Mesa: Change Order No. 3, in the amount of $10,540.97, for water and sewer lines at Randolph Street 811 Paularino Avenue; and Change Order No. 4, in the Extension amount of $4,783.43, for excavation and backfill along . the east/west leg of Randolph Street. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, 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 Amendments to An amendment was presented to the Consortium Cities Consortium Cities Joint Exercise of Powers Agreement which updates the Agreements existing membership by deleting the City of Fullerton, and adding the cities of La Habra and Orange. Member- ship will then consist of the cities of Costa Mesa, Anaheim, Garden Grove, Santa Ana, La Habra, and Orange. Also presented was an amendment to an agreement between the Consortium Cities and the National Center for Municipal Development, Incorporated, which places the aforementioned cities under one contract for services 1 provided by Bill Morgan; Washington Representative; through June 30, 1981. On motion by Councilwoman Hert= zog, seconded by Councilman McFarland, the amendments were approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Planner III The Personnel Director has recommended that the Planner Classification III classification be transferred from the executive salary resolution to the basic pay resolution at the same pay range, effective January 25, 1981. The change is consistent with other similar classifications. On motion by Councilwoman Hertzog, seconded by Councilman Resolution 81-5 McFarland, Resolution 81-5.1 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PLACING THE CLASSIFICATION OF PLANNER III 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' Officials Mayor Schafer introduced Mark Sloate, Costa Mesa Traffic Recognized Commissioner, as well as former Mayor Alvin Pinkley and his wife, Lucy, who were in the audience. Senior Citizens Item 4 on the Consent Calendar was presented, senior Golf Po.l..icy and citizens golf policy and green fees. After meeting with Green Fees members of the Costa Mesa Seniors Golf Association, the Leisure Services staff has made the following recommen- dations in connection with senior citizens use of the Costa Mesa Golf Course: establish a rate of $3.00 per 18-hole round, one round per day, weekdays only; addi- tional discussion on a 20-ticket play card be delayed for six months; further discussion for a yearly ticket be set aside because of lack of interest; two -month trial period allowing seniors with monthly tickets to be placed on a list with regular monthly ticket holders at the Los Lagos Course between 10:00 a.m. and noon, but from 8:00 a.m. until 10:00 a.m., an open tee basis will continue to be the policy. A letter has been received from Robert G. MacEwan, President of the Costa Mesa Seniors Golf Association, 1648-B Iowa Street, Costa Mesa, which summarized joint discussions held by the golf association and the City's Leisure Services Department staff. Mr. MacEwan was present and stated that the meetings with City staff had been very produc- tive and informative, and commended the members of the City staff for their cooperation. Elvin Hutchison, 2281 Fordham Drive, Costa Mesa, member of the Seniors Golf Association, thanked the Council and staff for their cooperation. On motion by Vice Mayor Hall, sec- onded by Councilman Johnson, the recommendations were approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson End of NOES: Council Members: None Consent Calendar ABSENT: Council Members: None HCDC 1981-82 The Clerk presented from the meeting of December 1, Program 1980, Housing and Community Development Committee (HCDC) program recommendations for 1981-82. Revised recommen- dations from the HCD Committee are detailed in the memorandum and summary dated January 14, 1981. Jorge Alvarez, Chairman of the HCD Committee, and Tony Cannariato, the City',s Housing and Community Development Coordinator, were present to answer questions from the Council. Since this item had been discussed at the .�i Study Session of January 129 19813, there were no ques- tions from the Council. On motion by Councilwoman Hertzog; seconded by Councilman Johnson, the revised HCDA 1981-82 program recommendations were approved as outlined in the aforementioned memorandum and summary, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None HCD Committee The following members of the Housing and Community Members Development Committee were introduced by the Mayor: Introduced Yvonne Bagstad, Tom Schworer, Jean Forbath, Jerome Vanderwalle, Anne Shereshevsky, and Diana Milroy. The Mayor also announced that Councilwoman Hertzog was the Council's representative on the HCD Committee. Warrant On motion by Councilman McFarland, seconded by Council - Resolution 1130 man Johnson, Warrant Resolution 1130, including Payroll 8101, was approved by .the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Arnel The City Attorney referred to his confidential report Litigation to the Council, dated January 14, 