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HomeMy WebLinkAbout05/04/1981 - City Councilirl REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 4, 1981 Reading Folder On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, the following Reading Folder items were received and processed: The City Council of the City of Costa Mesa, California, met in regular session on May 4, 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 Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Donald Thurman, Costa Mesa Nazarene Church. Roll Call Council Members Present: Hall, Hertzog, McFarland, Johnson Council Members Absent: Schafer Officials Present: Assistant City Manager, City Attorney, Development Services Director, Director of Public Services, Deputy City Clerk Minutes On motion by Councilman McFarland, seconded by Council - April 20, 1981- woman Hertzog, and carried, the minutes of the regular meeting of April 20, 1981, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, to read all ordi- nances by title only. Man .and Woman On motion by Councilwoman Hertzog, seconded by Council - of the tear man.Johnson, Resolution 81-26, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COM - Resolution -81-26 MENDING HENRY S. PANIAN ON BEING CHOSEN MAN OF THE YEAR Henry S. Panian IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, was Commended adopted by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer On motion by Councilwoman Hertzog, seconded by Council - Resolution 81-27 man Johnson, Resolution 81-27, being A RESOLUTION OF THE .Mildred Mathews CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Commended COMMENDING MILDRED MATHEWS ON BEING CHOSEN WOMAN OF THE YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, was adopted by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 3, a request from Parents Without Partners, for an entertainment permit. On motion by Councilman McFarland, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Reading Folder On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, the following Reading Folder items were received and processed: Claim The following claim was received by the Clerk and no action was required: Henry Hornsveld. Commuter Bus A communication from Commuter Bus Lines, 6254 Lines Paramount Boulevard, Long Beach, advising that it has applied to the Public Utilities Commis- sion for an increase in fares. On -street Parking Letter from Lenet Leski, 867 St. Clair Street, End of Reading Mesa, protesting parking prohibition for Folder _Costa street sweeping. Business Permit A request was presented from Johanna's Cocktails, 810 West 19th Street, Costa Mesa, for a live entertainment Johanna's and public dancing permit at that address. On motion Cocktails by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the permit was approved subject to conditions of the Revenue Division. Set for Public On motion by Councilman McFarland, seconded by Council - Hearing woman Hertzog, and carried, the following items were set for public hearing on the dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: R-81-04 May 18, 1981. Rezone Petition R-81-04, Kramer - Kramer -Like Like Development Company, Incorporated, 2845 Mesa Development Verde Drive East, Costa Mesa, for permission to rezone property located at 2019 and 2025 Wallace Avenue from R2 to R3. Environmental Determina- tion: Negative Declaration. R-81-05 May 18, 1981. Rezone Petition R-81-05, James Gianulias/Bristol Gianulias, Post Office Box 2990, Newport Beach, Plaza authorized agent for Bristol Plaza, for permis- sion to rezone property located at 3150 Bristol Street, from County M1 to City Cl. Environ- mental Determination: Negative Declaration. PP -81-01 May.18, 1981. Precise Plan PP -81-01, City of Costa Mesa, for alignment of Palace Avenue as a 30 -foot -wide alley, and Sterling Avenue as a 23 - foot wide alley. Environmental Determination: Negative Declaration adopted for'Specific Plan SP -79-01. Costa Mesa Costa Mesa General Plan: General Plan June 4, 1981. Final Environmental Impact'Report; Local Coastal Program Land Use Plan and Develop- ment Policies; Goal I, Environmental Quality and Resource Conservation; and Goal II, Environmental Protection and Preservation. June 10, 1981. Goal III, Development. June 18, 1981. Goal IV, Socio -Economic Consid- erations. June 25, 1981. Goal V, Transportation. June 29, 1981. Goal VI, Land Use. Prohibition The Traffic Commission has recommended prohibition of of Parking on parking along the westerly curb of Deodar Avenue north Deodar Avenue of the Baker Street intersection, for a length of 60 feet, because there is sufficient off-street parking in this area. On motion by Councilman McFarland, seconded Resolution 81-28 by Councilwoman Hertzog, Resolution 81-28, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF DEODAR AVENUE, was adopted by the following roll call vote: 1 1 1 AYES: Council. Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Prohibition of The Traffic Commission has recommended prohibition of Parking on Santa parking for a distance of 50 feet along the easterly Ana Avenue curb of Santa Ana Avenue, between the driveways serving 2458 and 2466 Santa Ana Avenue, in order to improve sight distance. On motion by Councilman McFarland, Resolution 81-29 seconded by Councilwoman Hertzog, Resolution 81-29, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF SANTA ANA AVENUE, was adopted by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Tract 11173 Improvements in Tract 11173, located at 1596 Redlands Rose Place, have been completed to the satisfaction of the Director of Public Services. Developer of the property is George W. Rose, 865 Warner Avenue, Los Angeles. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the work was accepted, and a $500.00 cash deposit was ordered exonerated, by the following roll call vote: AYES: Council Members:- Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Agreement - Hayes An agreement was presented between the City and Hayes and Associates and Associates, 2740-C South Harbor Boulevard, Santa Ana, for engineering services in connection with survey of Pacific Avenue and Canyon Drive, from Victoria Street to Banning Place. The agreement stipulates an amount not to exceed $6,720.00. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the agree- ment was approved, and the Vice Mayor and Deputy Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Improvements Improvements at the Orange County Fairgrounds, Vanguard at Fairgrounds Way entrance at Fair Drive, have been completed to the satisfaction of the Director of Public Services. The developer of this property is the State of California, and the contractor completing the work is the Griffith Company, Post Office Box B -T, Irvine. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the work was accepted, and the bond was ordered exoner- ated, by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Final Map for The Final Map was presented for Tract 11353, Pulliam Tract 11353 Properties, 1517 North Fairview Street, Santa Ana; one Pulliam lot, 4.56 acres, located at 245 Fischer Avenue, for condominium purposes. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to approve subject map; the Council did also accept on behalf of of the City the ingress/egress easement over Lot One for emergency vehicle purposes; did also approve subject map pursuant to the provisions of Section 66436 (c)(1) 4 J u J, CCV of'the Subdivision Map Act; and the Deputy Clerk was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Council Members: Hall, HertzQg, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Bid Item 471 "B" 'Bids received for Bid Item 471, Revision "B", Parking Parking Citations Citation Management Program, are on file in the Clerk's office. On motion by Councilman McFarland, seconded by Awarded to Councilwoman Hertzog, the bid was awarded to Vertical Vertical Management Systems, 666 Baker Street, Suite 301, Costa Management Mesa, in the amount of $.72 per citation. The motion carried by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council- Members: None ABSENT: Council= Members: Schafer Bid Item 499 The bid received for Bid Item 499, Reconstruct Utility Reconstruct Building at Lions Park, is on file in the Clerk's Building at office. On motion by Councilman McFarland, seconded by Lions Park Councilwoman Hertzog, the bid was awarded to R. G. Con- struction Company, 2165 State Avenue, Costa Mesa, in Awarded to R., G. the amount of $22,545.00. The motion carried by the Construction following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Amendments to Second and third amendments were presented to the Agreements with agreement with Crocker National Bank, 74 New Montgomery Crocker Bank Street, San Francisco, in connection with the Housing and Community Development Act (HCDA) Multi -Family Rehabilitation Credit. Also presented were second and third amendments to the first amended Credit Agreement concerning rehabilitation loan programs. The Housing :and Community Development Committee's recommendations are detailed in a memorandum dated April 15, 1981. A motion was made by Councilman McFarland, seconded by Councilwoman'Hertzog, approving the following recommen- dations. (1) Continuation of the City's Rehabilitation Loan Program with Crocker National