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HomeMy WebLinkAbout04/04/1983 - City CouncilQ As REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 4, 1983 The City Council of the City of Costa Mesa, met in regular session on April 4, 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 the Reverend Carl Omaye, Orange Coast Free Methodist Church. 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 Council - March 21, 1983 woman Hertzog, and carried 5-0, the minutes of the regular meeting of March 21, 1983, 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 ordinances by title only. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 17, Wallace Neighborhood Strategy Area housing sites. On motion by Councilwoman Schafer, seconded by Council- man McFarland, 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 COMMUNICATIONS On motion by Councilwoman Schafer, seconded by Council- man McFarland, and carried 5-0, a petition containing 55 MOTION signatures of residents in the area of 21st Street and Storm Drain Survey Westminster Avenue, requesting that the City conduct a Petition Referred survey to determine the adequacy of the storm drain in to City Engineer that vicinity, was referred to the City Engineer. READING FOLDER On motion by Councilwoman Schafer, seconded by Council- man McFarland, 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 persons: Jack Britton; Attorney John R. Cogorno on behalf of Teresa Rose Cruser; James H. and Yolanda Dick; John L. Fellows, Jr.; Attorney Stuart L. Grant on behalf of Michael Edward McCormick; Attorney Steven R. Kuhn on behalf of Charlie Segura; Neben and Starret Law Office on behalf of Robert W. Thoma; and Attorney Jon J. Visel on behalf of Debra Kay Walters. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff Licenses from: L'Etranger, Incorporated, doing business as Gemmell's, 3000 Bristol Street; Dorothy L. Melton, doing business as Marina Liquor, 895 West 19th Street; Marcel Micallef, doing business at 130 East 17th Street; Son-Vay Corporation, doing business as Hi -Time Too, 2602 Newport Boulevard; and Mary T. and Peter B. Troup, doing business at 1599 Superior Avenue, Suite A5. Public Utilities Communication from the Public Utilities Comtis- Commission sion, advising that Application No. 83-03-036 has been filed by Southern California Edison Company, for authority to modify its energy cost adjustment clause to decrease its energy cost adjustment billing factors and to increase its annual energy rate for various projects. Notice from the Public Utilities Commission of a Prehearing Conference concerning the following applications: Application No. 82-12-02, Southern California Gas Company and Pacific Lighting Gas Supply Company; Application No. 82-12-04, Pacific Gas and Electric Company; Application No. 57626, Western LNG Terminal Associates; and Application No. 57792, Pacific Gas and Electric Company and Pacific Lighting Service Company. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable VFW Purpose has been received from Veterans of Foreign Wars, Coastline Post 3536, 565 West 18th Street, Costa Mesa, MOTION by sale of "Buddy Poppies" on May 27 and 28, 1983. On Permit Approved motion by Councilwoman Schafer, seconded by Councilman McFarland, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234J. United Scottish Notice of Intention to Appeal or Solicit for Charitable Society Purpose has been received from United Scottish Society, 2317 Robinhood P1ace,'Orange, by holding a cultural MOTION event and festival at the Fairgrounds on May 28 and 29, Permit Approved 1983. On motion by Councilwoman Schafer, seconded by Councilman McFarland, and carried 5-0, the permit was approved with application of Municipal Code Section 9-2341 and subject to one condition recommended by the Revenue Division. SET FOR PUBLIC HEARING On motion by Councilwoman Schafer, seconded by Council- man McFarland, and carried 5-0, the following items were set for public hearing on April 18, 1983, at 6:30 p.m., in the Council Chambers of City Hall: Underground Utility Formation of Underground Utility District No. 15, District No. 15 Sunflower Avenue from 230 feet east of Fuchsia Sunflower Avenue Street to Flower Street. Underground Utility Formation of Underground Utility District No. 16, District No. 16 Park Avenue from 18th Street to 19th Street. Park Avenue Rezone Petition R-83-04, Port Mesa, Incorporated R-83-04 2570 Newport Boulevard, Costa Mesa, for permis- Port Mesa sion to change the zoning from R2 to CL for a 0.4 -acre parcel, currently utilized as a parking area for an existing convalescent hospital, located at the above address. Environmental Determination: Negative Declaration. REJECTED CLAIM On motion by Councilwoman Schafer, seconded by Council - Watkins man McFarland, and carried 5-0, the claim of Tim Watkins was rejected. ADMINISTRATIVE ACTIONS The Director of Public Services has requested authori- zation