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HomeMy WebLinkAbout01/17/1983 - City CouncilRDGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 17, 1983 The City Council of the City of Costa Mesa, met in regular session on January 17, 1983, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The, meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Chaplain William Robert Parry, Hoag Memorial Hospital Presbyterian. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Vice January 3, 1983 Mayor Johnson, and carried 5-0, the minutes of the regular meeting of January 3, 1983, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Johnson, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, all 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 COMMUNICATIONS On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, Resolution 83-2,.being A RESOLUTION OF Records THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE BUILDING SAFETY DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- MOTION NANCE NO. 75-60, was adopted by the following roll call Resolution 83-2 vote: Adopted 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 Claims have been received by the City Clerk from the following claimants: Dow Anthony Eichenlaub; and Kerry Lee Chester. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff Licenses from: Robert A. Chew, Incorporated, doing busi- ness as Rancho Market, 2402 Newport Boulevard; Gregory E. Howell, doing business as Newport Ice House and Speakeasy, 1700 Placentia Avenue; Anh Train and Hoang Ngoc Dang, doing business as Harbor Liquor, 1927 Harbor Boulevard, Suite B; and Albert and Pauline Venti, doing business as Off Newport Avenue Cafe, 103 Santa Isabel Avenue. Alcoholic Beverage License application from Le Troquet, 270 South Bristol Street, Suite 114, is being protested by the Planning Division because a parking variance is required. Alcoholic Beverage License application from Moraga Corporation, doing business as Moraga/ La Mesa Stations, 2360 Newport Boulevard, is being protested by the Planning Division because a Conditional Use Permit is required. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable High Hopes Purpose has been received from High Hopes Neurological Neurological Recovery Group, Incorporated, 661 Hamilton Street, Suite 300, Costa Mesa, by solicitation of funds, January MOTION 17 to September 19, 1983. On motion by Councilwoman Permit Approved Schafer, seconded by Vice Mayor Johnson, and carried for 90 Days 5-0, authorization was given to issue a permit from January 17 to April 17, 1983. REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Carol Nelson/Anderson Nelson and George Anderson was rejected. Disinger On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Rhonda Disinger was rejected. Richey On.motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Ruth Richey was rejected. Waterman on motion by Councilwoman -Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Nancy Waterman was rejected. R and W On motion by Councilwoman Schafer, seconded by Vice Development Mayor Johnson, and carried 5-0, the claim of R and W Development was rejected. Harbor Boulevard The Director of Public Services recommended release of Drainage System 50 percent of retention money to Fleming Engineering, Incorporated, 8281 Ccmmnwealth Avenue, Buena Park, in connection with the Harbor Boulevard Drainage System. A temporary work stoppage was necessary because of the MOTION holiday season. On motion by Councilwoman Schafer, Authorized Release seconded by Vice Mayor Johnson, authorization was of 50 Percent of given to release $15,724.34 of the retention funds. Retention Funds 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 Prohibition of The Traffic Commission has recommended prohibition of Parking on parking along both curbs of Pomona Avenue 150 feet Pomona Avenue north and 300 feet south of 19th Street to permit striping of left -turn lanes at the intersection. On MOTION motion by Councilwoman Schafer, seconded by Vice Mayor Resolution 83-3 Johnson, Resolution 83-3, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF POMONA.AVENUE, 150 FEET NORTH OF AND 300 FEET SOUTH OF 19TH STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended prohibition of Parking on Airway parking along the westerly curb of Airway Avenue for a Avenue distance of 95 feet between Paularino Avenue and Baker Corporation Street. Parking prohibition was requested by the MOTION Orange County Transit District for a bus stop. On Resolution 83-4 motion by Councilwoman Schafer, seconded by Vice Mayor Adopted Johnson, Resolution 83-4, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF AIRWAY AVENUE, was _ MOTION adopted by the following roll call vote: Extension AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended prohibition of Parking on Baker parking along the northerly curb of Baker Street east Street of Enterprise Street for a distance of 40 feet at an existing bus stop. On motion by Councilwoman Schafer, MOTION seconded by Vice Mayor Johnson, Resolution 83-5, being Resolution 83-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, -CALIFORNIA, PROHIBITING PARKING ON A PORTION OF BAKER STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended extending an Parking on Gisler existing 200 -foot parking prohibition along the Avenue northerly curb of Gisler Avenue, east of California Street at Tewinkle School for an additional distance of 80 feet. A:total of 280 feet are needed only when school is in'session to permit buses to line up along MOTION the curb. On motion by Councilwoman Schafer, seconded Resolution 83-6 by Vice Mayor Johnson, Resolution 83-6, being A RESO- Adopted LUTION OF THE CITY CONCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON THE NORTHERLY CURB OF GISLER AVENUE FOR A DISTANCE OF 280 FEET EASTERLY FROM THE CURB RETURN AT CALIFORNIA STREET FROM 7:00 A.M. TO 4:00 P.M. WEEKDAYS, was adopted by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Extension of The Purchasing Agent has requested authorization to Contract with continue the contractual agreement with Mainstem Mainstem Corporation, Post Office Box 2, Princeton, New Jersey, Corporation sole source vendor, for the furnishing of Equipment Maintenance Management System services. The extension Equipment is for the period of January 1 to December 31, 1983, Maintenance for an approximate monthly cost of $1,400.00 per month. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, the contract extension was approved by MOTION the following roll call vote: Extension AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - Software An agreement was presented, between the City and Soft- Support oftSupport Services ware Support Services, Incorporated, 20720 Ventura Boulevard, Suite 140, Woodland Hills. The agreement stipulates payment of $105,600.00 for data processing MOTION Technical and management assistance. On motion by Agreement Councilwoman Schafer, seconded by Vice Mayor Johnson, Approved the agreement was approved, and the City Manager and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment A motion was made by Councilwoman Schafer, seconded by No. 83-39 Vice Mayor Johnson, approving Budget Adjustment 83-39, Performing in the amount of $55,000.00, to provide an adequate Arts Center appropriation for plan -checking services for the Orange County Performing Arts Center. 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 OLD BUSINESS Planning Commissioners Terms of Office MOTION _ Ordinance 83-1 Adopted On motion by Councilman McFarland, seconded by Council- woman Schafer, Ordinance 83-1, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 13-3 OF THE COSTA MESA MUNICIPAL CODE RELATING TO TERMS OF PLANNING COMMISSIONERS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Fund Solicitation The Clerk presented from the meeting of December 20, by Children's 1982, Notice of Intention to Appeal or Solicit for Leukemia Research Charitable Purpose from Children's Leukemia Research Foundation, Incorporated, 140 South Harbor Boulevard, Santa Ana, by collection of reuseable household and personal items. Richard Janatsch and Attorney John Ohashi, representing the applicant, were present to answer questions from the Council. Councilman McFarland referred to the Foundations's Statement of Earnings for 10 months ending October 31, 1982, which indicates that of the total amount of the revenues collected, $91,769.65, only $6,688.92 or 7.3 percent was for the charitable purpose. Mr. Janatsch confirmed that the figures were correct. Councilwoman Hertzog asked questions concerning the receipts given to.persons donating to the Foundation. Mr. Janatsch responded that even though only a portion of the donation is given to the Foundation, the donor may take the entire amount as a tax deduction. In response to questions from Mayor Hall, Mr. Janatsch stated that Thrift World, collector of the reuseable items to be sold, and the Luekemia Foundation are housed in the samebuilding, however, the same principals are not involved in both organizations. Mayor Hall reported that at one time the City's Code stipulated that 85 percent of solicitation must be used for the charitable purpose, however, a Supreme Court decision now prohibits denial of an application based on percentage of revenues allocated to the char- itable use. Mayor Hall requested that the news media make the public aware of the small contribution the applicant is making to the charitable purpose. Councilwoman Hertzog requested that if the applicant again requests a solicitation permit, that they be required to submit an audited financial statement. MOTION On motion by Councilwoman Schafer, seconded by Council - Permit Approved woman Hertzog, and carried 4-1, Vice Mayor Johnson voting no, the request was approved for calendar year 1983. Sign Ordinance The Clerk presented a proposed ordinance, amending the Amendment Sign Ordinance regarding the amortization of nonconform- ing signs. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that the authorities contained in the City's Sign Ordinance, namely, Goverment Code Section 38774 and Business and Professions Code Section 5200, are incorrectly cited. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, requested that the entire Sign Ordinance be reviewed. Referring to the requirement that certain signs must be of specific colors, he contended that Council does not have authority to designate colors and therefore the Sign Ordinance is invalid. Mayor Hall suggested that Mr. Soffer and Mr. Odegaard submit written comments to the Development Services Director to be reviewed at the time this item comes before the Planning Commission. Councilman McFarland expressed his opposition to the proposed ordinance because he felt it would be unfair to most businesses in the City and benefit only a few. Council Members Schafer and Johnson stated it was their understanding that the intent of the Council was to refer the proposed amendment to the Planning Commission and to review it after their recommendations were received. The Development Services Director responded that the entire Sign Ordinance was reviewed by staff approxi- mately 18 months ago and several amendments had been made. Councilwoman Hertzog reiterated her concern over multi -tenant sign visibility. AMENDED MOTION Councilwoman Schafer amended her previous motion by Also Refer Multi- requesting that the Commission also review the multi - Tenant Signs to tenant sign portion of the Sign Ordinance. The amended Planning motion was seconded by Vice Mayor Johnson, and carried Commission 4-1, Councilman McFarland voting no. The Development Services Director gave an estimated time of April or May, 1983, when the Planning Commission would complete their review, and stated that if addi- tional time is required, he will advise the Council. Councilwoman-Hertzog expressed her opinion that since there would be changes on the Planning Commission that the entire ordinance should be reviewed by that body so that they are familiar with it. MOTION A motion was made by Councilwoman Schafer, seconded by Refer Proposed. Vice Mayor Johnson, to refer the proposed ordinance to Ordinance to a Planning Commission Study Session in March or at Planning their earliest convenience. This motion was amended Commission after further discussion. Councilwoman Hertzog disagreed with the motion in that it referred only to the amortization of nonconforming signs and she expressed her concern with the multi - tenant signs. Councilwoman Hertzog stated that staff was aware of the sections of the ordinance which are causing difficulty and those should be reviewed. The Development Services Director responded that the entire Sign Ordinance was reviewed by staff approxi- mately 18 months ago and several amendments had been made. Councilwoman Hertzog reiterated her concern over multi -tenant sign visibility. AMENDED MOTION Councilwoman Schafer amended her previous motion by Also Refer Multi- requesting that the Commission also review the multi - Tenant Signs to tenant sign portion of the Sign Ordinance. The amended Planning motion was seconded by Vice Mayor Johnson, and carried Commission 4-1, Councilman McFarland voting no. The Development Services Director gave an estimated time of April or May, 1983, when the Planning Commission would complete their review, and stated that if addi- tional time is required, he will advise the Council. MOTION Warrant 1202 Approved On motion by Councilman McFarland, seconded by Council- woman Hertzog, Warrant Resolution 1202, including Payroll 8227, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None CITY MANAGER The City Manager recam-ended that first reading be given REPORTS to a proposed Cable Communications Franchise Ordinance. He reported that the Legislature has enacted a number Cable Franchise of bills pertaining to cable television and many of Ordinance these became effectiveJanuary1, 1983. The new laws will be reviewed and included in the ordinance prior to second reading and adoption. Mayor Hall suggested change of wording on Page 9, third item: "One time -base corrector (TBC) shall be provided for all videotape players". MOTION On motion by Councilwoman Schafer, seconded by Vice Ordinance 83-2 Mayor Johnson, Ordinance 83-2, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING ORDINANCE NO. 72-35 AND ADOPTING ORDINANCE NO. 83-2 RELATING TO FRANCHISES FOR COMMUNITY ANTENNA TELE- VISION SYSTEMS, including the amendment by Mayor Hall, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Public Form The City Manager announced that the first public forum Scheduled for for input concerning cable communications within the Cable Television City is scheduled for Wednesday, January 19, 1983, at 6:30 p.m., at the Neighborhood Community Center, 1845 Park Avenue. He stated that a large attendance is anticipated and encouraged the newspapers to print this information and to have a representative attend the forum. Site Improvements The City Manager recommended that the contract for Site at Lions Park Improvements at Lions Park be awarded to the lowest responsible bidder. Bids received are on file in the MOTION Clerk's office. On motion by Councilwoman Schafer, Awarded to seconded by Councilman Johnson, the contract was Jolley Associates awarded to Jolley Associates, Incorporated, 3100 West Warner Avenue, Suite 8, Santa Ana, in the amount of $338,119.00, and the Mayor and Clerk were authorized to sign the contract on behalf of the City. The motion carried by the following roll call vote: .AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing, continued from the meeting of December 20, 1982, to consider an appeal Appeal