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HomeMy WebLinkAbout12/21/1981 - City Council[J ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 21, 1981 The City Council of the City of Costa Mesa, met in regular session on December 21, 1981, 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 Father Denis Lyons, St. John the Baptist Catholic Church. Council Members Present: Council Members Absent: Officials Present: Schafer, Hall, Hertzog, McFarland, Johnson None City Manager, City Attorney, Director of Public Services, Senior Planner, Deputy City Clerk MINUTES On motion by Vice Mayor Hall, seconded by Councilman December 7, 1981 McFarland, and carried 5-0, the minutes of the regular meeting of December 7, 1981, were approved as distrib- uted and posted as there were no corrections. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR On motion by Vice Mayor Hall, seconded by Councilman Johnson, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES:` COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried 5-0, the following Reading Folder items were received and processed: Claims The following claims were received by the Clerk and no action was required: Insurance Company of North America on behalf of Walter Bausman; Robert Dagnall; Clarence E. Dietrich; George R. Edmis- ton; and Matt Smith. Alcoholic Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning Division: David A. Booth, doing business at 1562 Newport Boulevard, Suites C and D; Chong and Tae Y. Lee, doing busi- ness as L and M Dairy, 1712 Santa Ana Avenue; The Jolly Roger, Incorporated, doing business at 2300 Harbor Boulevard; and Wicsun, Incorporated, doing business as Tatsumi, 3033 Bristol Street, Suite N. Public Utilities Notice from the Public Utilities Commission of Commission the filing of Application No. 61066 by Southern California Edison Company, for authority to implement a residential conservation financing program with Zero Interest Financing (ZIP) and Cash Incentive Payments (CIP), and to recover the first year's expenses through its conserva- tion load management adjustment clause. Notice from the Public Utilities Commission of the filing of Application No. 61067 by Southern California Edison Company, for authority to increase rates to recover the 1982 incremental expenses of its Residential Conservation Ser- vice (RCS) Program through its conservation load management adjustment clause. Notice from the Public Utilities Commission of the filing of Application No. 61081 by Southern California Gas Company and Pacific Lighting Gas Supply Company, for authority to increase rates charged for gas service based on test year 1983; to include an attrition allowance for 1984; to include in rates a reward for conservation achievements; and to include in rate base as plant held for future use the expenditures asso- ciated with a major gas supply project. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Orange County Council of Camp Fire Girls Camp Fire Girls, 1442 Irvine Boulevard, Suite 108, Tustin, by selling candy door-to-door and in shopping MOTION centers from January 1 through March 1, 1982. On motion Permit Approved by Vice Mayor Hall, seconded by Councilman Johnson, and carried 5-0, the request was approved with application of Municipal Code Section 9-234J. Children's Hospital Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Children's Hospital of Orange County, 2025 West First Street, Santa Ana, by collecting reusable household goods and personal items MOTION during the 1982 calendar year, for sale in their thrift Permit Approved store. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried 5-0, the request was approved with application of Municipal Code Section 9-234J. Good Shepherd Notice of Intention to Appeal or Solicit for Charitable Lutheran Home Purpose has been received from Good Shepherd Lutheran Home, 23442 E1 Toro Road, E1 Toro, by collecting reus- able household goods and personal items during the 1982 MOTION calendar year, for sale in their thrift store. On Permit Approved motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried 5-0, the request was approved with application of Municipal Code Section 9-234J. Calabash A request has been received from Calabash Landing, 179 Landing East 17th Street, Costa Mesa, for a permit allowing public