1981, concerning the lawsuit of Arnel versus the City of Costa Mesa, and summarized the background including Council's approval of the Arnel rezone petition; the initiative petition in opposition to the rezone, which was on the ballot for the 1978 Municipal Election; filing of the lawsuit; and the decisions of the trial, appellate, and supreme courts. The case has now been returned to the Court of Appeals. The City Attorney requested Council direction as to how they wanted him to proceed with the eight arguments to be considered. Discussion followed on the merits of the City Attorney pursuing the case, which would overburden his present staff, or to incur the expense of hiring an outside attorney.' A motion was made by Vice Mayor Hall, seconded by Councilman Johnson, and carried; Councilwoman Hertzog voting no, authorizing the City Attorney to negotiate with outside counsel to handle the legal arguments in the Arnel case, and to report back to the Council as to the expenses involved. Public Hearing The Clerk announced that this was the time and place set Bear Street for the public hearing to consider a request from C. J. Name Change Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, to change the name of Bear Street, between Bristol Street Denied and Sunflower Avenue, to South Coast Plaza Parkway. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. The fol- lowing communications have been received: 21 letters from students of the fifth grade class of Bear Street School, 20 opposed and 1 in favor of the name change; 24 fourth grade student letters and a letter from the fourth grade teacher of Bear Street School, all in oppo- sition to the change; letter from Ann Profant, 932 Jasmine Circle, Costa Mesa, in opposition; and letter from Donald V. and Mildred Nicholson, 2063 Republic Ave- nue, Costa Mesa, also opposed. The Planning Commission and Planning staff recommended denial of the requested street name change. The Planning staff suggested that a letter be prepared by the Mayor requesting CALTRANS to install appropriate signs identifying Bear Street as an exit for South Coast Plaza. The Planning Commission concurred that the Council pursue the possibility of obtaining freeway identification for South Coast Plaza. Jim Henwood, Real Estate Manager for C. J. Segerstrom z .� °.tien:s i..s• F1 and Sons, reported that the applicant was in favor of the Planning Commission recommendations. The following persons spoke in opposition to the name change: Jack Polans, 2864 Royal Palm Drive, Costa Mesa; Elizabeth Phillips, 11255 Canton Drive, Studio City, owner of property in the general area of Bear Street and Sun- flower Avenue; and Betty Jean Beecher, 200 Magnolia Street, Costa Mesa. There being no other speakers, the Mayor closed the public hearing. On motion by Council- man Johnson, seconded by Councilwoman Hertzog, and carried, the request was denied, and the Mayor was authorized to prepare a letter to CALTRANS requesting installation of appropriate identification signs for South Coast Plaza. Former Mayor Mayor Schafer introduced Jack Hammett, former Mayor of Recognized the City, who was in the audience. Public Hearings The Clerk announced that this was the time and place set for the public hearing to consider the Environmental EIR for ZE-80-178 Impact Report for Zone Exception ZE-80-178, for proposed South Coast Plaza South Coast Plaza office tower, to include approximately 2233,000 square feet of retail space and 202,000 square Held Over feet of office space in a 15-story structure, to be located near the intersection of Bristol Street and Anton Boulevard. Proposed project also includes below - grade parking structures, and a pedestrian bridge across Bristol Street connecting South Coast Plaza with the Town Center area. A communication has been received from Malcolm Ross, 3315 Fairview Road, Costa Mesa, authorized agent for South Coast Plaza, requesting that the Environmental Impact Report and the Zone Exception be referred to the Study Session of March 9, 1981, and the public hearings continued to the Council meeting ZE-80-178 of March 163, 1981. Zone Exception ZE-80-178, is for a Master Plan Amendment for South Coast Plaza, and a Held Over Conditional Use Permit to allow a 15-story building with 223,000 square feet of retail space and 202,000 square feet of office space, and to allow off -site parking with a variance from parking requirements at South Coast Plaza and the Town Center area. The Affidavits of Publication are on file in the Clerk's office. A letter has also been received from Jack Polans requesting that the Environmental Impact Report be continued to March, 1981. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, both items were referred to the Study Session of March 9, 1981, and the public hearings continued to March 16, 1981. Appeal Hearing The Clerk presented an appeal from Thomas Wakefield, 622 ZE-80-111A Danube Way, Costa Mesa, of the Planning Commission's Gianulias/Bristol approval of Zone Exception ZE-80-111A, James Gianulias, Plaza Post Office Box 2990, Newport Beach, authorized agent for Bristol Plaza, for a Conditional Use Permit to Denied exceed two stories in a Cl zone; and to allow five- and seven -story buildings southeast of the San Diego Freeway and Bristol Street. Environmental Determination: Environmental Impact Report accepted April 21, 1980, and addendum filed September 19, 1980. The Affidavit of Mailing is on file in the Clerk's office. Communica- tions have been received from representatives of Brook - view Homeowners Association, and from Donald and Mildred Nicholson, 2063 Republic Avenue, Costa Mesa, in opposi- tion to the proposed project. A petition in opposition to the request was submitted, containing 290 signatures of North Costa Mesa residents. Also submitted was a letter from Patricia A. Ruuska, 628 Skyview Lane, Costa Mesa, opposing the project. The Planning Commission recommended approval subject to conditions; the Planning staff recommended denial. The Development Services Director, in reviewing the history of the subject property, stated that the applicant had proposeda 14- story office tower, and 7= and 9-story buildings' but both projects were denied. Thereafter, the present project was proposed and approved by the Planning Commission. The conditions imposed for approval are detailed in the Planning Division Staff Report and in a memorandum to the Council dated January 15, 1981. The Development Services Director answered questions from the Council concerning traffic impact, and the shade/shadow impact on surrounding residences. These impacts are detailed in a comparative impact table and revised traffic study submitted to the Council with'a memorandum dated January 12, 1981, from the Planning Division. The Development Services Director pointed out that if both buildings were used for office spaces, peak hour traffic demands would be highly concentrated. The following persons spoke in support of the project: Jim Carlson, 622 Rhine Lane, Costa Mesa, President of the Brookview Condominium Homeowners Association, and James Gorman, 618 Rhine Lane, Costa Mesa, Brookview resident. The following Costa Mesa residents spoke in opposition to the request: Thomas Wakefield, 622 Danube Way; Suzanne Casey, 630 Skyview Lane; Stephen Kroesen, 3100 Trinity Drive; Roger and Bette Sprague, 600 Rhine Lane; Howard Heithoff, 2814 Loreto Street; Mary Naylor, 3137 Trinity Drive; and Bob Kelly, 3132 Trinity Drive. John C. Coelho, 9782 Daron Drive, Villa Park, represent- ing the applicant, was present to answer questions from the Council and spoke in support of the proposed project. In response to an inquiry from Councilwoman Hertzog, Mr. Coelho submitted a two-story design for the Council's examination. A motion was made by Councilman McFarland, seconded by Vice Mayor Hall, to approve ZE-80-111A, subject to 25 conditions as shown in the previously men- tioned Staff Report and memorandum of January 15, 1981, and based on the following findings: that the proposed development, while of greater height than other develop- ment in the area,.does not represent a significantly greater intensity of development than could be achieved by more extensive site coverage with a two-story build- ing; this density does not establish a precedent in the scale of development on Bristol Street because each proposed development, not only on Bristol Street but in any part of our community, must be evaluated on its own merits; in of Conditions 23, 24, and 25 imposed by the Planning Commission, the proposed access arrangement does not create a detrimental situation in regard to the public health, safety, and welfare of our community; the proposed development provides a logical visual stepdown from the Town Center high rise develop- ment to the north of the established two-story develop- ment to the south; and the proposed development will not significantly violate the light, air, and privacy of adjacent property owners. The Development Services Director advised that procedurally, it would be appro- priate for the Council to take action on the environ- mental impacts prior to taking action on the project, therefore, Councilman McFarland withdrew his motion, and Vice Mayor Hall withdrew his second. A motion was made by Councilman McFarland, seconded by Vice Mayor Hall, and carried, finding that the comparison table, the revised traffic study, and the previously accepted Environmental Impact Report adequately consider the environmental impacts of the project. During further discussion, the Director of Public Services responded to questions from the Council regarding traffic impacts. Councilman McFarland restated his earlier motion to approve the project, and it was seconded by Vice Mayor Hall, however, the motion failed to carry, Council Members Schafer, Hertzog, and Johnson voting no. On motion by Councilman McFarland, seconded by Vice -) i k1'11__3* I Mayor Hall; and carried; Councilman McFarland voting no, Zone Exception ZE-80-111A was denied. Later in the meeting, under Councilmanic Comments, Councilman