Bank. (2) Amendment to change the method of calculating the base rate from a fixed percentage to a rate that fluctuates at inter- vals in relation to the prime interest rate in force at the time each loan is approved. (3) Change the City's existing program guidelines by increasing the interest rates as follows: (a) Owner -occupied loans, change the minimum rate from three percent to six per- cent; change the maximum rate from seven percent to nine percent; eliminate the middle level interest rate; (b) Multi -family loans, change the interest rate paid from eight percent to ten percent. (4) Revise the Multi -Family Rehabilitation Loan Program eligibility criteria to include the following sections of the west side on a priority basis: (a) First Priority - applica- tions from the City's two approved Neighborhood Strategy Areas, Wallace Avenue and Center Street; (b) Second Priority - applicants from the area bound by Wilson Street, Harbor Boulevard, 19th Street, and Pomona Ave- nue; (c) Third Priority - applicants from the area bound by Pomona Avenue, 17th Street, Monrovia Avenue, 19th Street, and Wilson'Street. The motion carried by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer 1 1 Orange County On motion by Councilman McFarland, seconded by Council - Art Alliances woman Hertzog, Resolution 81-30, being A RESOLUTION OF Planning THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING ORANGE COUNTY ART ALLIANCES PLANNING PROGRESS Resolution 81-30 FOR THE DEVELOPMENT OF AN ORANGE COUNTY CULTURAL PLAN, was adopted by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Business Permit Item 3 on the Consent Calendar was presented, a request from Parents Without Partners, 1111 South Coast Drive, Parents Without Suite E-202, Costa Mesa, to hold a one-night public Partners dance on May 9, 1981, from 9:00 p.m. to 1:00 a.m., at the Neighborhood Community Center, 1845 Park Avenue. Jacques Zell, representing the applicant, asked why an entertainment permit was needed, and the Assistant City Manager responded that a permit is required when such an event is open to the public. On motion by Councilman End of Consent McFarland, seconded by Councilwoman Hertzog, and car - Calendar ried, the request was approved. R-80-07 On motion by Councilman McFarland, seconded by Council - Gregory man Johnson, Ordinance 80-17, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA., Ordinance 80-17 CHANGING THE ZONING OF A PORTION OF LOTS 3 AND 4 OF Adopted TRACT NO. 9, FROM R1 TO PDR -LD, in connection with Rezone Petition R-80-07, James Gregory, for property located at 250 West Wilson Street, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer R-81-03 On motion.by Councilman McFarland, seconded by Council- man Johnson, Ordinance 81-4, being AN ORDINANCE OF THE Ordinance 81-4 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF PORTIONS OF LOT 15, FAIRVIEW FARMS, AND A PORTION OF LOT 3, TRACT 1002, FROM C2 TO Cl, in connection with Rezone Petition R-81-03, Costa Mesa City Council, for property located at 400 West 19th Street, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer EP -81-01 The Deputy Clerk presented Encroachment Permit EP -81-01, Pacific Federal continued from the meeting of April 20, 1981, Pacific Federal Savings and Loan Association, 234 East 17th Held Over Street, Costa Mesa, to improve the frontage road with parking, driveway, and landscaping along Newport Boule- vard, in conjunction with an approved development located at 400 West 19th Street, in a Cl zone. Environ- mental Determination: Environmental Impact Report accepted on September 15, 1980, in connection with Zone Exception ZE-80-96. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, this item was, continued to the meeting of May 18, 1981, as recom- mended by the Development Services Director. Policy .for Parking The Traffic Commission has recommended four alternatives Prohibition for for Council consideration regarding prohibition of park - Street Sweeping ing for street sweeping purposes. On motion by Council- man McFarland, seconded by Councilwoman Hertzog, and Referred to carried, this item was referred to a Study Session, with Study -Session a date certain to be announced. f al AY k:L:F�G� Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 1140 man -McFarland, Warrant Resolution 1140, including Payroll 8109, was approved by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Warrant On -motion by Councilwoman Hertzog, seconded by Council - Resolution 1141 man McFarland, Warrant Resolution 1141 was approved by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Cheney The City Attorney requested settlement authority i'n Settlement connection