dancing and live entertainment. On motion by MOTION Vice Mayor Hall, seconded by Councilman Johnson, and Permit Approved carried 5-0, the request was approved for six months subject to one condition of the Revenue Division. SET FOR PUBLIC On motion by Vice Mayor Hall, seconded by Councilman HEARING' Johnson, and carried 5-0, the following items were set for public hearing on the dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: Final EIR - January 4, 1982. Final Environmental Impact Victoria Street Report for property located at 600 Victoria Street. R-81-15 January 4, 1982. Rezone Petition R-81-15, Robert Wilkinson E. Wilkinson, authorized agent for Havens Costa Mesa Property Trust, 9019 Park Plaza Drive, Suite B, La Mesa, for permission to rezone property located at 600 Victoria Street from R1 to R2. R-81-16 January 4, 1982. Rezone Petition R-81-16, Costa Mesa City Council, for permission to rezone prop- erty located at 276 Victoria Street from AP -CP to CL. Environmental Determination: Environmental t 410 mental Impact Report accepted for General Plan Amendment GP -76-1C. R-81-18 January 18, 1982. Rezone Petition R-81-18, C. R. Spiller Spiller, Jr., authorized agent for Orange and Adjustment Cabrillo, Limited, 234 East 17th Street, Suite 82-249 in the amount of 117, Costa Mesa, for permission to rezone prop- $150,500.00, erty located at 176-186 Cabrillo Street and at appropriation for 1745-1747 Orange Avenue from R2 to R4. Environ- salary increases for Division mental Determination: Negative Declaration. Final EIR for January 18, 1982. Final Environmental Impact Civic Center Report, Costa Mesa City Council, to amend the AYES: Master Plan for the Costa Mesa Civic Center, Schafer, Hall, Hertzog, located at 77-99 Fair Drive, in an I and R zone. REJECTED CLAIM On motion by Vice Mayor Hall, seconded by Councilman McFarland, Johnson Johnson, and carried 5-0, the claim of Christopher Dovey Dovey was rejected. ADMINISTRATIVE Change Order No. 1, in the amount of $4,000.00, was ACTIONS presented, relating to the contract with Hillside None Repair, Incorporated, 2881 La Cresta Avenue, Anaheim. Change Order No. l The change order is to provide an additional 250 feet Fairview Road of four -inch perforated subdrain in connection with the Embankment Fairview Road Embankment Stabilization at the 405 Freeway. On motion by Vice Mayor Hall, seconded by MOTION Councilman Johnson, the change order was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - Werner An agreement was presented with Lawrence M. and Margaret S.,Werner, in the amount of $4,640.00, in connection Surplus Property with the sale of surplus right-of-way located at the at Irvine and southwest corner of Irvine Avenue and Walnut Place. On Walnut motion by Vice Mayor Hall, seconded by Councilman John- son, the agreement was approved; the Mayor and Clerk MOTION were authorized to sign on behalf of the City; and auth- Approved orization was given to open escrow. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget On motion by Vice Mayor Hall, seconded by Councilman Adjustment Johnson, Budget Adjustment No. 82-23, in the amount of No. 82-23 $50,500.00, to provide adequate appropriation to pur- chase a showmobile unit, was approved by the following MOTION roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget. On motion by Vice Mayor Hall, seconded by Councilman Adjustment Johnson, Budget Adjustment No. 82-249 in the amount of No. 82-24 $150,500.00, to provide adequate appropriation for salary increases for Division Heads, Fire, and part-time MOTION personnel, was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget On motion by Vice Mayor Hall, seconded by Councilman Adjustment Johnson, Budget Adjustment No. 82-25, in the amount of No. 82-25 $4,675.00, to provide adequate appropriation for salary increases reflected in Resolutions 81-81 and 81-92, was MOTION approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget On motion by Vice Mayor Hall, seconded by Councilman Adjustment Johnson, Budget Adjustment No. 82-26, in the amount of No. 82-26 $32,395.00, to provide adequate appropriation for retirement benefits associated with Division Heads and MOTION Fire personnel salary increases, was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget On motion by Vice Mayor Hall, seconded by Councilman Adjustment Johnson, Budget Adjustment No. 82-28, in the amount of No. 82-28 $3,500.00, for repair and expansion.of existing parking lot, and to improve security lighting at Balearic MOTION Center, was approved by the following roll call vote: Approved AYES: COUNCIL.MEMBERS: Schafer,.Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 Contract A contract amendment was presented, relating to the Amendment/Omni- agreement with Omni -Group, Incorporated, 2800 Olympic Group Boulevard, Suite 103, Santa Monica, California. The amendment is for an increase to the contract of Corporation $2,480.00, in order to include site plan verification Yard Study and space utilization floor plan in connection with the Corporation Yard Study. On motion by Vice Mayor Hall, MOTION seconded by Councilman Johnson, the amendment was Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Restroom at Bids received for Construction of a Restroom at Costa Golf Course Mesa Golf and Country Club are on file in the Clerk's office. On motion by Vice Mayor Hall, seconded by MOTION Councilman Johnson, the contract was awarded to R. G. Awarded to R. G. Construction, 2165 State Avenue, Costa Mesa, in the Construction amount of $33,900.00, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of A request was presented for purchase of a showmobile Showmobile and and portable stage equipment from Wenger Corporation, Stage Equipment 555 Park Drive, Owatonna, Minnesota, sole source vendor, for an amount of $43,918.00. On motion by Vice Mayor MOTION Hall, seconded by Councilman Johnson, the request was Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 527 Bids received for Bid Item 527, Three Gas Detectors, Three Gas are on file in the Clerk's office. On motion by Vice Detectors Mayor Hall, seconded by Councilman Johnson, the bid was awarded to Bullard Safety, 5586 East Imperial Highway, 412 MOTION South Gate, in the amount of $5,525.09, being the lowest Awarded to bid meeting specifications. The motion carried by the Bullard Safety following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Site Improvements Bids received for Site Improvements at Balearic Center at Balearic Center are on file in the Clerk's office. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the contract MOTION was awarded to Wakeham Construction, Incorporated, 3621 Awarded to Wakeham West MacArthur Boulevard, Suite 118, Santa Ana, in the Construction amount of $41,855.00, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Used A request was presented for the Purchasing Agent to Vehicle for negotiate the purchase of one 1981 mid-size used Revenue Division vehicle, for an approximate amount of $7,000.00. The vehicle is an approved budgeted item of the Revenue MOTION Division. On motion by Vice Mayor Hall, seconded by Purchase Approved Councilman Johnson, the request was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ZE-81-84 A request was presented from Thrifty Corporation, Post r Thrifty Office Box 92333, Los Angeles, for refund of $3,940.00, per a Right of Entry Agreement in connection with Zone MOTION Exception ZE-81-84. On motion by Vice mayor Hall, Refund Authorized seconded by Councilman Johnson, the refund was author- ized 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. 3 was presented, relating to the No. 3"- Canyon contract with Thomsen Landscape in connection with Park Improvements Canyon Park Site Improvements - Phase I. The increase - Phase.I is in the amount of $58,662.00 for an additional 9,777 cubic yards of soil. On motion by Vice Mayor Hall, MOTION seconded by Councilman Johnson, the change order was Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Classification On motion by Vice Mayor Hall, seconded by Councilman Change Johnson, Resolution 81-97, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING MOTION RESOLUTION NO. 81-81 AND ADDING THE JOB CLASSIFICATION Resolution 81-97 OF DIRECTOR OF REDEVELOPMENT TO THE SALARY RESOLUTION Adopted FOR EXECUTIVE PERSONNEL, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, Ordinance 79-14, being AN ORDINANCE OF THE CITY R-79-06/Brooks COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING 13 THE ZONING OF A PORTION OF LOT 1004, NEWPORT MESA TRACT, MOTION FROM R2 TO R3, in connection with Rezone Petition Ordinance 79-14 R-79-06, Jimmie