to release part of the retention money, in the Harbor Drainage amount of $651.79, which was withheld on change orders Final Map for The Final Map and a Subdivision Agreement were presented Tract 11435 - for Tract 11435, Western Real Estate Financial, Incor- Western Real porated, 567 San Nicolas Drive, Suite 103, Newport Beach; Estate Financial one lot plus Lots A and B, 0.88 -acre, located at 345-351 Avocado Street, for condominium purposes. On motion by Councilwoman Schafer, seconded by Councilman McFarland, MOTION the map and agreement were approved; the Council did Map and Agreement accept on behalf of the City of Costa Mesa the ingress/ Approved egress easement for emergency and security vehicles as dedicated; did also approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign subject map 1 to the contract with Fleming Engineering, Incorporated, 8281 Commonwealth Avenue, Buena Park, in connection with MOTION the Harbor Boulevard Drainage System. On motion by Partial Release Councilwoman Schafer, seconded by Councilman McFarland, Authorized authorization was given to release the recommended amount of retention funds by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Orange County An agreement was presented, between the City of Costa Equipment Sharing Mesa and other Orange County cities, whereby the wide Agreement variety of equipment which various cities own may be utilized by any or all of the participating agencies. The agreement will allow for a higher utilization of equipment as well as provide convenient services at a MOTION low cost. On motion by Councilwoman Schafer, seconded Agreement by Councilman McFarland, and carried, the agreement was Approved approved, and the Mayor 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 Agreement - Psomas An agreement was presented, between the City of Costa and Associates Mesa and Psomas and Associates, 150-A Paularino Avenue, Costa Mesa, for design services to widen the north side Design of of Sunflower Avenue from Stevens Avenue to 300 feet east Sunflower Avenue of Flower Street, including the extension of adjacent Orange County Flood Control District Channels FO1 and MOTION F02. The agreement stipulates payment by the City of Agreement $26,331.00. On motion by Councilwoman Schafer, seconded Approved by Councilman McFarland, the agreement was approved, and the Mayor 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 Agreement - Emmons An agreement was presented, between the City of Costa Mesa and Lucille C. Emmons, 328 West 15th Street, 17th Street Escondido. The agreement stipulates a trade of surplus Alignment City land containing 194.22 square feet for acquisition of a parcel containing 116.71 square feet in connection MOTION with the 17th Street alignment. On motion by Council - Agreement woman Schafer, seconded by Councilman McFarland, the Approved agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map and a Subdivision Agreement were presented Tract 11435 - for Tract 11435, Western Real Estate Financial, Incor- Western Real porated, 567 San Nicolas Drive, Suite 103, Newport Beach; Estate Financial one lot plus Lots A and B, 0.88 -acre, located at 345-351 Avocado Street, for condominium purposes. On motion by Councilwoman Schafer, seconded by Councilman McFarland, MOTION the map and agreement were approved; the Council did Map and Agreement accept on behalf of the City of Costa Mesa the ingress/ Approved egress easement for emergency and security vehicles as dedicated; did also approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign subject map 1 and the Mayor and Clerk were authorized to execute 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 Final Map for The Final Map and a Subdivision Agreement were presented Tract 11606 - for Tract 11606, Knowleton Corporation, 720 Bennett Knowleton Street, Long Beach; one lot, 0.90 -acre, located at 810 Awarded to Baker Street, for condominium purposes. On motion by MOTION Councilwoman Schafer, seconded by Councilman McFarland, Map and Agreement the map and agreement were approved; the Council did .Approved accept on behalf of the public the dedication of Baker Street for street purposes; did also accept on behalf of the City of Costa Mesa: (1) the ingress/egress easement for emergency vehicle purposes over Lot 1 as dedicated; Agreement Renewal (2) the easement for public utility purposes as dedi- with Sampson cated; and (3) all vehicular access rights to Baker and Randolph Streets as released and relinquished; did also approve subject map pursuant to the provisions of;Sec- tion 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign the map and the Mayor and Clerk were authorized to execute 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 Alignment Study Proposals received for Alignment Study for Victoria for Victoria Street from Harbor Boulevard to Canyon Road are on file Street in the Transportation Services Department. On motion by Councilwoman Schafer, seconded by Councilman McFar- MOTION land, the contract was awarded to Mohle Perry and Awarded to Associates, 901 East Imperial Highway, La Habra, in the Mohle Perry amount of $29,000.00. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 582 Bids received for Bid Item 582, Fertilizer, are on file Fertilizer in the Clerk's office. On motion by Councilwoman Schafer, seconded by Councilman McFarland, the contract MOTION was awarded to 0. M. Scott and Sons, 14111 Scottslawn Awarded to Road, Marysville, Ohio, in the amount of $12,385.31. 0. M. Scott 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 Removal of Fountain Bids received for Removal of Fountain at the Costa Mesa at Civic Center Civic Center are on file in the Clerk's office. On motion by Councilwoman Schafer, seconded by Councilman MOTION McFarland, the contract was awarded to Challenge Engi- Awarded to neering, Incorporated, 4761 Lincoln Avenue, Cypress, in Challenge the amount of $18,575.00. The motion carried by the Engineering following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement Renewal The City Manager has recommended authorization to renew with Sampson the consulting services agreement with Ken Sampson, 2521 Bayshore Drive, Newport Beach, in the amount of $500.00 Mesa -Newport per month, in connection with the Mesa -Newport Marina. Marina The scope, depth, and retainer are to remain the same as in the previous agreement, however, the new agreement MOTION will be for one year, ending February 28, 1984. On Agreement motion by Councilwoman Schafer, seconded by Councilman Approved McFarland, the agreement was approved, and the Mayor and Clerk were authorized to sign 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 Concept Plans Concept Plans, for upgrading street improvements in for 19th Street connection with the 19th Street widening were presented. The plans, which were submitted to the Council at their Study Session of February 14, 1983, include median land- scaping, special sidewalk and intersection treatment, and the use of Spanish style theme lighting fixtures for sidewalk, street, and signal lights. If the plans MOTION are approved, design work will proceed. On motion by Plans Approved Councilwoman Schafer, seconded by Councilman McFarland, and carried 5-0, the plans were approved. Santa Ana River Main Stem Plan MOTION Resolution 83-22 Adopted Weed Abatement MOTION Resolution 83-14-A Adopted Wallace NSA Housing Sites MOTION Agreement with Costa Mesa Family Village Approved On motion by Councilwoman Schafer, seconded by Council- man McFarland, Resolution 83-22, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, IN SUPPORT OF THE, SANTA ANA RIVER MAIN STEM ALL RIVER PLAN, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilwoman Schafer, seconded by Council- man McFarland, Resolution 83-14-A, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, SUPPLEMENTING RESOLUTION NO. 83-14 CONCERNING THE ABATEMENT OF RUBBISH AND WEED NUISANCES, adding the street addresses to the description of the parcels, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Item 17 on the Consent Calendar was presented, Wallace Neighborhood -Strategy Area (NSA) housing sites. Councilwoman Hertzog commented that since the proposed developers have done excellent work in the past, she was in favor of approving a negotiation agreement for development of the proposed multi -family rental housing project. At the request of Councilman McFarland, the Redevelop- ment Agency Director summarized her memorandum dated March 15, 1983, which also contains recommendations for development of the housing sites. Robert Coles, member of the partnership known as Costa Mesa Family Village, gave a slide presentation of the proposed project. A motion was made,by Councilman McFarland, seconded by Councilwoman Schafer, authorizing execution of a nego- tiation agreement with Costa Mesa Family Village, a limited partnership, for development of a multi -family rental housing project on sites outlined in Exhibit "A" of the agreement, and authorizing the Mayor to sign 1 F� 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 MOTION On motion by Councilwoman Schafer, seconded by Council - Agreement with woman Hertzog, authorization was given to execute a Orange County cooperation agreement with the County of Orange pro - Approved viding for possible City participation in a tax exempt mortgage revenue bond financing program limited to development on sites outlined in Exhibit "A' of the agreement, contingent upon City approval of a specific development proposal, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: Hall ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilman McFarland, seconded by Vice Agreement with Mayor Johnson, authorization was given to execute an Caine Gressel amendment to the contract with the firm of Caine Midgely Slater Gressel Midgely Slater, adding Housing