with Cheney versus City of Costa Mesa law- suit. A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, authorizing settle- ment as recommended in a�ponfidential memorandum dated April 22, 1981. The motion -carried by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Removal of Call The Assistant City Manager requested authority to Box System eliminate the Fire Alarm (Call Box) System, because of a proposed increase by Pacific Telephone Company from approximately $3,200."00 to $8,050.00 per month. On motion by Councilman McFarland, seconded by Councilman Johnson, elimination "of the existing fire alarm system was" approved; and staff was authorized to proceed with implementation of Option 6 as outlined in the report dated February 13, 1981. The motion carried by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Public Hearing The Deputy Clerk announced the public hearing, continued Condemnation of from the meeting of April 6, 1981, for a Resolution of Security Bank Necessity to condemn the Security Pacific National Bank Property property located at 153 East 17th Street, designated Parcel No. 7, in connection with the 17th Street exten- Held Over sion. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, this item was con- tinued to the meeting of June 1, 1981, as recommended"by the Director of Public Services. Public Hearing The Deputy Clerk announced that this was the time and Yellow Cab place set for the public hearing to consider a request Fare Increase from Orange Coast Yellow Cab, Incorporated, 17300 Mount Herrmann Street,'Fountain Valley, for an increase in taxicab rates as follows: 20 percent increase in straight fares; 25 percent increase in waiting time fares; and 20 percent increase in total rate charges since their last increase in 1980. No communications have been received. There being no speakers, the Vice Mayor closed the public hearing. On motion by Council- man McFarland, seconded by Councilwoman Hertzog, and carried, the request was approved as recommended by the Director of Finance. Public Hearing The Deputy Clerk announced that this was the time and Assessment place set for the public hearing for Assessment District District 80-1 No: 80-1, Sunflower/MacArthur Industrial Area. The Affidavits of Publishing, Posting, and Mailing are on 1 1 F�.str— file in the Clerk's office. No communications or protests have been received. F. MacKenzie Brown, 2171 Campus Drive, Suite 330, Irvine, special counsel for the City, outlined the order of procedure for the hearing. George McFarlin, of Robert Bein, William Frost and Asso- ciates, 1401 Quail Street, Newport Beach, performing special engineering services for the City, reported that McGrew Construction Company, Incorporated, Post Office Box 6540, Anaheim, submitted the lowest responsible bid for construction of certain public works within the Assessment District, said bid being in the amount of $2,988,447.77. Mr. McFarlin summarized the contents of the amended Engineer's Report, explained the method and formula of assessment, and reviewed final bond interest rate and discount for financing the project. There being no other speakers, the Vice Mayor closed the public hearing. On motion by Councilwoman Hertzog, Resolution 81-31 seconded by Councilman Johnson, Resolution 81-31, being Ordering Changes A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING CERTAIN CHANGES AND MODIFICA- TIONS IN PROCEEDINGS AND ASSESSMENTS IN AN ASSESSMENT DISTRICT, PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913", BEING DIVISION 12 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer On motion by Councilwoman Hertzog, seconded by Council - Resolution 81-32 man Johnson, Resolution 81-32, being A RESOLUTION OF Approving the THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Contribution APPROVING AND PROVIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES IN AN ASSESSMENT DISTRICT, was adopted by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer On motion by Councilman McFarland, seconded by Council - Resolution 81-33 woman Hertzog, Resolution 81-33, being A RESOLUTION OF Confirming the THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Assessments CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT, was adopted by the following roll 'i call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer On motion by Councilman McFarland, seconded by Council - Resolution 81-34 woman Hertzog,.Resolution 81-34, being A RESOLUTION OF Setting Interest THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Rate and,Discount SETTING INTEREST RATE AND DISCOUNT ON BONDS FOR A on'Bonds SPECIAL ASSESSMENT DISTRICT, was adopted by the follow- ing roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer A motion was made by Councilman McFarland, seconded by Resolution 81-35 Councilman Johnson, to adopt Resolution 81-35, being A Contract Awarded RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AWARDING THE CONTRACT FOR THE CON- STRUCTION -OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT, awarding the contract to, McGrew Construction Company, Incorporated. The motion carried by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Public Hearing The Deputy Clerk announced that this was the time and Weed Abatement place set for the public hearing to hear protests in connection with the City's weed abatement program. No communications have been received. Richard Thomas, 1102 Mission Drive, Costa Mesa, spoke concerning his property at 605 Hamilton Street, stating that he would remove the weeds within two weeks. There being no other speakers, the Vice Mayor closed the public hearing On motion by Councilwoman Hertzog, seconded by Council - Resolution 81-36 man Johnson, Resolution 81-36, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, IN- STRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE OF THE CITY OF COSTA MESA TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, was adopted by the following roll call vote: AYES: Council Members: Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Schafer Public Hearing The Deputy Clerk announced that this was the time and Adult Uses place set for the public hearing to consider a proposed ordinance regulating the location and conditions of Held Over approval of adult uses within the City of Costa Mesa. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, this item was continued to the meeting of May 18, 1981, as recommended by the City Attorney. Public Hearing The Deputy Clerk announced that this was the time and Federal Revenue place set for the public hearing for the purpose of Sharing Funds receiving public comments and proposals on the possible uses of Federal Revenue Sharing Entitlement funds to be appropriated in the fiscal year 1981-82 budget. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Vice Mayor closed the public hearing. No action was required. Appeal of ZE-81-59 The Deputy Clerk,presented an'appeal of the Planning Avetoom Commission's denial of Zone Exception ZE-81-59, from Garnic C. Avetoom, 1633 Highland Drive, Newport Beach, Denied for a variance from provisions of the Sign Ordinance, for property located=at 789 West 19th Street, in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. The applicant has requested a ground directory sign which is 267 percent greater in area and 143 percent greater in height than allowed by the Municipal Code. The P-lanning staff has recommended an alternative which would permit a conforming ground sign within the dedi- cation area, and would necessitate an Encroachment Permit. Mr." Avetoom was present to answer questions from the Council and:spoke in support of his request. After lengthy -discussion, a motion was made by Council- man McFarland, seconded by Councilman Johnson, and carried, denying the variance. Appeal of ZE-81-69 The Deputy Clerk presented an appeal of the Planning Morton/Chernow Commission's denial of Zone Exception ZE-81-69, from George L. Morton, 3054 Country Club Drive, Costa Mesa, authorized agent for Edward Chernow, 16422 Barnstable Circle, Huntington Beach, for a variance to encroach 1 1 into the side yard setback in order to legalize an addition to a residence, located at 1733 Bahama Place, in an R1 zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. The -Development Services Director summarized the Staff Report and a memorandum dated April 30, 1981. George Morton, prospective buyer of the subject property,, was present to answer questions from the Council. Councilman -McFarland suggested that if approval is given, that a condition be added requiring that all improvements made to the subject property, as identified on Page 1, Section II, Subsection B, Items 4a, 4b, 4c, and 4d of the Staff Report, shall be made to conform to the 1979 Uniform Building Code, and appropri- ate permits.shall be obtained for said improvements. Vice Mayor Hall recommended an additional condition requiring that if, in bringing the illegal closet up to 1979 Uniform Building Code requirements, it is necessary to demolish portions of the closet to the extent of 50 percent of the value of the closet, then the closet addition shall be completely removed and the required five-foot side yard setback shall be main- tained. On motion by Councilman McFarland, seconded by Councilman Johnson, and carried, the Negative Declara- tion of Environmental