B. and Rebecca Brooks, for property Adopted located at 932 and 936 West 18th Street, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None R-79-16/Brooks On motion by Vice Mayor Hall, seconded by Councilman Johnson, Ordinance 80-5 being AN ORDINANCE OF THE CITY MOTION COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Ordinance 80-5 THE ZONING OF A PORTION OF LOT 1004, NEWPORT MESA TRACT, Adopted FROM R2 TO R3, in connection with Rezone Petition R-79-16, Jimmie B. and Rebecca Brooks, for property located at 920 - 926 West 18th Street, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:. None Terms of Planning On motion by Councilman McFarland, seconded by Council - Commissioners and woman Hertzog, Ordinance 81-24, being AN ORDINANCE OF Residency THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Requirement AMENDING SECTION 13-3 OF THE COSTA MESA MUNICIPAL CODE RELATING TO TERMS OF PLANNING COMMISSIONERS AND ADDING Ordinance 81-24 A RESIDENCY REQUIREMENT, was given second reading and Adopted adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Planned Development On motion by Councilman McFarland, seconded by Council - Requirements woman Hertzog, Ordinance 81-25, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 81-25 AMENDING REGULATIONS CONCERNING PLANNED DEVELOPMENTS Adopted WITHIN THE CITY OF COSTA MESA, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Former Planning Mayor Schafer announced that Richard Carstensen, former Commission Planning Commission Chairman, had arrived and invited Chairman him to the podium. The Mayor, on behalf of the City Commended Council, thanked Mr. Carstensen for his dedication while serving on the Planning Commission, and advised him that a Certificate of Appreciation has been pre- pared and will be forwarded to him. Appeal of ZE-81-165 The Deputy Clerk presented from the meeting of November Gianulias 16, 1981, an appeal from Robert E. Kelly, representing residents of North Costa Mesa residing west of Bristol Street, of the Planning Commission's approval of Zone Exception ZE-81-165, James C. Gianulias, authorized agent for Bristol Plaza; Post Office Box 2990, Newport Beach, for a Conditional Use Permit to exceed the two- story height limitation to allow two six -story office buildings, with variances from landscaped setback requirements, located at 3150 Bristol Street, in a Cl zone. Environmental Determination: Exempt. A petition containing 247 signatures was submitted by Mary Ann Rose, 3100 Yellowstone Drive, Costa Mesa, in opposition to the project. A member of the Planning Staff summarized the Staff Report and answered questions from the Council. t'. the following Costa Mesa residents spoke in opposition to the proposed project: Bob Kelly, 3132 Trinity Drive; Mary Ann and Roy Rose, 3100 Yellowstone Drive; Mary Naylor, 3137 Trinity Drive; George Wiley, 3088 Roanoke Lane; Robert Moody, 632 Shasta Lane; Harry Wong, 3112 Yellowstone Drive; Don Crippen, 3090 Yellowstone Drive; Norman Suker, 603 Ranier Way; and Phyllis Sides, 3125 Trinity Drive. Two Costa Mesa residents spoke in sup- port of the project: Phil Weinreich, 624 Whitney Way; and Sol Schweitzer, 636 Rhine Lane. Andrew Gianulias, 3101 Manistee Drive, Costa Mesa, representing the appli- cant, spoke in support of the project, gave a slide presentation, and answered questions from the Council. MOTION After discussion., a motion was_made by Councilman Denied McFarland, seconded by Councilwoman Hertzog, to deny Zone Exception ZE-81-165 based on the findings and analysis contained in the Staff Report, and the input received from the public. Further discussion ensued, and thereafter, Mayor Schafer called for a vote. The motion to deny the application carried 4-1, Vice Mayor Hall voting no. RECESS The Mayor declared a recess at 8:20 p.m., and the meeting reconvened at 8:30 p.m. Tree Removal Toe Deputy Clerk presented from the meeting of November Program 169 1981, report from a citizens committee regarding a tree removal program. On motion by Councilman McFar- MOTION land, seconded by Vice Mayor Hall, and carried 5-0, this Held Over item was continued to the meeting of January 18,'1982. WARRANTS On motion by Councilman McFarland, seconded by Council- woman Hertzog, Warrant Resolution 1163, including Warrant Payroll 8125, was approved by the following roll