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HomeMy WebLinkAbout12/20/1982 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 20, 1982 The City Council of the City of Costa Mesa met in . regular session -on December 20, 1982, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Alle- giance to the Flag, and Invocation by the Reverend Paul Thomas, Church of Christ. Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Council - December 6, 1982 woman Hertzog, and carried 5-0, the minutes of the regular meeting of December 6, 1982, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 5-0, to read all ordi- nances by title only. PRESENTATION On behalf of the owners, the Board of Directors, the medical staff, and all the employees of the Costa Mesa Medical Center Hospital, Carl Thielmann presented to each Council Member and the City Manager a hospital T-shirt as a symbol of their gratitude for the City's continued support of this facility. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 2, Notice of Intention to Appeal or Solicit for Charitable Purpose from Children's Leukemia Research Foundation, Incorporated. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the following Reading Folder items were received and processed: Claims One claim received by the City Clerk from the following claimant: Attorney Joseph Davis on behalf of Allen G. Lewis, Jr. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning staff Licenses from: Chalet Bavarian Restaurant, Incorporated, doing business at 1969 Harbor Boulevard. Restoration Resolution from the City of Garden Grove support - of Courthouse ing rehabilitation and restoration of the Old County Courthouse in Santa Ana by the County of Orange. Public Utilities Notice from the Public Utilities Commission of Commission an amendment to Application No. 82-02-40 filed by Southern California Edison Company, for authority to establish a Major Additions Adjust- ment Clause, to implement a Major Additions Adjustment Billing Factor and an Annual Major Additions Rate to cover the costs of owning, operating, and maintaining San Onofre Nuclear Generating Station Unit No. 2. Notice from the Public Utilities Commission that Application No. 82-12-02 has been filed by the Southern California Gas Company and the Pacific Lighting Gas Supply Company, for authority to include in rate base as plant held for future use; the costs associated with the liquefied natural gas project, and to increase rates to reflect such rate base treatment; or in the alternative, to amortize such costs over four years and recover them in rates. Notice from the Public Utilities Commission that Application No. 82-12-07 has been filed by South- ern California Edison Company, for an Ex Parte Order authorizing rates pursuant to its Conserva- tion Load Management Adjustment Clause (CLMAC), to be made effective for electric service ren- dered on and after January 1, 1983, to recover solar rebate demonstration program expenses. ADMINISTRATIVE ACTIONS The Final Map and Subdivision Agreement were presented for Tract 11606, Knowleton Corporation, developer, 720 Final Map for Bennett Avenue, Long Beach; one lot, 0.87 -acre, located Tract 11606 - at 810 Baker Street, for condominium purposes. On Knowleton motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, the map was approved; the Council did accept MOTION on behalf of the public the dedication of Baker Street Map and Agreement for street purposes; did also accept on behalf of the Approved City: (1) the ingress/egress easement for emergency vehicle purposes over Lot One as dedicated, (2) the easement for public utility purposes as dedicated, (3) all vehicular access rights to Baker and Randolph Streets as released and relinquished; did also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; the Clerk was author- ized to sign subject map, and the Mayor and Clerk were authorized to sign the agreement on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - First An agreement was presented, between the First United United Methodist Methodist Church and the City of Costa Mesa, for an Church exchange of a City -owned parcel on 19th Street for parcel at 420 West 19th Street, Assessor Parcel No. 19th Street 115-282-10, in connection with the 19th Street Widening Widening Project. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, the agreement was approved, and MOTION the Mayor and Clerk were authorized to sign on behalf Agreement of the City. The motion carried by the following roll Approved call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 19th Street The Director of Public Services has requested approval Underground Utility to extend the completion date for 19th Street Under - ,District No. 8 ground Utility District No. 8, Fullerton Avenue to Park Avenue, to March 1, 1984. The extension is necessary because of delays in connection with the widening of MOTION 19th.Street. On motion by Councilwoman Schafer, Extended Completion seconded by Vice Mayor Johnson, and carried 5-0, the Date Approved March 1, 1984, completion date was approved. Final Map for The Final Map was presented for Tract 11815, David 0. Tract 11815 - Clark, developer, Post Office Box 1731, Newport Beach; Clark seven lots, 0.45 -acre, located at 340 East 20th Street, for condominium purposes. On motion by Councilwoman MOTION Schafer, seconded by Vice Mayor Johnson, the map was Map Approved approved; the Council did accept on behalf of the City the ingress/egress easement for emergency and security vehicle purposes as dedicated; did also approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign subject map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 567 Bids.received for Bid Item 567, One Asphalt Patch Truck, One Asphalt are on file in the Clerk's office. On motion by Coun- Patch Truck cilwoman Schafer, seconded by Vice Mayor Johnson, the contract was re -awarded to Robinson Erickson Ford, MOTION Incorporated, 650 Las Tunas Drive, San Gabriel, in the Re -awarded to amount of $52,185.00 plus six percent tax, being the Robinson lowest responsible bid. The motion carried by the Erickson Ford following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 568 Bids.received for Bid Item 568, One Tractor Equipped One Tractor with Trencher, Backhoe; and Blade, are on file in the Clerk's office. On motion by Councilwoman Schafer, MOTION seconded by Vice Mayor Johnson, the contract was Awarded to awarded to Vermeer California, 1733 South Vineyard Vermeer California Avenue, Ontario, in the amount of $19,240.00 plus six percent tax, being the lowest responsible bid. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of A motion was made by Councilwoman Schafer, seconded by Medical Equipment Vice Mayor Johnson, approving the purchase of medical _recording equipment for the Fire Department, for an MOTION approximate amount of $8,200.00, from sole source Purchase Approved vendor, Physio Control, 23275 South Pointe Drive, Suite 150, Laguna Hills. The motion carried by the following roll .call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of A motion was made by Councilwoman Schafer, seconded by Radio Equipment Vice Mayor Johnson, approving the purchase of radio equipment for the Fire Department, for an approximate MOTION amount of $7,500.00, from sole source vendor, Motorola Purchase Approved Communications, 171 South Anita Drive, Suite 201, Orange. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7A® 2 Extension of The Purchasing Agent has requested authorization to Contract with extend Purchase Agreement No. 990377 with Harris and Harris and Frank Frank, Incorporated, 5570 Wilshire Boulevard, Los Bid Item 497 Angeles, in connection with Bid Item 497, furnishing MOTION uniforms for the Police and Fire Departments. The term MOTION of the extension will be from January 1 through December Extension 31, 1983. On motion by Councilwoman Schafer, seconded Approved by Vice'Mayor Johnson, the contract extension was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Lawsuit Concerning The City Manager has requested authorization to expend Increase for PERS $500.00 to assist the City of Anaheim in a test case Retirees against the Public Employees Retirement System (PERS) Board. The facts surrounding the lawsuit are detailed in the City Manager's memorandum dated December 14, MOTION 1982. A motion was made by Councilwoman Schafer, Participation seconded by Vice Mayor Johnson, authorizing partici- Authorized pation in subject case. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amendment to A motion was made by Councilwoman Schafer, seconded by Building Plan Vice Mayor Johnson, to adopt Resolution 82-93, being Review Procedure A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA and Agreement MESA, CALIFORNIA, AMENDING THE ACCELERATED BUILDING PLAN REVIEW PROCEDURE AND AGREEMENT. The motion car - MOTION ried:by the following roll call vote: Resolution 82-93 AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Adopted McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Remodeling of Paularino Park has been completed to the Paularino Park satisfaction of the Director of Leisure Services by Remodeling Ernest Reason General Engineering Contractor, Post Office Box 6224, Huntington Beach. On motion by Coun- MOTION cilwoman Schafer, seconded by Vice Mayor Johnson, the Work Accepted work was accepted; the.Clerk was authorized to file a Notice of Completion; the Performance Bond was ordered exonerated 35 days after the Notice of Completion has been:filed; the Labor and Material Bond was ordered exonerated seven months after the Notice of Completion has been filed; and authorization was given to release retention funds 35 days after acceptance by Council. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS:. None ABSENT: COUNCIL MEMBERS: None Notice of Completion Slope Renovation and Installation of Drainage System at Improvements at Marina View Park have been completed to the satisfaction Marina View Park of the Director of Leisure Services by John C. Ettlin, 25371 Yacht Drive, Dana Point. On motion by Council - MOTION woman Schafer, seconded by Vice Mayor Johnson, the work Work Accepted was accepted; the Clerk was authorized to file a Notice of Completion; the Performance Bond was ordered exoner- ated 35 days after the Notice of Completion has been filed; the Labor and Material Bond was ordered exoner- ated seven months after the Notice of Completion has been filed; and authorization was given to release retention funds 35 days after acceptance by Council. The motion carried by the following roll call vote: 1 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None 1 x,'73 1' 1 Change Order No. 1 The Director of Leisure Services has requested approval - Moser Landscape of Change Order No. 1, in the amount of $53,200.00, to the contract with Moser Landscape, Incorporated, 15790 Fair Drive Parkway Astral Avenue, Chino, in connection with improvements to Renovation the Fair Drive Parkway. The change order is necessary for reconstruction of sidewalks. On motion by Council - MOTION woman Schafer, seconded by Vice Mayor Johnson, the Change Order change order was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 8 The Assistant City Manager has requested approval of - Architectural Change Order No. 8, in the amount of $13,049.00, to the Development contract with Architectural Development Services, Incor- porated, 3183 Airway Avenue, Building "E", Costa Mesa, Civic Center in connection with construction of the Civic Center Annex/Phase I Annex/Phase I. The change order is necessary for addi- tion of a two-inch water line, increase size and type of MOTION fascia on the canopy, addition of a television monitor Change Order and camera, and installation of a new annuncator panel Approved -for the fire alarm system. 'On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None BUSINESS PERMIT Item 2 on the Consent Calendar was presented, Notice of Intention to Appeal or -Solicit for Charitable Purpose Children's from'Children's Leukemia Research Foundation, Incorpor- Leukemia Research ated, 140 South Harbor Boulevard, Santa Ana, by collec- Foundation tion of reuseable household goods and personal items. Ms. Jeri Montano, 17742 San Candela, Fountain Valley, and Richard Janatsch, representing the applicant, were present to answer questions from the Council. Council Members Hertzog and Hall asked numerous questions regarding the "Statement of Earnings" submitted by the applicant, however, the responses from Ms. Montano and Mr. Janatsch were not to the satisfaction of the Council. Councilwoman Hertzog expressed concern that only eight percent of receipts are given to the Founda- tion and approximately 92 percent are expended for general and administrative expenses. MOTION A motion was made by Councilwoman Hertzog to continue Held Over this item to the meeting of January 17, 1983, so that the applicant can produce the information required. The motion was seconded by Vice Mayor Johnson, and carried 5-0. Mayor Hall suggested that Ms. -Montano contact the City Manager and he will advise her of the information that is required. OLD BUSINESS The Clerk presented a request from Joseph J. Yukech, Closure of Newton owner of The Concert Factory, 1714 Placentia Avenue, Way - The Concert Costa Mesa, to close Newton Way to public traffic Factory (except Newton Way business owners) on Friday and Saturday nights between 8:00 p.m. and 10:30 p.m. The Police and Public Services Departments have recommended denial. 274 The Director of Public Services reported that staff has recommended denial because the closure of Newton Way would only move the parking problem to another area. The City Manager stated that the Police Department has also recommended denial. He also reported that the present owner has greatly improved this operation. Joseph Yukech, owner of The Concert Factory, spoke in support of his request and expressed concern that the opening of a new club at 17th Street and Placentia Avenue will add to the present parking problems in the area. Mr. Yukech also stated that since Newton Way does not have sufficient lighting, parking on that street was not safe. Vice Mayor Johnson suggested. that Mr. Yukech contact surrounding business owners for the purpose of making arrangements to use their parking facilities on week- end nights. During discussion, Councilman McFarland asked for infor- mation concerning those loan applicants who are refused by Crocker Bank. The City Manager responded that the City Council would be the final authority if the bank rejected a loan and the applicant appealed to the City Council, however, he expressed his opinion that he would prefer that Crocker Bank had final authority. If Council, on appeal, overrides the decision of the bank, then the City should be prepared to be liable for the