of ZE-82-156 of the Planning Commission denial of Zone Exception Davis/Los Angeles ZE-82-156 from Robert Davis, authorized agent for Los College of Massage Angeles College of Massage and Physical Therapy, 2112 Harbor Boulevard, Costa Mesa, for a Conditional Use Permit to operate an adult entertainment business (massage parlor) with variances from parking and loca- tional provisions, located at the above address in a Cl zone. Environmental Determination: Exempt. A canmunication has been received from Charles L. McLaughlin, OMK Associates, 3 Vienna, Newport Beach, owner of property in the area, in opposition to the request. A communication in opposition to the permit has been received from Woodrow Lewis, Woodco Investment Company, 3400 Irvine Avenue, Suite No. 117, Newport Beach. A letter frau Charles A. Schwan, 1221 Berkshire Lane, Newport Beach, owner of a 14 -unit apartment complex at 423 West Bay Street and a 10 -unit apartment complex at 383 West Bay Street, indicated his opposition to adult entertainment in the area. Mr. and Mrs. Walter Stewart, Post Office Box 1972, Palm Springs, owners of property in the area, also submitted a letter opposing the request. The Development Services Director summarized the Plan- ning staff memorandum dated January 12, 1983. Within the appellant's appeal application it states that sub- ject property should be exempted and/or approved in that it has been continuously leased by the appellant under the sane lease for the approximate same purpose for the past nine plus years. According to City records, a business license was in effect between 1973 and 1979 for a chiropractor's office. No business licenses have been issued for "masseuses", "masseurs", or a "massage parlor" inasmuch as approval of a Condi- tional Use Permit was and remains a requirement for these uses. In 1980, Zone Exception ZE-80-119, for a massage parlor/health spa was, denied by the City Council. Regarding parking, the Development Services Director reported that 16 spaces are required for the use and five legal spaces can be provided on the site. The appellant has advised the City that he recently entered into a lease for five additional parking spaces adjacent to the premises, however, the owner of that property, Hub Auto Supply, has stated that the lease is month-to- month. The five off-site spaces would bring total available parking to 10 spaces, which is six spaces less than required by Code. The Director further stated that in connection with a variance from locational provisions, the adult enter- tainment ordinance specifies that adult entertainment businesses may not be located within 500 feet of any area zoned for residential use. Residential properties are located within 60 feet of subject property. He also mentioned that an advertisement by the appellant indicates that the business is open 24 hours a day and this would be detrimental to the neighborhood when located close to residences. Robert Davis, the appellant, was present to speak in support of the request. He contended that a business license has been in effect since 1973 although the chiropractic office has closed and the present use has been in operation. He further stated that the City has insisted that a business license is required for the massage parlor but he has not been able to have a license approved because the City also requires a Con- ditional Use Permit. Mr. Davis reminded Council that when he last applied for a Conditional Use Permit in 1980, the request was denied. Mr. Davis referred to the parking spaces required by the City and voiced his opinion that six spaces are sufficient for the total footage of the building. He added that no parking problems exist at subject site. Mr. Davis stated that citizens within 500 feet of the establishment have not objected to the massage parlor. Councilman McFarland responded that a communication had been received from Charles Schwan, owner of apartment: units in the neighborhood, opposing adult entertainment in the area. In response to Mayor Hall's inquiry, Mr. Davis stated that he would not agree to all conditions, for example, hours of operation. Referring to a recent advertisement in the Hollywood Press, Councilwoman Hertzog asked Mr. Davis to clarify the statement that 18 roans were contained in the sub- ject building (although only six are shown on the diagram). He responded that the diagram was probably correct. Councilwoman Hertzog also asked about the buffet which is advertised and Mr. Davis responded that to his knowledge a buffet had never been served at subject site. In response to questions frau Council Members Schafer and Johnson, Mr. Davis stated that five employees are at the site at any given time and that no alcoholic beverages are served. Councilman McFarland asked about problems with prosti- tution at the subject location, and Mr. Davis's reply was that prostituion charges were either dismissed or are pending trial. He also stated that he is willing to change the advertisements although this would be contrary to the first amendment. Councilman McFarland responded that it was.not his intention to tell Mr. Davis how to advertise. In reference to a statement made earlier by Mr. Davis that he would not agree to all