call Resolution 1163 vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson MOTION NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY At the request of the City Attorney, a closed session REPORTS to discuss the Arnel litigation was scheduled following Arnel Lawsuit the close of regular business. Mayor Schafer announced that if anyone in the audience wished to speak on this subject, they could do so at this time. There were no speakers. People versus The City Attorney reported that the League of California Simon Cities has requested that the City participate as amicus in the case of People versus Simon. The issue in this case is the constitutionality of the City of Pico Rivera's indecent exposure ordinance. A motion was made MOTION by Councilman McFarland, seconded by Vice Mayor Hall, Amicus and carried 5-0, authorization was given to add the name Participation of the City of Costa Mesa to the amicus brief prepared Authorized by the City of Pico Rivera. CITY MANAGER REPORTS The City Manager presented a request for Council policy Reimbursement for concerning reimbursement of expenses for citizen commit - Citizen Committees tees. A motion was made by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried 5-0, to continue with MOTION the present policy of payment to the Planning Commis - Continue sioners for scheduled meetings and mileage allowance, Present Policy and no reimbursements for members of other committees. Parking Financing On motion by Councilman McFarland, seconded by Council - for Music Center woman Hertzog, Resolution 81-98, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AUTHORIZING INSTALLMENT SALE FINANCING FOR THE PURPOSE Resolution 81-98 OF PROVIDING FOR THE ACQUISITION, CONSTRUCTION, AND Adopted FINANCING OF CERTAIN PARKING FACILITIES, was adopted by the following roll call vote: 'AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS- 'None ABSENT: COUNCIL MEMBERS: None COMMISSIONER Mayor Schafer introduced Costa Mesa Traffic Commissioner INTRODUCED Mark Sloate who was in the audience. NEW BUSINESS The Deputy Clerk presented a request from Dave Leighton, 1074 Redding Street, Costa Mesa, on behalf of the North Flood Insurance Costa Mesa Homeowners Association, for exemption from Exemption flood insurance requirements for the Mesa Woods and Greenbrook homes. The Senior Planning reported that, the six tracts within the'subject developments do not contain sufficient information (building pad elevations and elevation of surrounding properties) required by the Federal Emergency Management Agency to determine if a parcel can be exempt. Also; no records were found for two of the'four tracts within the Mesa Woods development. MOTION After discussion, a motion was made by Vice Mayor Hall, Action Withheld seconded by Councilwoman Hertzog, and carried 5-0, authorizing staff to advise Mr. Leighton that the City cannot proceed with the request, and suggesting that the homeowners association retain a private surveyor or engineer to provide the necessary information which would be required to make such a determination. Appeal of ZE-81-177 The Deputy Clerk presented an appeal of the Planning Shumaker/Bicycle Commission's denial of Zone Exception ZE-81-177, from World Stephen Shumaker, authorized agent for Star Bicycle, 22 Westcliff Villa, Newport.Beach, for a Conditional Use Permit for outside storage to allow for the display of bicycles on the landscaped area in front of the build- ing, located at 2146 Newport Boulevard, in a C2 zone. Environmental Determination: Exempt. A communication has-been received from Beryl K. Hall and Mrs. Arthur'P. Hall of Yankee'Peddler Antiques, 2134 Newport Boulevard, stating that they had no objections to the display of bicycles on the lawn of subject property. The Senior Planner gave a brief summary'of the Staff Report and a memorandum dated December 17, 1981. Stephen Shumaker was present and spoke in support of his request, and answered questions from the Council. MOTION A motion was made by Vice Mayor Hall, seconded by Coun- Zone Exception cilman Johnson; to approve Zone Exception ZE-81-177 Approved' based on the findings that the impact of the display would not be detrimental to the surrounding area; that -the -type of display is commensurate with the busi- ness; that bicycles are not usual objects to