and Community Development Act (HCFA) funds not to exceed $10,000.00, for financial analysis on an hourly basis in connection with the negotiation of a development agreement for multi -family rental housing and a review of mortgage revenue bond financing alternatives, and the Mayor and o Clerk were authorized to sign 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 MOTION On motion by Councilman McFarland, seconded by Council - Staff Directed woman Hertzog, and carried 5-0, the Planning staff was to Initiate a directed to initiate a rezone of the Wallace NSA housing Rezone to R3 sites, located at 2015-19 Pomona Avenue, 755-71 West 20th Street, and 1924-32 Wallace Avenue, to R3. The rezone is in keeping with Specific Plan SP -79-01, adopted by Council on August 20, 1979. OLD BUSINESS On motion by Councilman McFarland, seconded by Council - R -83-01 woman Hertzog, Ordinance 83-7, being AN ORDINANCE OF Royale/Sakioka THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF THAT PORTION OF SECTION 36, MOTION TOWNSHIP 5 SOUTH, RANGE 10 WEST, FROM PDR -HD TO PDR -UC, Ordinance 83-7 in connection with Rezone Petition R-83-01, Royale/ Adopted Sakioka, 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 ZE-80-168A The Clerk presented Zone Exception ZE-80-168A, McLain McLain/Segerstrom Development Company, 4 Corporate Plaza, Newport Beach, authorized agent for Nellie Ruth Segerstrom, 3315 Fair- view Road, Costa Mesa, for extension of a previously - approved Conditional Use Permit and Final Development Plan for a 244 -unit condominium development on 11.34 acres of vacant land north of the San Diego Freeway and east of Fairview Road. MOTION On motion by Councilwoman Schafer, seconded by Council - Extension man McFarland, and carried 5-0, the permit was extended Granted tri, September 16, 1983. ZE-80-178 The Clerk presented Zone Exception ZE-80-178, Malcolm South Coast C. Ross, authorized agent for South Coast Plaza, 3315 Plaza Fairview Road, Costa Mesa, for an extension of time for a previously -approved Conditional Use Permit to allow a 15 -story building with off-site parking, and a variance from parking requirements, and amendment to the master plan for South Coast Plaza, located at 3333 Bristol Street in a C1 -S zone. MOTION On motion by Councilman McFarland, seconded by Council - Extension woman Schafer, and carried 5-0, the permit was extended Granted to September 16, 1983. Visitor and The Clerk presented a request for financial contribu- Travel Bureau tions to support the Visitor and Travel Bureau. Kenneth Fowler, President of the Costa Mesa Chamber of Commerce, referred to a report submitted to the Council which was compiled over the past two years. The report supports the formation of a Visitor and Tourist Bureau for the City of Costa Mesa. Mr. Fowler stated that having a visitor bureau to promote the City of Costa Mesa will bring new businesses to the community. A tentative budget, in the amount of $90,000.00 per year, proposes a contribution by the City of $60,000.00 and the balance of $30,000.00 to be obtained from the Chamber of Commerce, $12,500.00; Bureau memberships, $12,500.00; and patron pledges, $5,000.00. The report also contains the following sections: Market Analysis, Bureau Goals and Objectives, Board of Direc- tors, Job Description for Bureau Coordinator, Theme Development, Media Advertising, Visitor Profile High- lights, Economic Impact of Travel in the cities of Los Angeles and Anaheim, New Market Segments, and Goals in Summary. Jerry Wofford, General Manager of Holiday Inn/Bristol Street, 3131 Bristol Street, Costa Mesa, spoke about the three-year plan for the proposed bureau and stated that an increase of only two percent in hotel/motel occupancy will significantly increase the City's revenues. Mr. Wofford expressed his desire that the Council vote unanimously in favor of establishing the bureau. Robert Haas, Manager of the Westin South Coast Plaza Hotel, 666 Anton Boulevard, Costa Mesa, highlighted the desired qualifications for the Bureau Coordinator and suggested various promotional activities. Gale Heffner, President of the South Coast Plaza Merchants Association, and Peggy Reinert, President of Costa Mesa Tomorrow, 1816 Newport Boulevard, Costa Mesa, expressed support of the proposed bureau. Werner Escher, Marketing Director for C. J. Segerstrom and Sons, and Executive Secretary of the South Coast Plaza Merchants Association, stated that South Coast Plaza has become the No. 1 tourist attraction of those visiting the Anaheim Convention Center. He also com- mented that shopping is now considered entertainment. Mr. Escher emphasized the importance of a promotional program to bring more visitors to the City. Carol Haywood, assistant to the Executive Director of the Orange County Performing Arts Center, and Doctor Bernard Luskin, President of Orange Coast College, also spoke in support of the Visitor and Travel Bureau. r p!f j +335 