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HomeMy WebLinkAbout05/02/1983 - City CouncilREGULAR MEETING.OF THE CITY COUNCIL CITY OF COSTA MESA May 2, 1983 The City Council of the City of Costa Mesa, met in regular session on May 2, 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 Wayne Tesch, Newport -Mesa Christian Center. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland Council Members Absent: Schafer Officials Present: Assistant City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilwoman Hertzog, seconded by Vice April 18, 1983 Mayor Johnson, and carried 4-0, the minutes of the regular meeting of April 18, 1983, were approved as distributed and posted. ORDINANCES A motion was made by Councilman McFarland, seconded by Vice Mayor Johnson, and carried 4-0, to read all ordi- nances by title only. CONSENT CALENDAR On motion by Councilman McFarland, seconded by Council- woman Hertzog, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer WRITTEN COMMUNICATIONS On motion by Councilman McFarland, seconded by Council- woman Hertzog, Resolution 83-36, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, in Building Safety 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 83-36 vote: Adopted AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer READING FOLDER On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims have been received by the City Clerk from the following persons: Norma Dempsey; Mrs. George Palmer; The Travelers Insurance Company on behalf of Robert DeLong; Hyacinth C. Bates; and Attorney Douglas M. Booth on behalf of Christopher Viano. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Gregory B. Howell, doing business at 1700 Pla- centia Avenue; C. Peir, Incorporated, doing busi-- ness as Vaughn's, 1895 Monrovia Avenue; William R. Robusto, doing business as Steven Pharmacy, 1525 Mesa Verde Drive East, Suites 101, 102, and 103; Hans Sandtner, doing business as Sandtner Imports, 1390 Logan Avenue, Suite D; and Vaughn's Liquor, Incorporated, doing business at 1125 West Victoria Street, Suite B. Walk for Seniors Request from Golden Timers, 114 East 19th Street, Costa Mesa, to hold a "Walk for Seniors" on May 27, 1983, in conjunction with a special cele- bration of "Older Americans Month". Street Sweeping Communication from S. Simmons, 1021 Damascus Circle, Costa Mesa, expressing opposition to City procedures regarding the issuance of parking tickets in connection with the street sweeping program. Public Utilities Communication from Pacific Telephone Company, 444 Commission Market Street, San Francisco, advising that the Public Utilities Commission, by its Decision No. 82-05-013, dated May 4, 1982, directed Pacific Telephone to amend its application for mobile telephone service rates and attaching a copy of these rates. Notice from the Public Utilities Commission that Application No. 83-01-12 has been filed by Advanced Mobile Phone Service, Incorporated, and the Los Angeles SMSA Limited Partnership for a Certificate of Public Convenience and Necessity for authority to provide a new domestic public cellular radio telecommunications service to the public in the greater Los Angeles area. State Highway Letter from Department of Transportation, State Relinquishment of California, concerning recorded Document No. 83-145752, a resolution relinquishing to the City of Costa Mesa a portion of State road along the Corona del Mar (73) Freeway between the Costa Mesa (55) Freeway and the San Diego (405) Freeway. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Concilio of Orange Purpose has been received from the Concilio of Orange County County, 207 North Broadway, Suite 206, Santa Ana, by holding a Cinco de Mayo cultural festival on May 7, MOTION 1983, at the Orange County Fairgrounds. On motion by Permit Approved Councilman McFarland, seconded by Councilwoman Hertzog, and carried 4-0, the request was approved with applica- tion of Municipal Code Section 9-234J. Ronstadt's A request has been received for renewal of an entertain- ment permit for Ronstadt's, 719 West 19th Street. On MOTION motion'by Councilman McFarland, seconded by Councilwoman Extension of Hertzog, and carried 4-0, the request was approved Permit Approved subject to conditions contained in a memorandum dated April 14, 1983, from the Planning staff. SET FOR PUBLIC On motion by Councilman McFarland, seconded by Council - HEARING woman Hertzog, and carried 4-0, the following items were set for public hearing on May 16, 1983, at 6:30 p.m., in the Council Chambers of City Hall: Parking/Regional Consideration of alternative parking requirements Shopping Centers for regional shopping centers as identified in the South Coast Plaza Parking Study. HCDA Block Grant Community Development Block Grant application for 1983-84 for Fiscal Year 1983-84, including additional funds under the Appropriation Act. ADMINISTRATIVE ACTIONS Stale -dated Checks MOTION Write-off Approved Conference Advances MOTION Advance Approved The Revenue Supervisor has requested approval to write off the following stale -dated checks: Check No. 52456, $111.35; Check No. 52773, $100.00; Check No. 58094, $50.00; Check No. 59811, $9:00; and Check No. 60474, $110.00, for a total amount of $380.35. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the request was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer On motion by Councilman McFarland, seconded by Council- woman Hertzog, a Conference Advance in the amount of $345.00, for a police officer to attend the California Peace Officers Association Annual Training Conference in Concord, May -15-18, 1983, was approved by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer MOTION On motion by Councilman McFarland, seconded by Council - Advance Approved woman Hertzog, a Conference Advance in the amount of $391.00, for a police officer to attend the Creative Problem Solving Conference in Dana Point, May 18-20, 1983, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Notice of Completion Installation of Pavement Markers on Harbor Boulevard Pavement Markers on from Baker Street to Victoria Street has been completed Harbor Boulevard to the satisfaction of the Director of Public Services by J and S Sign Company, 822 West Katella Avenue, Orange. On motion by Councilman McFarland, seconded by MOTION Councilwoman Hertzog, the work was accepted; the Clerk Work Accepted was authorized to file a Notice of Completion; 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 money and to exonerate the Performance Bond 35 days after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Change Order "A" The Director of Public Services has requested approval Psomas and of Change Order "A", in the amount of $5,644.00, to the Associates contract with Psomas and Associates, 150-A Paularino Avenue, Costa Mesa, in connection with design services Sunflower Avenue for widening the north side of Sunflower Avenue. Addi- Widening tional plans and specifications are needed for pavement reconstruction. On motion by Councilman McFarland, MOTION seconded by Councilwoman Hertzog, the change order was Change Order approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Change Order "A' The Director of Public Services has requested approval Governmental of Change Order "A", in the amount of $3,435.00, to the Professional contract with Governmental Professional Services, 1420 Services East Edinger Avenue, Suite 211, Santa Ana, in connection R-83-04 On motion by Vice Mayor Johnson, seconded by Council - Port Mesa woman Hertzog, Ordinance 83-9, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CHANGING THE ZONING OF PORTIONS OF IAT 28, TRACT 376, Ordinance 83-9 FROM R2 TO CL, in connection with Rezone Petition Adopted R-83-04, Port Mesa, Incorporated, for property located at 2570 Newport Boulevard, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer ZE-81-194A and The Clerk presented Zone Exception ZE-81-194A and Zone ZE-77-246A2 Exception ZE-77-246A2, Chase J. McLaughlin, authorized South Coast Plaza agent for South Coast Plaza, 3315 Fairview Road, Costa Mesa, to amend a Final Development Plan by increasing the height of an office building from 16 stories to 20 stories and increasing the area from 350,000 to 464,500 square feet, with a parking variance or Conditional Use Permit to allow dual use of parking facilities in conjunction with an amended Master Plan for South Coast Plaza Town Center, to re -allocate developable building area for property located at the northeast corner of Park Center and Town Center Drives, in a TC zone. Environmental Determination: Environmental Impact Report accepted for South Coast Town Center. The Development Services Director summarized the Planning Division Staff Report. The Planning Commis- sion recommended approval based on the analysis and findings and subject to conditions contained in the Staff Report, with Condition No. 4 mended to read: "Prepare a transportation systems management program for the office center for approval by the Transporta- tion Services Manager prior to issuance of building permits, and submit a status report for approval prior to occupancy of the project. This plan is expected to include efforts in improving on-site circulation, encouraging ride sharing, administration of parking management, enhancement of transit tenant mixture, reduction of peak -hour traffic, and participation in the South Coast Plaza Pilot Transportation Systems Management Study now underway." The Planning Commis- sion also directed staff to study parking require- ments for high intensity commercial/office projects such as the�Town Center. with design of the realignment of 17th Street. The 17th Street City has requested additional revisions and additions Realignment for this project. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the change order was MOTION approved by the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer OLD BUSINESS On motion by Councilman McFarland, seconded by Vice R-80-03 Mayor Johnson, Ordinance 80-7, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CHANGING THE ZONING OF LOTS 65, 66, AND 67 OF TRACT 57, Ordinance 80-7 FROM R2 TO R3, in connection with Rezone Petition Adopted R-80-03, Costa Mesa Planning Commission, for property located at 280-292 Victoria Street, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer R-83-04 On motion by Vice Mayor Johnson, seconded by Council - Port Mesa woman Hertzog, Ordinance 83-9, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CHANGING THE ZONING OF PORTIONS OF IAT 28, TRACT 376, Ordinance 83-9 FROM R2 TO CL, in connection with Rezone Petition Adopted R-83-04, Port Mesa, Incorporated, for property located at 2570 Newport Boulevard, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer ZE-81-194A and The Clerk presented Zone Exception ZE-81-194A and Zone ZE-77-246A2 Exception ZE-77-246A2, Chase J. McLaughlin, authorized South Coast Plaza agent for South Coast Plaza, 3315 Fairview Road, Costa Mesa, to amend a Final Development Plan by increasing the height of an office building from 16 stories to 20 stories and increasing the area from 350,000 to 464,500 square feet, with a parking variance or Conditional Use Permit to allow dual use of parking facilities in conjunction with an amended Master Plan for South Coast Plaza Town Center, to re -allocate developable building area for property located at the northeast corner of Park Center and Town Center Drives, in a TC zone. Environmental Determination: Environmental Impact Report accepted for South Coast Town Center. The Development Services Director summarized the Planning Division Staff Report. The Planning Commis- sion recommended approval based on the analysis and findings and subject to conditions contained in the Staff Report, with Condition No. 4 mended to read: "Prepare a transportation systems management program for the office center for approval by the Transporta- tion Services Manager prior to issuance of building permits, and submit a status report for approval prior to occupancy of the project. This plan is expected to include efforts in improving on-site circulation, encouraging ride sharing, administration of parking management, enhancement of transit tenant mixture, reduction of peak -hour traffic, and participation in the South Coast Plaza Pilot Transportation Systems Management Study now underway." The Planning Commis- sion also directed staff to study parking require- ments for high intensity commercial/office projects such as the�Town Center. Malcolm Ross, representing the applicant, was present to answer questions from the Council and agreed to all conditions. He reported that application has been made to the Federal Aviation Administration (FAA)"for deter- mination that the project will not be hazardous to air navigation, and that the FAA has mailed a circular to all interested agencies. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, spoke in support of a parking study which would include an incentive for employees of South Coast Plaza to use public transportation. MOTION A motion was made by Vice Mayor Johnson, seconded by Requests Approved Councilwoman Hertzog, to approve the requests based on the findings and analysis contained in the Staff Report and subject to all conditions recommended by the Plan- ning Commission, including the amendment of Condition No. 4. The motion carried 4-0. MOTION A motion was made by Councilman McFarland, seconded by Parking Study Mayor Hall, and carried 4-0, directing staff to study Authorized parking requirements for high density commercial/office developments; however, the study is to be a low priority project. WARRANTS On motion by Councilwoman Hertzog, seconded by Vice MOTION Mayor Johnson, Warrant Resolution 1212, including Warrant 1212 Payroll 8308, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer MOTION On motion by Councilwoman Hertzog, seconded by Vice Warrant 1213 Mayor Johnson, Warrant Resolution 1213 was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer CITY ATTORNEY REPORTS The City Attorney presented a proposed ordinance which regulates escort bureaus and other adult entertainment Adult Entertainment businesses and amends certain sections of the Costa Businesses Mesa Municipal Code. MOTION On motion by Councilman McFarland, seconded by Vice Ordinance 83-10 Mayor Johnson, Ordinance 83-10, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTIONS 9-450 THROUGH 9-474, INCLUSIVE, OF THE COSTA MESA MUNICIPAL CODE REGULATING ESCORT BUREAUS AND OTHER ADULT ENTERTAINMENT BUSINESSES, REPEALING SECTIONS 9-193 THROUGH 9-208, AMENDING SECTION 13-860 (a)(7) AND (8) AND ADDING SECTION 13-861 (d), was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:` Schafer CITY MANAGER REPORTS The Assistant City Manager requested authorization to purchase one used helicopter from Hughes Aircraft Cor - Purchase of poration, in the amount of $98,000.00 plus tax. This Used Helicopter aircraft would replace one of two helicopters now being used by the Costa Mesa Police Department. The cost of a new helicopter, similarly equipped and including sales tax, would be approximately $200,000.00. M MOTION On motion by Vice Mayor Johnson, seconded by Councilman Purchase McFarland, the purchase was approved by the following Approved , roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Federal Disaster The Assistant City Manager reported that the City filed Assistance Notice of Interest with the Federal Emergency Management Agency on March 30, 1983, for financial assistance in repairing public facilities damaged by the recent storms. The preliminary cost estimate of damage deter- mined by City staff is approximately $63,000.00. The application submitted by the City is only for repair of public facilities and does not involve the applications by private individuals for storm damage assistance. The Los Angeles office of the Federal Emergency Manage- ment Agency has advised the City that a resolution is required to specifically identify the City's authorized representative. The resolution simply authorizes the City Manager or his designee to sign the various docu- ments required in filing for these funds. The Assistant City Manager pointed out that the above procedure does not commit the City or guarantee that funds will be available to make the repairs to those facilities damaged as a result of the storms. MOTION A motion was made, by Councilman McFarland, seconded by City Agent Councilwoman Hertzog, adopting a minute resolution, Designated Designation of Applicant's Agent, authorizing the Mayor, City Manager, or Assistant City Manager to execute for and in behalf of the City of Costa Mesa an application for the purpose of obtaining Federal financial assist- ance under the Disaster Relief Act or otherwise avail- able from the President's Disaster Relief Fund. The motion to adopt the minute resolution carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of ZE-83-30 the meeting of April 18, 1983, to consider an appeal Pimental of the Planning Commission denial of Zone Exception ZE-83-30, from Lucille C. Pimental, 778 Scott Place, Apt. 2, Costa Mesa, for a variance from the required number of parking spaces; a variance to allow an excess number of compact spaces; and a density deviation to legalize the conversion of one three-bedroom apartment unit into one two-bedroom unit and one one-bedroon unit at the above address in an R3, R4 zone. Environmental Determination: Exempt. In summarizing staff's memorandum dated April 28, 1983, the Development Services Director reported that staff suggests that the actual parking problem on the site may be a result of parking management policies rather than the number of spaces provided. The Director also reported that a new plan submitted by the appellant shows that there is no need for compact stalls; however, he recommended that another condition be added, Condi- tion No. 6, that equal access to on-site parking be restored to all tenants. Hugh R. Coffin, Attorney at Law, 1201 Dove Street, Suite 410, Newport Beach, representing the appellant, agreed to all conditions, including Condition No. 6 which was recommended by the Development Services Director. Mr. Coffin stated that the conversion was done for economic reasons and that it does not adversely impact the park- ing at this location. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilwoman Hertzog, seconded by ZE-83-30 Vice Mayor Johnson, approving Zone Exception ZE-83-30 Approved subject to all conditions contained in the Staff Report, adding Condition No. 6, "Equal access to on-site parking be restored to all tenants, and that a plan be presented to the Development Services Director detailing a revised parking management system"; and based on the following findings: (1) Although the site is currently deficient by 16 parking spaces per present code, parking spaces provided at the time of construction exceeded the code by 6 spaces. (2) After restriping in accordance with Condition No. 1, the parking deficiency will be decreased. (3) Approval of the parking variance, with the restriping and particularly the requirements of the conditions imposed, will decrease the park- ing deficiency on Scott Place. (4) The evidence presented satisfies the conditions set forth in Municipal Code Section 13-347. (5) As pointed out in the staff analysis, the conver- sion will be in accordance with the guidelines of the General Plan. (6) Denial of this variance would set a precedent for denial of beneficial improvements to existing complexes, meeting previously existing parking standards, which may not meet current parking standards. (7) Denial of the variance will decrease the housing opportunities available. (8) Denial of the variance will displace people in the low to moderate income bracket. Councilman McFarland expressed concern with Finding No. 6, stating that it is unnecessary and has no relation- ship to the request. He stated he would support the motion if this finding is deleted. v Councilwoman Hertzog amended her motion by deleting Finding No. 6. The amended motion was seconded by Vice Mayor Johnson, and carried 4-0. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of set for the public hearing to consider an appeal of the ZE-81-137 and Redevelopment Agency denial of Zone Exceptions ZE-81-137 ZE-81-166; and ZE-81-166, Redevelopment Actions RA -81-12 and RA -81-12 and RA -81-17, respectively, from Joseph H. Irani, 1533 RA-81-17/Irani Monrovia Avenue, Newport Beach, for retroactive exten- sions of time for a Conditional Use Permit to expand a nonconforming building, a variance from required setback for the construction of an outdoor deck, and a Condi- tional Use Permit for outdoor dining, located at 1800 Park Avenue in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. v The Development Services Director did not summarize the requests since the Council had heard these items at the last Redevelopment Agency meeting. The Development Services Director did report that the Planning Commis- sion had approved an extension of time for the proposed projects; however, the Redevelopment Agency denied the requests. Joseph Irani, 5701 Seashore Drive, Newport Beach, spoke in support of his request for extensions of time for the two applications. He reported that one of the tenants was discouraged because of the conditions, and delays were caused by redevelopment action in the area. Mr. Irani agreed to all conditions and advised the Council that work would start immediately with comple- tion in approximately 60 days. There being no other speakers, the Mayor closed the public hearing. MOTION Councilwoman Hertzog made a motion to approve Zone Applications Exceptions ZE-81-137 and ZE-81-166, Redevelopment Approved Actions RA -81-12 and RA -81-17, respectively, subject to all conditions. The motion was seconded by Mayor Hall. Councilman McFarland expressed appreciation of Mr. Irani's concern to improve the property, but felt that all projects in the Redevelopment Area should be brought up to standards. Mayor Hall stated that the building was an eyesore and that any improvement would be beneficial to that area. He also stated that redevelopment in that area will not start for some time. Vice Mayor Johnson expressed his desire for a time limit as a condition of approval. MOTION AMENDED Councilwoman Hertzog amended her motion setting a six- month time limit for completion of improvements. The amended motion was seconded by Mayor Hall, and carried 3-1, Councilman McFarland voting no. PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of ZE-83-46 for the public hearing to consider an appeal of the Martell Planning Commission denial of Zone Exception ZE-83-46, from Arthur and Theresa Martell, 5216 Seashore Drive, Unit B, Newport Beach, for a variance from parking and open space requirements to allow conversion of an exist- ing four-bedroom apartment to one one -bedroom unit and one two-bedroom unit, thereby expanding the total number of units for an existing apartment complex from four units to five units, located at 200 East 16th Street in an R3 -CP zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development. Services Director reviewed staff's memorandum dated April 27, 1983, and pointed out that density is based on number of units and the proposed apartment conversion results in a density increase. Existing open space is deficient and staff suggests that it is not desirable to increase density in a development that lacks adequate open space. Mr. Martell was present and expressed his opinion that by deleting one bedroom, the parking needs will be lessened. He also stated that the information he sub- mitted to the Planning Commission was deficient and that the measurements that he is submitting show 41 percent open space. The Development Services Director stated that it would be necessary for staff to study the new information which Mr. Martell is submitting and suggested that this item be continued until after staff review. Mayor Hall asked the appellant if he would be agreeable to the Director's suggestion, and Mr. Martell responded that he would prefer that a decision be made this evening. Mr. Martell advised the Council that if his figures regarding open space are incorrect, he would withdraw his request, and asked that only the parking variance be considered. In