loan. The Administrative Assistant for Housing and Community Development confirmed that if an applicant for a loan is turned down by Crocker Bank, he has a right to appeal to Council. MOTION A motion was made by Councilwoman Schafer, seconded by Revisions Vice Mayor Johnson, approving the recommended revisions. Approved The motion carried 5-0. Council Members McFarland, Hertzog, and Johnson voiced their opposition to closure of a public street and felt other options should be pursued to solve the park- ing problem. MOTION A motion was made by Councilman McFarland, seconded by Closure of Councilwoman Hertzog, denying the request to close Street Denied Newton Way based on the recommendations of staff. The motion carried 5-0. WARRANTS On motion by Councilwoman Hertzog, seconded by Vice MOTION Mayor Johnson, Warrant Resolution 1199, including Pay - Warrant 1199 roll 8225, was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager presented revisions to the Housing and Community Development Residential Rehabilitation HCDA Program. He recommended approval of the following: Rehabilitation (1) Credit Agreement Revision; (2) Simplification of Program Financial Assistance to Owners; (3) Streamlining of Administrative Procedures; (4) Executing Lump Sum Drawdown Agreement; and (5) Adopting Housing Quality Standards. These revisions are detailed in a memoran- dum dated December 20, 1982, from the Redevelopment Director. During discussion, Councilman McFarland asked for infor- mation concerning those loan applicants who are refused by Crocker Bank. The City Manager responded that the City Council would be the final authority if the bank rejected a loan and the applicant appealed to the City Council, however, he expressed his opinion that he would prefer that Crocker Bank had final authority. If Council, on appeal, overrides the decision of the bank, then the City should be prepared to be liable for the loan. The Administrative Assistant for Housing and Community Development confirmed that if an applicant for a loan is turned down by Crocker Bank, he has a right to appeal to Council. MOTION A motion was made by Councilwoman Schafer, seconded by Revisions Vice Mayor Johnson, approving the recommended revisions. Approved The motion carried 5-0. Cable Franchise - The City Manager recommended that Council adopt a Public Public Participation Program in connection with the Participation Cable Communications Franchise. Referring to his Program memorandum dated December 14, 1982, the City Manager read staff's recommendations based upon the response from the Council after discussion of alternatives at the November 22, 1982, Study Session. The City Manager also recommended that the first public forum be held on January 19, 1983, at the Neighborhood Community Center to obtain public input from all seg- ments.of the community. He suggested that special notices be sent to those parties identified by the Council and staff as potential participants and that the local news media be contacted concerning possible news articles on this event. MOTION A motion was made by Councilman McFarland, seconded by Participation Vice Mayor Johnson, .adopting the public participation Model Approved model as proposed. The motion carried 5-0. PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of ZE-82-145 the meeting of December 6., 1982, to consider an appeal McComb/Parker of the Planning Commission -denial of Zone Exception Holistic Center ZE-82-145 from John C. McComb, Parker Holistic Center, authorized agent for The Community Church by the Bay, 148 East 22nd Street, Costa Mesa, for a Conditional Use Permit to allow medical facilities in conjunction with an existing holistic health center in an existing - church, located at the above address in an R2 zone. Environmental Determination: Exempt. The Development Services Director stated he would not give a full presentation since this item was continued from the last Council meeting because of a tie vote. He did report that apparently the day care center and book stome are affiliated with church functions, how- ever, if the facilities are used by Coastline Community College for classes or used for drug and alcohol abuse programs, a Conditional Use Permit will be required. In response to Councilwoman Hertzog's inquiry regarding community response, the Director stated that only one letter had been received opposing the proposed use. John McComb was present and Mayor Hall asked that he read the communication he submitted to the Council from William R. Parker, Chairman of the Holistic Center. The letter pledges that the Center will not expand the chelation facility beyond that described. In addition, Mr. Parker agreed to close or.transfer the chelation facility should it cause unforeseen problems affecting the residential nature of the surrounding community. William Parker was present and stated that no more than 15 clients would be treated in any three-hour period. There