Councilman McFarland asked if consideration had been given to forming a visitor bureau with the cities of Newport Beach and Irvine. Kenneth Fowler responded that Newport Beach already has such a bureau and the president of the Irvine Chamber of Commerce stated that he would investigate that possibility. Councilman McFarland questioned the need for a budget of $90,000.00 for the City of Costa Mesa, having one large hotel, when the City of Newport Beach, which has two large hotels, has a budget of only $5,000.00. Mr. Fowler responded that the proposed bureau is for the purpose of bringing the City of Costa Mesa to the forefront and that is not the intention of the City of Newport Beach Visitor Bureau. In response to Councilman McFarland's question, Robert Haas stated that $300,000.00 is spent annually by the Westin South Coast Plaza Hotel for advertising. Coun- cilman McFarland commented that if $300,000.00 was not enough to identify the City,of Costa Mesa, then the bureau's budget of only $90,000.00 would not be sufficient. Vice Mayor Johnson complimented those people who had compiled the report to obtain recognition for the City of Costa Mesa. Referring to the request for an annual contribution of $60,000.00 from the City for a period of three years, Mayor Hall asked about future contributions. Mr. Fowler responded that after three years, the bureau will be self-supporting. Councilwoman Hertzog stated that the City has already created an outstanding image in the County and that she -was not convinced that the proposed bureau will meet the needs of the community at this time. Council- woman Hertzog expressed her opposition to spending $180,000.00 of taxpayers' money for this project. Councilwoman Schafer voiced her support of the proposal, and stated that this proposal was an opportunity for the City to lend assistance to the business community. Councilman McFarland expressed appreciation for the efforts of the Chamber of Commerce, however, he felt that $90,000.00 was too small an amount to produce the results the Chamber is seeking. He also stated that the business community should contribute the greater portion of the total instead of the City contributing two-thirds as has been requested. Mayor Hall commented on an earlier statement that an increase of only two percent in hotel occupancies will be a sufficient increase in revenues to recompense the City for its investment. Mayor Hall suggested that the the City and the business community contribute funds in an equal amount. He also recommended that the City make a commitment on a year-to-year basis. Kenneth Fowler responded that he would want to discuss Mayor Hall's suggestion with the other persons who formulated the bureau proposal. Mr. Fowler also informed the Council that it would be difficult to employ a Bureau Coordinator with a one-year constraint. Councilman McFarland stated that he was not against City promotion but the method of promoting. He questioned the use of public funds for a proposal that may not be effective. Councilwoman Hertzog commented that the Chamber of Commerce has done an excellent promotional job, however, the City also has done extremely well promoting the City. Councilwoman Hertzog further stated that she is not convinced that the City of Costa Mesa does not have identity. MOTION A motion was made by Councilwoman Schafer, seconded Contribution by Vice Mayor Johnson, to approve the request for by City formation of a Visitor and Travel Bureau with the Approved City's contribution to be $60,000.00 per year for a three-year period. The City Manager asked that the motion also include direction to the City Attorney to draw up a nonprofit corporation agreement so that the contribution will go to that corporation and not to the Chamber of Commerce. Councilwoman Schafer amended her motion by including the City Manager's recommendation. The amended motion was seconded by Vice Mayor Johnson. After further discussion regarding the terns to be included in the nonprofit corporation agreement, Councilwoman Schafer again amended her motion to include the stipulation that after the agreement has been completed, it is to be brought back to Council for approval. The amended motion was seconded by Vice Mayor Johnson, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Schafer NOES: COUNCIL MEMBERS: Hertzog, McFarland ABSENT: COUNCIL MEMBERS: None RECESS Mayor Hall declared a recess at 8:15 p.m., and the meet- ing reconvened at 8:20 p.m. Visitor and Travel Mayor Hall announced the appointments of Council Members Bureau Appointments McFarland and Johnson to the Visitor and Travel Bureau. W�GRANTS On motion by Councilman. McFarland, seconded by Vice Mayor Johnson, Warrant Resolution 1209, including MOTION Payroll 8306, was approved by the following roll call Warrant 1209 vote: Approved AYES: COUNCIL MEMBERS: Hall, Schafer, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Councilman McFarland, seconded