response to the Mayor's inquiry, Mr. Martell stated that if his request is approved, he was in disagree- ment with Condition No. 7, "Due to the increased sewer capacity problems stemming from the additional unit, developer will be required to participate in the cost of providing additional sewer capacity". Mayor Hall informed Mr. Martell that Condition No. 7 is a condition of the Sanitary District, not the City. It has been placed in the Staff Report for his informa- tion and the City has no authority to alter that District's requirements. Sid Soffer, 900 Arbor Street, Costa Mesa, asked why Condition No. 7 is a condition of the City. The Mayor repeated the explanation contained in the previous paragraph. Mr. Soffer expressed his opinion that the staff member who writes the reports for each public _hearing should be present at the Council meetings. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, suggested that proximity to public transportation be considered when determining parking requirements. There being no other speakers, Mayor Hall closed the public hearing. Councilman McFarland expressed his opposition to the conversion of a larger apartment unit to smaller units, and suggested if one conversion is approved, then others in the City will expect the same consideration. MOTION A motion was made by Councilman McFarland, seconded by ZE-83-46 Denied Vice Mayor Johnson, to deny Zone Exception ZE-83-46 based on the findings and analysis contained in the Staff Report and the recommendation of the Planning Commission. Mayor Hall expressed his support for the conversion, stating that smaller units are in demand. Vice Mayor Johnson stated that this type of conversion should not be allowed throughout the entire City because of excessive density and suggested that the City's present guidelines be followed. The motion to deny the request carried 3-1, Mayor Hall voting no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-83-49 set for the public hearing to consider an appeal from Keuilian/Dishner/ Paul Abrams, regarding the Planning Commission decision Abrams for Zone Exception ZE-83-49, Ard Keuilian, authorized agent for Dr. Paul Dishner and Melba Abrams, 440 Fair Drive, Costa Mesa, for a -Conditional Use Permit for the establishment of a mini -market in an existing gas station located at 2505 Harbor Boulevard in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from Mrs. H. John Bowman, 2510 Carnegie Avenue, Costa Mesa, opposing the proposed project. The appellant has requested that this item be continued to the meeting of June 6, 1983. MOTION A motion was made by Councilman McFarland, seconded by ZE-83-49 Councilwoman Hertzog, to continue the public hearing Held Over to June 6, 1983. The motion carried 4-0. PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of ZE-83-50 for the public hearing to consider an appeal from Donald Hofmann Huebner of the Planning Commission decision for Zone Exception ZE-83-50, Charles Hofmann, 350 Rochester Street, Costa Mesa, for a variance from rear and left side setback requirements and a Conditional Use Permit to allow the construction of a rental unit on top of an existing nonconforming garage, located at the above address in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. In reviewing the staff's memorandum dated April 28, 1983, the Development Services Director reported that the appellant has stated that the proposed project exceeds the allowable rear yard building coverage of 33 percent, and that the proposed rental unit will be located closer to his garage than to the existing house on subject property. The project does exceed the allowable 33 percent rear yard building cover; however, the alley provides an acceptable substitute for the rear yard setback and the distance of more than 25 feet between properties offsets potential impacts.of the building width. In fact, the 30 -foot building separation (including the 25 -foot alley) actually provides greater separation between structures than the separation that might otherwise be provided when two properties are located back-to-back. The appellant, Donald Huebner, 250-A East 16th Street, Costa Mesa, owner of property which abuts the Hofmann property, spoke in opposition to the project, stating his opinion that the alley should not be included in the allowable rear setback. Mr. Huebner also commented that the main structure should be separated from the garage by six feet. Charles Hofmann, 350 Rochester Street, Costa Mesa, spoke in support of his proposed project and mentioned that the structure over the garage will not encroach into the alley. He agreed to all conditions recommended by the Planning Commission. Sid Soffer, 900 Arbor Street, Costa Mesa, asked ques- tions about attached garages and accessory structures. The Development Services Director -responded that if a garage is attached to