being no other speakers, the Mayor closed the public hearing. MOTION Councilwoman Schafer made a motion for approval of ZE-82-145 ZE-82-145 subject to all conditions recommended by the Approved Planning Commission with the addition of Condition No. 4, if any compla.ints are received they are to be directed to the City Council for evaluation with the possibility of the permit being revoked; and based on the following findings: (1) that the use is not detrimental to the health, safety, or welfare of the neighborhood; (2) the church and medical facilities are located adjacent to commercial uses, and is in a unique location because it is surrounded by commercial 276 and residential properties; and (3) if the operators of the center do not comply with the conditions, the permit will be revoked. Councilwoman Schafer also requested that the letter submitted by Mr. Parker be made part of the record. The motion was seconded by Vice Mayor Johnson, and carried 3-2, Council Members McFarland and Hertzog voting no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-82-151 set for the public hearing to consider an appeal of the Newberg Planning Commission denial of Zone Exception ZE-82-151, from Russell I. and Robert A. Newberg, 1730 Paloma Drive, Newport Beach, for a Conditional Use Permit for a 30 -unit motel containing 14 standard units, 15 kitchen units, and a manager's unit, and a variance from covered parking requirements, located at 325 West Bay Street in a C2 zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from Norma and Francis Cheatham, owners of the Stone Villa Trailer Park, 333 West Bay Street, Costa Mesa, in favor of the -proposed project. A communication has also been received from Lloyd F. Shaver, President of Lloyd's Garden Shop, 2028 Newport Boulevard, Costa Mesa, urging Council to support the project. The Development Services Director summarized the concerns of the Planning Commission and Planning staff some of which are: the location of the property on Bay Street, rather than on a primary or major highway, may encourage long-term residential use; zero setback on the rear property line; and a 20 -foot wall adjacent to the mobile home park. Russell Newberg was present to answer questions from the Council and spoke in support of the proposed project. He stated that the motel would improve the neighborhood, and expressed his opinion that his project was the best use for the site. Mr. Newberg pointed out that the site was in a C2 zone, is surrounded by C2 uses, and that the mobile home park is also zoned C2. Responding to questions from Councilman McFarland, Mr. Newberg stated that there would be no problem with signage allowed for the area, and voiced his objection to Condition No. 1, "With the exception of the manager's unit, there shall be no kitchens or cooking facilities in any unit". He also asked that Condition No. 5 be clarified to indicate that if any of the three mature trees now on the site must be removed, that each shall be replaced with at least one tree of a minimum 48 -inch box -size under the direction of -the Planning Division. Mr. Newberg also responded -to a question from Councilman McFarland by confirming that he could meet the require- ments of Condition No. 10, "Site plan shall be modified as necessary to provide all required interior landscap- ing. Revised Plans shall be approved by the Planning Division". Mr. Newberg concluded by stating that he will not allow the property to become rundown and invited the Council Members to visit his present motel located on Newport Boulevard. Mayor Hall reported that he had received a phone call earlier in the day from Mary Davis expressing her opposition to the project. L 277 There being no other speakers, the Mayor closed the public hearing. MOTION Councilwoman Schafer made a motion adopting the Negative ZE-82-151 Declaration of Environmental Impact, approving ZE-82-151 Approved subject to all conditions except deleting Condition No. 1, and adding to Condition No. 5 that applicant meet with staff to resolve the matter of replacement of trees; and based on the following findings: (1) the property is zoned C2 and not residential and therefore a motel would be appropriate on this site; (2) the owners of the adjacent mobile home park have reviewed plans for the 30 -unit motel and favor construction; (3) the project meets minimum commercial development standards; (4) the subject property is located on a street which intersects a primary highway and is easily accessible; and (5) the Negative Declaration should be adopted because the project, with suggested mitigation measures, will not have a significant effect on the environment. Councilman McFarland expressed his opposition to the project because of the approval- of kitchen units which he feels will result in long-term tenancies. The motion to approve the application was seconded by Vice Mayor Johnson, and carried 3-2, Council Members Hertzog and McFarland voting