McFar- land made a motion, seconded by Vice Mayor Hall, and carried, to amend his motion for denial by including the findings of staff contained on Pages 4 and 5 of the Staff Report. Recess The Mayor declared a recess at 9:00 p.m., and the meet- ing reconvened at 9:10 p.m. Appeal Hearing The Clerk presented an appeal of the Planning Commis- ZE=80-177 sion's denial of Zone Exception ZE-80-177, from Jack C. Heap/Bradstreet Heap, authorized agent for Bradstreet Investment Com- pany, Post Office Box 289, Los Olivos, for variances Denied from parking, building separation, and open space requirements in order to legalize the conversion of garages into living areas, and to permit the addition of carports, located at 318 Ogle Street, in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communica- tion has been received from George and Anne Morris, owners of property located at 330 Ogle Street, request- ing that if the Council approves the zone exception, the applicant should be required to dedicate ten feet of land for alley purposes. The Planning staff and Plan- ning Commission recommended denial, and that the illegal bedrooms be converted back to garages under the direc- tion of the Planning and Building Safety Divisions within 60 days of the Planning Commission's action of December 22, 1980. The Development Services Director reported that five detached dwelling units, with a one -car garage attached, were constructed on subject property in 1959. The garages for three units were converted into bedrooms without building permits. Eleven parking spaces are now required: five covered, five open, and one guest. The applicant is proposing three carports to offset the bedroom conversions. Forty percent open space is required, but presently the property contains only 36 percent, and will be further reduced to 33.6 percent if carports are added. The Development Services Director answered questions from the Council concerning emergency vehicle access. He stated that the converted bedrooms have not been inspected as yet for code compliance, but that an inspection would definitely be a condition for approval. He further reported that neither staff nor the applicant have been able to produce a satisfactory plan. William Stewart, general partner, Bradstreet Investment Company, stated he converted the garages to bedrooms at the suggestion of the Orange County Housing Authority, and apologized for not obtaining building permits. Mr. Stewart further stated that he would agree to dedicate a 10-foot easement for alley purposes. During discus- sion, Mr. Stewart answered questions from the Council concerning his failure to obtain building permits, and stated that the work was performed by a licensed con- tractor. A.motion was made by Vice Mayor Hall, sec- onded by Councilwoman Hertzog, to approve the parking variance, legalize conversion of garages into living areas, and permit the addition of carports, based on the findings that the additional living space fulfills the need in a community that has been recognized as lacking; that the additional open space area that would be avail- able to the tenants would add to a better quality of life for them; that the traffic circulation on the site will be improved with the removal of the rear fence from the property which would provide access to the alley; and subject to the following conditions: under the direction of the Planning Division, the carports will be located in such a manner as to create the maximum amount Ge of open space; provide proof of access easements over adjoining property because there have been other build= ings recently constructed on the proposed alley giving access to the alley from the buildings; all construc- tion which has been concealed shall be opened for inspection and/or correction and necessary permits obtained; construct P.C.C. residential sidewalk per City of Costa Mesa Standard Drawings, at applicant's expense; dedicate all land ten feet from the centerline of the alley; require cash deposit to guarantee construction of alley to its ultimate width per City of Costa Mesa (Master Plan of Highways/Standards), with the cash deposit to be determined by the City Engineer; and'pay- ment of fixture fees and sewer permit to be made prior to sewer installation. During further discussion, Councilman McFarland and Mayor Schafer voiced their objection to the requested variances. The motion failed to carry, Council Members Schafer, McFarland, and John- son voting no. Thereafter, a motion was made by Councilman McFarland, seconded by Mayor Schafer, to deny the zone exception and ordering the illegal bed- rooms converted back to garages by February 22, 1981, under the direction of the Planning and Building Safety Divisions. The motion carried, Council Members Hall and Hertzog voting no. Appeal Hearing The Clerk presented an appeal of the Planning Commis- ZE-80-183 sion's decision for Zone Exception ZE-80-183, Roy E. June/Segerstrom June, Post Office Box 10395, Costa Mesa, authorized agent for C. J. Segerstrom and Sons, 3315 Fairview Road, Denied Costa Mesa, for a planned signing program for property located at 2888 Harbor Boulevard, in a Cl-CP zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communica- tion has been received from Mr. June detailing the applicant's reasons for requesting a ground sign height of 36 feet, 9 inches. The Planning staff recommended a - ground sign height of 25 feet. The Planning Commission recommended a ground sign height of 25 feet pending removal of parkway trees, but in the event the trees could not be removed, the 36-foot, 9-inch sign height would be permitted subject to posting of a cash bond, and submittal of a Right -of -Entry Agreement to guar- antee removal of the ground sign on or before December. 