conditions, Mayor Hall requested that Mr. Davis specify the conditions to which he objected if his request is approved. Mr. Davis disagreed with the following conditions: No. 1, "No more than three employees and two customers shall be on the site at any time. (The purpose of this condition is to limit the total number of employees and customers to that which can be acca oodated by the available park- ing.) To facilitate compliance with this condition, all customers shall be scheduled "by appointment only"; and No. 2, "Hours of operation shall be limited to 9:00 a.m. to 8:00 p.m., Monday through Saturday". Mr. Davis again mentioned the parking requirements. He stated he would properly stripe the lot and reported that his lease with Hub Auto Supply, which canmenced in November 1982, was for a period of six months. There being no other speakers, the Mayor closed the public hearing. - MOTION A motion was made by Councilwoman Schafer to uphold the Permit Denied Planning Commission's denial of the zone exception based on the information contained in the Staff Report, the communication from Charles Schwan in opposition to an adult entertainment business in the area, advertisements placed in the Hollywood Press by the appellant, and the the appellant's statement that he would not comply with Conditions No. 1 and No. 2 if the request were approved. The motion was seconded by Councilwoman Hertzog, and carried 5-0. Recess Mayor Hall declared a recess at 8:20 p.m., and the meet- ing eeting reconvened at 8:30 p.m. PUBLIC HEARING The Clerk announced that this was the time and place set to consider an appeal of the Planning Commission Appeal of ZE-81-06A decision for Zone Exception ZE-81-06A, from Stevan R. Calvillo/Graziadio Calvillo, 695 Town Center Drive, Suite 301, Costa Mesa, authorized agent for George L. Graziadio, et al, 9920 La Cienega Boulevard, Suite 1401, Inglewood, for inter- pretation of a mutual easement agreement as satisfying a condition of approval relating to off-site parking for an office building located at 1520 Nutmeg Place in a Cl zone. Environmental Determination: Negative Declaration adopted for Zone Exception ZE-81-06.• The Affidavit of Mailing is on file in the Clerk's office. A cammunication has been received frau the appellant's representative, Attorney Timothy L. Newlove, 695 Town Center Drive, Suite 301, Costa Mesa, stating that preparation for the public hearing had not been com- pleted and a possibility existed that a continuance would be requested. Mr. Newlove was present and stated that more time was needed.for preparation. MOTION A motion was made by Councilman McFarland, seconded by Held Over Councilwoman Schafer, and carried 5-0, to continue the public hearing' to February 7, 1983. PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing to consider a proposed Amending Planned ordinance amending the regulations concerning Planned Development Developments within the City of Costa Mesa. The Affi- Regulations davit of Publication is on file in the Clerk's office. Environmental Determination: Negative Declaration. No communications have been received. The Development Services Director referred to staff's memorandum dated January 13, 1983, and explained that the proposed ordinance was drafted for two reasons: first, to reduce ambiguities and to clarify inconsis- tencies within the existing Planned Development Ordinance; and, secondly, to respond to comments and questions raised by the prospective developers of the residential component of the Sakioka Farms property. He also reported that prior to the Planning Commission hearings, copies of the draft ordinance were forwarded to Baywood Development Group, 500 Newport Center Drive, Suite 600, Newport Beach;.Transpacific Development Company, Union Bank Tower, 21515 Hawthorne Boulevard, Torrance; and C. J. Segerstron and Sons, 3315 Fairview Road, Costa Mesa, and responses have been received from the three developers. Bill Watt of Baywood Development Group concurred with the ordinance changes even though all their suggested amendments were not incorporated. Mr. Watt referred to the response from C. J. Segerstrom and Sons which suggested that landscaped roofs and decks be included as part of the required open space in PDR -UC projects. Mr. Watt agreed with staff's recanmendation that this type of landscaping be considered on a project -by" project rojectby- project basis as a variance request. Mayor Hall commented that possibly the rooftop land- scaping could be reviewed prior to second reading to the ordinance. There being no other speakers, the Mayor closed the public hearing. 1 2912 MOTION On motion by Councilman McFarland, seconded by Vice Ordinance 83-3 Mayor Johnson, the Negative Declaration of Environ - First Reading mental Impact was adopted, and Ordinance 83-3, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE REGULATIONS CONCERNING PLANNED DEVELOPMENTS WITHIN THE CITY OF COSTA MESA, was given first reading and passed to second reading by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: Hall ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-82-12, R-82-12 Costa Mesa City Council, to rezone properties located at 2019 and 2025 Wallace Avenue from R3 to R2. Environ- mental Determination: Negative Declaration adopted for Rezone Petition A-81-04. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reported that a 16 -unit condominium project which was approved for the subject location has been abandoned. Approximately 19 months have passed since the site was rezoned and the condominium project was approved. The approval granted by the Zone Exception permit has expired and building permits have not been obtained. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman'Schafer, seconded by Council - Ordinance 83-4 woman Hertzog, Ordinance 83-4, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 15 AND 16 IN BLACK "B" OF TRACT NO. 612 FROM R3 TO R2, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Assistant City Manager referred to reports submitted Civic Playhouse to the Council at their Study Session of January 10, 1983, regarding the potential relocation of the Costa Mesa Civic Playhouse. He recommended that staff be directed to secure proposals for the necessary archi- tectural design for the Rea Community Center site. This would enable staff to have a firm cost estimate for bud- get purposes. In response to questions from Councilman McFarland, the Assistant City Manager stated that the estimated cost to renovate a portion of Rea Community Center for the Civic Playhouse is $125,000.00, and the cost for architectural design is approximately $10,000.00 to $15,000.00. Council Members McFarland, Schafer, and Johnson voiced their concerns in regard to making a commitment prior to receiving more specific information from the patron organization -as to its intention to increase support of the theatre. Councilman McFarland also questioned the feasibility of expending this amount of money at a leased facility. Councilwoman Hertzog stated that the document dated October 15, 1982, "Plan toward Self -Support", submitted by interested citizens of community theatre, detailed the goals of the organization, however, if the informa- tion was not sufficient, then Council should ask more specific questions. As to making improvements at a leased facility, Councilwoman Hertzog stated she was confident that the lease would be extended beyond the present 5 -year term., Councilwoman Schafer expressed her desire to evaluate the goals of the playhouse and to have further discus- sion with the patron organization and the City Manager. Mayor Hall stated that there would be very little cost involved in securing proposals for the architectural design, suggesting that staff be authorized to proceed with obtaining proposals and that Council inform the patrons that further information is required regarding their plans. MOTION Councilwoman Hertzog made a motion as stated by the Proposals Mayor. The motion was seconded by Councilman McFarland, Authorized and carried 5-0. ORAL Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, COMMUNICATIONS expressed agreement with relocation of the Civic Playhouse, however, he felt that there were other Traffic Safety improvements needed in the City which should be con- sidered. Mr. Odegaard mentioned that the safety of citizens and alleviation of traffic congestion should have first priority, such as, intersections along Newport Boulevard (Route 55). Sign Ordinance Sid Soffer, 900 Arbor Street, Costa Mesa, reiterated his remarks made earlier in the meeting concerning the City's Sign Ordinance and read sections from the Business and Professions Code. Mr. Soffer questioned the authority of the Council relating to subject ordi- nance. Street Sweeping Bob Langenfeld, 989 Arbor Street, Costa Mesa, submitted Petition a petition containing 39 signatures of residents on Arbor Street or homes boardering Arbor Street, from Monrovia Avenue to the Santa Ana River Canyon, request- ing that parking on Arbor Street be prohibited during normal street sweeping hours. The petition further states that these restrictions should be posted as required by City law and that the parking prohibition should not exceed a four-hour period once a week. Referred to Mayor Hall advised Mr. Langenfeld that the petition Traffic would be forwarded to the Traffic Commission for their Commission recommendation to the City Council. COUNCILMANIC Vice Mayor Johnson asked the status of removing the COMMENTS water well at Fuchsia Street and Sunflower Avenue. The Director of Public Services responded that staff Water Well has encountered some difficulties, however, a report Removal will be forthcoming shortly. Santa Ana Mayor Hall announced that workshops are being held Transportation regarding the Santa Ana Transportation Corridor on the Corridor following dates and locations: February 15, Garden Grove Community Center, 7:00 to 9:00 p.m.; February 16, Irvine, 7:30 p.m. to 9:30 p.m.; February 23, Anaheim, 7:00 p.m. to 8:45 p.m.; and February 28, Santa Ana, 7:00 p.m. to 9:00 p.m. The Director of Public Services suggested that a member of Council attend one of the workshops. Applications for Mayor Hall announced that seven new applications have Planning Commission been received for the Planning CaM ission, and four present Commissioners have submitted applications. ADJOURNMENT The Mayor declared the at.9:15 p.m. ATTEST Ci =Clerk of the City of Costa esa 1 to Mesa