no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-82-156 set for the public hearing to consider an appeal of the Davis/L.A. College Planning Commission denial of Zone Exception ZE-82-156 of Massage from Robert Davis, authorized agent for Los Angeles College of Massage and Physical Therapy, 2112 Harbor Boulevard, for a Conditional Use Permit to operate an adult entertainment business (massage parlor) with variances from parking and locational provisions, located at the above address in a Cl zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from Robert Davis, authorized agent, requesting that this item be continued to January 17, 1983. The Development Services Director recommended that the applicant be advised that this item will be heard on the date requested and action will be taken at that time. George Grove, Attorney at Law, 7080 Hollywood Boulevard, Los Angeles, stated he was present to convey Mr. Davis's apologies for not being able to appear this evening and that he would be prepared for the,hearing on January 17. MOTION A motion was made by Councilman McFarland, seconded by Held Over Vice Mayor Johnson, and carried 5-0, to continue the hearing to the meeting of January 17, 1983, and staff was directed to contact the appellant to inform him that no further continuances will be considered. PUBLIC HEARING The Clerk announced that this was the time and place Condemnation of set for the public hearing to consider a Resolution of Palm Mesa Center Necessity to condemn a portion of the Palm Mesa Center Property on 19th Auto Park property, approximately 5,640 square feet; Street Parcels 12 and 13 of the 19th Street Widening Project between Park and Fullerton Avenues; 111-145 East 19th Street. The property owner was notified of the hearing as required by law. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilman McFarland, seconded by Resolution 82-94 Vice Mayor Johnson,.to adopt Resolution 82-94, being A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS AN APPROXIMATELY 40 X 228 -FOOT PORTION OF THE PROPERTY LOCATED AT 111-145 EAST 19TH STREET AND KNOWN AS THE PALM -MESA CENTER AUTO PARK PROPERTY FOR THE WIDENING OF 19TH STREET BETWEEN PARK AND FULLERTON AVENUES, AUTHORIZING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, based on the following findings: (1) That public interest and necessity require the project in that the project is in accordance with the Master Plan of Streets and Highways as adopted by the City of Costa Mesa City Council and most recently revised November, 1979, and that the City has implemented the project in order to create an uncongested and fluid flow of traffic throughout the area; (2) That the City staff has reviewed several alter- nate plans for the widening of 19th Street and by virtue of adopting the subject alignment, the project is designed in a manner that requires the least amount of property taken and at the same time affects the least amount of property owners, thereby making this alignment the alternative that will be most compatible with the greatest good and the least private injury; and (3) That, as a consequence to and in conjunction with the aforementioned facts, the property is neces- sary for the proposed project and the acquisition is only for that portion of the Palm Mesa Center Auto Park property actually required for the fabrication of the 19th Street project. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented Zone Exception ZE-81-132A3, Malcolm ZE-82-132A3 Ross, authorized agent for South Coast Plaza, 3315 Ross/South Coast Fairview Road, Costa Mesa, for a Conditional Use Permit Plaza to allow application of reduced parking standards to retail baked goods area within a previously approved restaurant, located at 3300 Bristol Street in a TC zone. Environmental Determination: Environmental Impact Report accepted for Town Center. The Planning Commission and Planning staff recommended approval subject to two conditions. Malcolm Ross, representing the applicant, was present to answer questions from the Council and agreed to the conditions. MOTION On motion by Councilman McFarland, seconded by Council- ZE-81-132A3 woman Hertzog, and carried 5-0, the application was Approved approved based on the -Findings and analysis contained in the Staff Report and subject to conditions recom- mended by the Planning Commission. ORAL COMMUNICATIONS Sid Soffer, 900 Arbor Street, Costa Mesa, again dis- cussed the definitions of "alley" and "street". 