Impact.was adopted; the variance was approved subject to four conditions contained in the Staff Report, and adding the two conditions recom- mended by Council Members McFarland -and Hall. The Deputy Clerk presented an appeal of the Planning Appeal of Commission's decision relating to Zone Exception ZE-81-74 ZE-81-74, from William J. Hite, 7622 Whitney Drive, Hite Huntington Beach, for a Master Plan to al -low expansion of an existing preschool, and a temporary trailer permit to allow use of a trailer .for security guards, located a 320 East 18th Street, in ,an I and R zone. Environ- mental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. The Development Services Director reported that the Planning Commission approved expansion of the preschool and denied the use of the temporary trailer. The appellant is appealing Condition No. 4 which reads as follows: Prior to occupancy and use of the addition, a six-foot high block wall shall be installed along the westerly property line. The Development Services Director also reported that based on additional informa- tion, the Planning Commission and Planning staff have recommended modification of Condition No. 4 as detailed in.a.memorandum dated April 30, 1981. Mr. Hite was not present. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the Negative Declaration of Environmental Impact was adopted; the trailer permit was denied; and expansion of the pre- school was approved subject to conditions recommended by the Planning Commission, with Condition No. 4 modi- fied to call for a wall of six feet in heighth along 27 feet of the westerly side of the property where the play yard will be located, and between the property line and the rear of the building addition. EP -81-02 The Deputy Clerk presented Encroachment Permit EP -81-02, Abrams Har.ry'Adessian and Ard Keuilian, authorized agents for Paul Abrams, Post Office Box 1185, Studio City, to allow landscaping and a sign to encroach into the public right-of-way, for property located at 2502 Harbor Boule- vard, in a Cl zone. Environmental Determination: Exempt. The applicants were not present. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, the permit was approved subject to condi- tions recommended by the Planning Commission. 1�e(";7 Cb i FTS -yrs-J � Rehearing for The Deputy Clerk announced the rehearing of a request Entertainment from James Endsley, 515 - 17th Street, Huntington Beach, Permit - for a live entertainment permit for The Black Rose, 1728 Endsley Newport Boulevard. Mr. Endsley submitted a letter dated April 30, 1981, signed by seven Long Beach police officers supporting the applicants request for a permit. The Planning staff recommended the permit be approved for the same time period as the present parking vari- ance, which is approximately nine months. At that time, the parking variance and live entertainment permit could be considered together for extension or revocation, based on parking conditions observed in the interim. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, and carried, the permit was approved until February 17, 1982, as recommended by staff. Monte Vista No. 4 The Deputy Clerk presented a proposed resolution order - Annexation to the ing Monte Vista No. 4 Annexation annexed to the City of City of Costa Mesa Costa Mesa without hearing or election. On motion by Councilman McFarland, seconded by Councilman Johnson, Resolution 81-37 Resolution 81-37, being A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING AND ORDERING TERRITORY KNOWN AS MONTE VISTA NO. 4 ANNEXATION ANNEXED TO THE CITY OF COSTA MESA WITHOUT HEARING OR ELECTION, was adopted by the following roll call vote: AYES: Council Members: Hall, Hertzog,, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members:, Schafer Councilmanic Vice Mayor Hall stated that he had, been in contact with Comments residents on Adams Avenue regarding their request for an amendment to the Municipal Code, to,allow construction. Wall Standards of an eight -foot wall on their properties along Adams Amendment Avenue, in order to insure privacy and abate traffic noise. The Development Services Director advised that suchan amendment could be prepared for the Planning Commission meeting of June 8, 1981, and the Council meeting of June 15, 1981. Vice Mayor Hall suggested that the change include certain major arterials. On motion by Vice Mayor Hall; seconded by Councilwoman Hertzog, and carried, staff was directed to prepare an amendment pertaining to wall standards. Adjournment The Vice Mayor adjourned .the meeting at 8:45 p.'m. C�k Mayor of the CitY­bf Cost Mesa ATTEST: 60!')3 /,&'- ") 2 6 pl"' City Clerk of the City of Costa Me