313 1984. Roy June was present and referenced his aforementioned communication to the Council. Scott .Magnuson, 25 Shooting Star, Irvine, representative of South Coast Dodge,automobile agency, occupants of the subject property, stated his opinion that the larger sign, which was on the property from the previous automobile agency, was needed to in order to compete with other- agencies in the area. Mr. Magnuson also related that he was not aware at the outset, that there was a 90-day limitation for reestablishment of a noncon- forming sign after the sign had been abandoned. The Development Services Director responded that the subject sign had been abandoned well over the 90-day time limi- tation, and that C. J. Segerstrom and sons were advised on May 27, 1980, that the nonconforming sign must be - removed. Mr. June concurred with this statement. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, expressed opposition to the removal of the previously mentioned parkway trees. A motion was made by Vice Mayor Hall, seconded by Councilman Johnson, to approve the zone exception based on the findings that the 90-day limit was beyond the control of the applicant; this is not a .grant of special privilege due to the fact that other dealers along Harbor Boulevard have signs in excess of requested height, and which also must conform by April, 1984; that it is not a grant of special privilege since applicant has sign height less than surrounding signs until 1984, and at that time applicant would conform, as well as all other applicants along Harbor Boulevard; and subject to all conditions contained in the Staff Report. The motion failed to carry, Council Members Schafer, Hertzog, and McFarland voting no. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to uphold the decision of the Planning Commission but with the modification that the parkway trees are to be removed within two weeks, the sign limited to 25 feet, and subject to the aforemen- tioned conditions recommended by the Commission. The motion carried, Council Members Hall and Johnson voting no. Appeal Hearing The Clerk presented an appeal of the Planning Commis- ZE-80-186 sion's denial of Zone Exception ZE-80-186, from Thomas Gall/Rush. Gall and William D. Rush, 964 West 17th Street, Costa Mesa, for a Conditional Use Permit to allow a storage yard for impounded and wrecked vehicles, with a variance from fence height requirements, for property located at 875 West 18th Street, in an MG zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. A communi- cation has been received from John Konwiser, President of The Konwiser Corporation, owner of property located at 687 West 18th Street, opposing the request, but sug- gesting that if the Council did approve the project that it be conditioned on installation of an attractive wall, front landscaping, and a sprinkler system. The Develop- ment Services Director reported that prior to their vote denying the zone exception, the Planning Commission amended Condition No. 12 to read, "All signage on the property shall be brought into conformation with the provisions of the Sign Ordinance by March 1, 1981". In a memorandum dated January 15, 1981, from the Associate Planner, it was pointed out that although a variance to allow an eight -foot high fence in the front setback was part of the application, this variance can be avoided if the fence is not placed in the setback, and the applicant has agreed to this arrangement. The Planning staff recommended approval subject to conditions. Thomas Gall was present to answer questions from the Council and spoke in support of his request. Mr. 0. Crank, 388 Meadow Lane, Newport Beach, owner of property east of the subject site, spoke in opposition to the request. After brief discussion, a motion was made by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, adopting the Negative Declaration of Environ- mental Impact; approving the zone exception based on the findings, analysis, and conditions contained in the Staff Report; that the variance be withdrawn since the fence will not be placed in the front setback; and imposing an additional condition that the existing fence on the rear westerly property line be repaired under the direction of the Planning Division. ZE-80-160 The Clerk presented