observe in front of business establishments; and subject to the following conditions: No. l; as.written in the Staff Report; No. 2, amended'by'deleting, "No bicycles shall be placed in landscaped areas or in front of other shops"; Nos. 3, 4, and 5, as written; and add Condition No. 6, "All bicycle display in'the landscaped area will cease December 25, 1981 In response to questions from the Council concerning signage, -the -Senior ' Plannerreported that allowances are made for addresses o be placed on buildings. Mayor Schafer asked for clarification of that portion of the motion which pertained to deletion of the second sen - AMENDED MOTION tence of Condition'No. 2.''After reviewing the subject Condition No. 2 wording, Vice Mayor Hall amended his motion, seconded to Remain as by Councilman Johnson, to reinsert the second sentence Written of Condition No. 2. r AMENDED MOTION After further discussion, Vice Mayor Hall again amended Authorizing his motion by adding Condition No. 7, authorizing Address on address numbers to be placed on the south wall of sub - South Wall ject building. Mr. Shumaker agreed to all conditions. The,.amended motion was seconded by Councilman Johnson, Mand carried 5-0. ZE-81-189/RA-81-21 The Deputy Clerk presented Zone Exception ZE-81-189, Afshar/Modic Redevelopment Act ion RA -81-21, Farhad Afshar, 8081 Holland Circle, Huntington Beach, authorized agent for William L. Modic, 1728 Placentia Avenue, Costa Mesa, for a Conditional Use Permit to conduct auto repair and painting within 200 feet of a residential*`zone,,.and Redevelopment Agency approval, located,at 17.47 Anaheim Avenue, in an MG zone. Environmental Determinatio`n.: Exempt. The Planning Commission -recommended denial; the Redevelopment Agency.recommended approval-�subjiect to conditions. Mr. and Mrs. Afshar were present and spoke in support of their request. Ms. Georgie Jones, 400 Tustin Avenue, Newport Beach, owner of property at 631 and 635'Shalimar Avenue, Costa Mesa, stated that she had received a letter of objection from one of her tenants, however, if appropriate conditions were imposed by the Council, she would have no objection to the project. MOTION After discussion, Councilwoman Hertzog made a motion Approved to approve the zone exception based on the findings of the Redevelopment Agency, and subject to all condi- tions contained in the Staff Report. The motion was seconded by Vice Mayor Hall, and carried 3-2, Council Members Schafer and McFarland voting no. ORAL William Myers, 3358 Fuchsia Avenue, Costa Mesa, stated COMMUNICATIONS that he inadvertently missed speaking on an earlier item concerning exemption from flood insurance require - Flood Insurance ments for the Mesa Woods and Greenbrook homes. After Exemption discussion, Mr. Myers stated he would submit a communi- cation to the Council regarding this subject. COUNCILMANIC Councilman McFarland requested -Mayor Schafer to direct COMMENTS a letter to the Newport Beach City Council, inquiring whether or not that council agrees with "no" vote by Route 55 one of its members relating to the State's Route 55 study of the Arches interchange at Coast Highway. The aforementioned interchange study was discussed at a recent Route 55 Public Advisory Committee (PAC) meeting. Mayor Schafer responded that the requested communication would be forwarded to Newport Beach. Commissioner Mayor Schafer announced that applications were being Applications received until December 28, 1981, for the position of Costa Mesa Planning Commissioner. She also advised that interviews were scheduled for January 20, 1982. ADJOURNMENT TO At 10:05 p.m., Mayor Schafer adjourned the meeting to CLOSED SESSION a closed session in the first floor Conference Room for the purpose of discussing the Arnel litigation. CLOSED SESSION During closed session, discussion was held concerning various options open to the Council in connection with Arnel Court an Appellate Court action on December 1, 1981, in the Decision Will Arnel case. The court held the Initiative Ordinance Not Be Appealed of 1978 was invalid because it was discriminatory. After discussion, the Council decided not to appeal to the State Supreme Court. ADJOURNMENT The Mayor declared the meeting adjourned at 10:25 p.m. Mayor of -the City of CdIsta Mesa ATTEST: p City Clerk of the City of Costa M a