by Council- woman Schafer, Warrant Resolution 1210 was approved by MOTION by the following roll call vote: Warrant 1210 AYES: COUNCIL MEMBERS: Hall, Schafer, Hertzog, Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Councilwoman Councilwoman Hertzog announced that she had a financial Hertzog Leaves interest in property located on Heritage Drive, and requested that she be excused from the next public hearing. PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing for Council review of Zone Council Review Exception ZE-83-35, Michael and Susan Groscup, 2266 of ZE-83-35 Heritage Drive, Costa Mesa, for a Conditional Use Permit Groscup to allow a raised deck in the rear yard of an existing residential structure located at the above address in a PDR -LD zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. r 1 The Development Services Director summarized staff's memorandum dated March 31, 1983, which states that the Planning Commission adopted a policy on January 24, 1983, requiring all decks in excess of six inches above grade to satisfy the same setbacks as those applicable to roam additions or patio covers. The Director also reported that the applicants' decks came to the attention of staff via a complaint from a neighbor that the decks, one at 48 inches in height, encroached on his privacy. Prior to the adoption of the policy, the applicants modified the decks to their current height of 8 inches, 18 inches, and 29 inches. The applicants applied for a Conditional Use Permit for the raised decks, as modified, in the rear yard of their property. The Planning Commission approved the application on March 14, 1983, based on findings that the decks were installed prior to the Planning Commis- sion interpretation of deck requirements; that the applicants followed due course with the City in regard to construction of the decks; and that requiring the decks to be torn out would penalize the applicants for circumstances beyond their control. The Planning staff recommended denial of the Condi- tional Use Permit because approval of the 18 -inch and 29 -inch decks would allow fence heights of 3.5 feet and 4.5 feet above these two decks, and because the policy adopted by the Planning Commission had been heard with the applicant's case specifically in mind. The Development_Services Director showed photographs of subject property as viewed from the adjacent property to the rear, and from the second story of the applicants' residence. The Director pointed out that dense shrub- bery separates the two properties and it preserves the privacy of both parties. Frank Spiegel, 2269 Columbia Drive, Costa Mesa, owner of land to the rear of applicants' property, referred to the photographs and spoke in opposition to the request. Mr. Spiegel also informed the Council that he had inten- tions of removing the dense shrubbery because of the rodents that he has seen there. Susan Groscup, 2266 Heritage Drive, reported that she and Mr. Groscup have made all the modifications which were requested by the City staff and mentioned that there were conflicting opinions regarding this matter. She further reported that there has been a question concerning the property line and it was her opinion that the shrubbery mentioned earlier is on her property and she has no intention of removing it. Mrs. Groscup also stated that there is no rodent problem. Sid Soffer, 900 Arbor Street, Costa Mesa, made comments on the intent -of the law. Andy Skarbek, 2262 Avalon Street, Costa Mesa, asked for clarification regarding the new policy on height of decks. Mayor Hall suggested that he contact the Plan- ning staff for a detailed explanation. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilwoman Schafer, seconded by Permit Councilman McFarland, to approve Zone Exception ZE-83-35 Approved based on the Planning Commission findings. The motion carried 4-0, Councilwoman Hertzog absent. Councilwoman Councilwoman Hertzog returned to the Council Chambers Hertzog Returns to participate in the remainder of the meeting. 0-56 NEW BUSINESS The Clerk presented Encroachment Permit EP -82-13, Union Oil Company, authorized agent for Scarteen Corporation, EP -82-13 200 West Ninth Street Plaza, Post Office Box 2105, Union Oil/Scarteen Wilmington, Delaware, to provide landscaping in the public right-of-way at 2281 Newport Boulevard in a C2 zone. Environmental Determination: Exempt. The applicant was not present. The Development Services Director reported that at the Planning Commission meeting, the applicant agreed to all conditions. MOTION On motion by Councilman McFarland, seconded by Vice Permit Approved Mayor Johnson, and carried 5-0, the permit was approved based on the findings and recommendations of the Plan- ning Commission and subject to all conditions contained in the Staff Report. 