7D Mr. Soffer also asked about the Redevelopment Agency Guidelines, and the City Attorney responded that it was not mandatory to follow the guidelines. COUNCILMANIC COMMENTS Councilman McFarland reported that in December, the Technical Advisory Committee (TAC) met and discussed Route 55 EIS modifications in the Environmental Impact Statement (EIS) for Route 55. He also stated that the Policy Advisory Committee (PAC) is considering scheduling a meeting during the latter part of January, 1983, to determine participation in the review process and the public hearings for the EIS. The EIS is now being reviewed by CALTRANS in Sacramento and the documents are expected to be released for cir- culation to the public by approximately February 1, 1983. The review period, which can be from 30 to 90 days, is to answer questions from the public and to clarify information contained in the EIS. Councilman McFarland suggested that the City request - a 90 -day review period, and during this time hold a public hearing so that Council can make recommendations prior to the CALTRANS public hearings which will be held in May or June, 1983. Councilwoman Schafer recommended that after Costa Mesa holds its public hearing, a joint meeting be scheduled with the City of Newport Beach to discuss the Council's proposed recommendations. The Council. concurred with that suggestion. Mass Transit Councilman McFarland asked that the Director of Public Alternatives Services report on the meeting they attended in Anaheim concerning mass transit alternatives for the fixed guideway, which includes the Santa Ana and north/south corridors. The Director of Public Services stated that the purpose of the meeting was to reach a decision on the alterna- tives for the mass transit which will be entered into the draft environmental document. The main concern of the City of Costa Mesa was that the South Coast Plaza segment be included in the Environmental Impact Report as either a high priority segment or at least included in the initial project. Staff's major concern was to, meet the minimum guidelines of the Urban Mass Transit Authority. The result of the vote was to include all nine segments in.the environmental document. Appointment,of Mayor Hall announced that he had received a call from Airport Land Mayor, pro Tem Evelyn Hart, City of Newport Beach, asking Use Commission if the City would like to appoint an alternate for her Alternate on the Airport Land Use Commission. The Mayor reported that Councilman McFarland has agreed to serve in this capacity, and expressed thanks to Councilman McFarland for accepting the appointment. Planning Mayor Hall referred to a memorandum dated December 13';. Commissioners 1982, concerning Planning Commission appointments. He= - Terms of Office reported that it has been suggested to him that Council ask for resignations of all commissioners and review their performances, which has been done in the past. The Mayor also stated that one of the commissioners will be resigning because of personal reasons. During discussion, Mayor Hall pointed out that terms of office for two commissioners will expire December 31, 1982, creating some difficulty in that there is not enough time to evaluate present commissioners, hold interviews, and make appointments prior to that date. Councilman McFarland recommended that terms of office for Planning Commissioners be changed from December 31 of even -numbered years to approximately March 1 of odd - numbered years so that the re -organized Council would have sufficient time to make these appointments. MOTION After considerable discussion, a motion was made by Terms of Office Vice Mayor Johnson to extend the terms of office for for Sloate and Planning Commissioners Mark Sloate and Clarence Clarke Clarke Extended to February 28, 1983. The motion was seconded by Councilwoman Schafer, and carried 5-0. McFarland Councilman McFarland left the chambers at this time and Leaves did not vote on the following two actions. MOTION Councilwoman Schafer made a motion to change the Expiration Date of expiration dates for Planning Commissioners terms of Commissioners office from December 31 of even -numbered years to Terms of Office February 28 of odd -numbered years. The motion was Changed seconded by Councilwoman Hertzog, and carried 4-0, Councilman McFarland absent. MOTION On motion by Councilwoman Schafer, seconded by Vice Commission Mayor Johnson, and carried 4-0, Councilman McFarland Resignations absent, Council requested resignations from all Requested Planning Commissioners to be effective February 28, 1983. McFarland Councilman McFarland returned to the Council Chanbers Returns at this time. The City Manager recommended.that applications for the Planning Commission be accepted until January 14, 1983, and suggested that this information be published in the local newspapers. MOTION A motion was made by Councilwoman Hertzog authorizing Publish the City Manager to take the necessary steps to pub - Information lish information concerning interviews for the Planning Concerning Commission. The motion was seconded by Vice Mayor Interviews Johnson, and carried 5-0. After brief discussion, it was determined that Mayor Hall would advise the present Planning Commissioners of the action taken by Council. ADJOURNMENT The Mayor declared the meeting -adjourned at 8:45 p.m. r ' ay-or_Af the City of Costa Mesa ATTEST: C' y Clerk of the City of Costa M a