Zone Exception ZE-80-160, O'Donnell, Cadillac Fairview Brigham, and Partners/Southern, 4350 Von Karman Avenue, Suite 400, Newport Beach, authorized agent for Cadillac Fairview California, Incorporated, 3001 South Harbor Boulevard, Santa Ana, for a Conditional Use Permit for a Development Plan for an industrial condominium con- taining approximately 230,000 gross square feet, with a variance from required landscape setback, for property located at 3505 and 3525 Cadillac Avenue, in an MP zone. Planned Development Industrial (PDI) zone is pending. Environmental Determination: Negative Declaration adopted for Rezone Petition R-80-10. The Planning Commission recommended approval subject to the condi- tions contained in the Staff Report, and added the following conditions: Condition 44, the site plan shall be modified to increase the landscaped planter along the westerly property line to five feet in depth in addition to any bumper overhang area; and Condition 45, compact parking stalls may be permitted under the direction of the Planning Division. The Planning Commission also approved the following amendments to the revised site plan: (a) Increase the Cadillac Avenue landscaped set- back from 25 feet to 30 feet; (b) Reduce total building area from 228,061 square feet to 227,923 square feet; and (c) Reduce the landscaped setback along the westerly - property line from ten feet in depth to the minimum required five feet, and as shown, a two -foot bumper overhang extends into this setback; the authorized agent has been advised that it will be necessary to provide five feet of landscaping in addition to any bumper over- hang, and the authorized agent has indicated that this Recess setback will be heavily landscaped. The Mayor declared a recess at 10:55 p.m., and the meeting reconvened at 11:05 p.m. The Development Services Director stated that Council had given first reading to an ordinance for Rezone Petition R-80-10 but that second reading and adoption of the ordinance has been delayed until the subject Development Plan is approved. Blair Armstrong, O'Donnell, Brigham and Partners/Southern, was present and responded to questions from the Council. On motion by Councilman McFarland, seconded by Mayor Schafer, and carried, the zone exception was approved as presented, based on the analysis, findings, and conditions con- tained in the Staff Report, including Conditions 44 and 45, and the three aforementioned amendments to the revised site plan. ZE-81-08 The Clerk presented Zone Exception ZE-81-08, Dr. George Wood/Southern Wood, authorized agent for Southern California College, California 55 Fair Drive, Costa Mesa, for a Conditional Use Permit College to allow 673686 square feet of offices, classrooms, and a sanctuary, to be constructed in two phases on property located at 33 Fair Drive, in an I and R zone. Environ- mental Determination: Negative Declaration adopted for Zone Exception ZE-80-75. The Planning Commission recom- mended approval subject to all conditions, with deletion of the first sentence of Condition 2., The applicant was not present. On motion by Councilwoman Hertzog, sec- onded by Mayor Schafer, and carried, the application was approved subject to all conditions as amended. Oral Leslie Williams, 240 Santa Isabel Avenue, Costa Mesa, Communications spoke in regard to the Lindberg School Block Parent Program. She stated that several months ago, the Costa Block Parent Mesa Police Department had ceased checking police Program records of citizens who applied for membership in the Block Program because of the Right to Privacy Act. The City Attorney responded that the Police Department had requested his guidance on releasing certain informa- tion because that department had come to the conclusion that it was illegal to give criminal data to the Block Program parents. The City Attorney further advised that he has an alternative to offer, to be discussed with the Police Chief before responding to Mrs. Williams. Mayor Schafer stated that after the City Attorney prepared a report for the Council, Mrs. Williams would be contacted. South Coast Jack Polans, 2864 Royal Palm Drive, Costa Mesa, asked Plaza why the City's 1980-81 Budget did not reflect revenues for the proposed addition of a 15-story retail and office building at South Coast Plaza. Mayor Schafer responded that this project has not been considered by the Council as yet, therefore, any questions regard- ing revenue are premature. r2 Resignation The Development Services Director announced that Paul Announced Dudley; Senior Planner for the City; had submitted his resignation to take a position with the firm of Robert Bein; William Frost and Associates, professional environmental engineers and planners. Mr. Dudley thanked the Council for their support during his tenure with the City and expressed appreciation for the experi- ence gained during his employment. Adjournment The Mayor declared the meeting adjourned at 11:50 p.m. Mayor of the City of Cost Mesa ATTEST: CATy MR of the City of Costa a 1 1