1983-84 Community The Clerk presented 1983-84 Revenue Sharing/Housing and Service Grants Community Development (HCD) Community Service Grants. The City Manager referred to the memorandum from the Program Screening Committee dated March 29, 1983, which contains that Committee's recommendations for funding under the City's Service Grants Program. The Committee was comprised of Councilwomen Hertzog and Schafer who interviewed representatives from all organizations applying for funds. The City Manager recommended adoption of the Committee's recommendations which are based upon the current alloca- tion,of $130,000.00 in Revenue Sharing funds and the proposed $85,300.00 in the 1983-84 Community Development Grant Block. The Committee's recommendations were for a grand total of $128,143.00 of Revenue Sharing funds and $84,747.00 of HCD funds. Eugene Scorio, Executive Director of the Orange County Fair Housing Council, reported that his organization had requested $15,000.00, and was allocated $11,000.00. Mr. Scorio stated that he felt he had not given an adequate presentation at the time of the Committee interview and submitted an amended application to the Council. Mr. Scorio also spoke in support of the application he submitted for the Orange County Fair Housing Council/Mobile Hone Mediation Service for which no funds were allocated by the Committee. Mayor Hall responded that the City received requests totaling $400,000.00 and only $215,300.00 was available. The Mayor further reported that all funds have been allocated and if Mr. Scorio's requests were approved, it would become necessary to again review all the other applications. MOTION A motion was made by Councilwoman Hertzog, seconded by Committee Vice Mayor Johnson, to adopt the Program Screening Com - Recommendations mittee recommendations as detailed in the memorandum Adopted dated March 29, 1983. 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 ORAL COMMUNICATIONS Sid Soffer, 900 Arbor Street, Costa Mesa, expressed opposition to the City's contribution to the Visitor Soffer and Travel Bureau which Council approved at this meeting, stating that the money should have been spent on a traffic signal which was requested at the last Traffic Ccmmission meeting. Mr. Soffer also commented on the adoption of Resolution 83-14-A concerning the weed abatement program. 1 COUNCILMANIC Councilman McFarland reported that the Environmental COMMENTS Impact Statement (EIS) had been delivered by CALTRANS earlier in the day. He announced that the following Route 55 EIS meetings will be held concerning this document: open house at the Costa Mesa Neighborhood Community Center on May 18, 1983; open house in Newport Beach on June 15, 1983; City Council public hearing in the Council Chambers of City Hall on June 16, 1983; and CALTRANS public hearing at the Neighborhood Community Center on June 29, 1983. Redevelopment Councilwoman Schafer mentioned that the Redevelopment Agency Meeting Agency will be holding their regular meeting April 6, 1983, at 7:30 p.m., in the Council Chambers. HCDA Committee Mayor Hall stated that a decision must be made concern- ing the City's Housing and Community Development Act (HCDA) Committee. The City Manager reported that the committee does not have to be ongoing and mentioned that the committee lacked a quorum during their past few meetings and therefore were unable to conduct business. Councilwoman Schafer commented that public attendance at the HCDA meetings has been low and expressed her opinion that one public hearing each year fulfills the needs of the City. Councilwoman Hertzog stated that she felt the committee lacked its original enthusiasm and favored meeting the Federal requirements of one public hearing per year. Councilwoman Hertzog suggested that a letter of commen- dation be sent to each committee member. Mayor Hall agreed with the opinions of the other Council Members and suggested that prior to the HCDA annual public hearing, an ad hoc committee be appointed. MOTION A motion was made by Councilwoman Schafer, seconded by HCDA Commitee Councilwoman Hertzog, and carried 5-0, to reconstitute Reconstituted the HCDA Committee as an ad hoc committee to oversee HCDA funds. City's 30th Mayor Hall announced that the Chamber of Commerce is not Anniversary planning a special event to celebrate the City's 30th anniversary. Vice Mayor Johnson stated he would speak with members of the Lions Club and ask them if they are interested in incorporating the anniversary with their annual fish fry and carnival. Councilwoman Hertzog suggested that the City solicit community involvement in any planned celebration. Decrease in Mayor Hall reported that he had received a letter from Violent Crimes a judge of the Superior Court requesting feedback from the Council concerning decrease in violent crimes. The Mayor asked that the Council direct their input to him so that he could reply to the ju_,_ge's request. The Mayor declared the rp6etir)q adjourned at 9145 p.7. Mayor ATI'ESTi, ity Clerk of the City of Costa esa of Costa Mesa