a house, it is not an accessory structure. Ron Shaver, 340 Rochester Street, Costa Mesa, stated that Mr. Hofmann's property is zoned R2 and he had a right to build a two-story structure, and mentioned that Mr. Huebner's building is two-story also. Barbara Robb, 356 Rochester Street, Costa Mesa, stated that Mr. Hofmann was an excellent neighbor; however, she was concerned that the second story structure would lessen her privacy. There being no other speakers, Mayor Hall closed the public hearing. Councilwaman Hertzog reported that she had visited the subject site and Mr. Hofmann assured her that there would be no windows on that side of the new structure facing Mrs. Robb's property. MOTION On motion by Councilman McFarland, seconded by Council- ZE-83-50 woman Hertzog, and carried 4-0, Zone Exception ZE-83-50 Approved was approved based on the findings and analysis con- tained in the Staff Report and subject to all conditions recommended by the Planning Commission. PUBLIC HEARING The Clerk announced that this was the time and place set Moratorium on for the public hearing to consider an interim ordinance Issuing Billboard extending the moratorium on processing and issuance of Permits building permits and zone exception permits for bill- boards or outdoor advertising structures. The Affi- davit of Publication is on file in the Clerk's office. No communications have been received. The Senior Planner reviewed his memorandum of April 27, 1983, which recommends that the present moratorium be extended in order to allow for the completion of the processing and adoption of the new billboard regula- tions. As required by Goverment Code Section 65658(d), staff has prepared the Billboard Ordinance/Moratorium Status Report which provides background discussion regarding the need for the moratorium and describes action taken by the City to resolve the concerns which led to the establishment of the moratorium. Mayor Hall asked what the maximum time limitation is for a moratorium, and the Senior Planner responded that a moratorium could be in effect for one year. He also explained that the proposed ordinance is worded in such a way that the moratorium will expire at the time the new billboard ordinance is in effect. Sid Soffer, 900 Arbor Street, Costa Mesa, received background information about this item from the Mayor. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Report Accepted; woman Hertzog, the Billboard Ordinance/Moratorium Status Urgency Ordinance Report was accepted, and Ordinance 83-11, being AN ORDI- 83-11 Adopted NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXTENDING THE EFFECT OF ORDINANCE 83-8 CONCERNING A MORATORIUM ON THE PROCESSING AND ISSUANCE OF BUILDING PERMITS AND ZONE EXCEPTION PERMITS FOR BILLBOARDS OR OUTDOOR ADVERTISING STRUCTURES, DECLARING SAID ORDINANCE TO BE AN URGENCY ORDINANCE AND SETTING FORTH THE REASONS THEREFOR, was adopted by the following roll call vote: I) AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Clerk announced that this was the time and place Off -Premise set for the public hearing to consider a proposed Advertising Signs ordinance relating to off -premise advertising signs. The Affidavit of Publication is on file in the Clerk's office. Communications have been received from the following companies, requesting that the public hearing be con- tinued for 30 days: Foster and Kleiser, 1550 West Washington Boulevard, Los Angeles, and Gannett Outdoor Company, Incorporated, of Southern California, 3159 Terminal Annex, Los Angeles. The Senior Planner summarized his memorandum dated April 28, 1983, and reported that the Planning Conmis- sion.and Planning staff recommended that the proposed off -premise advertising sign ordinance be adopted based on the following findings: A. The proposed ordinance is consistent with State Law in that it regulates but does not prohibit off -premises advertising signs. B.' The proposed ordinance is consistent with the intent of the City's sign regulations to eliminate "clutter and confusion" which detract from commun- ity appearance. C. The proposed ordinance will neither constitute a grant of special privilege nor an unusual limita- tion on billboards since it allows the same amount of signage as permitted for on-site ground signs. D. The proposed ordinance provides somewhat different regulations for directional signs than for bill- boards in recognition of the temporary nature of directional signs. Staff has suggested that since adequate notice had been given to billboard companies and property owners of existing billboards, a continuance is not warranted. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke regard- ing compensation being paid to the landowner for removal of billboards by the City. Robert Verman, of Foster and Kleiser, spoke in support of the 30 -day continuance, stating that he had not had the opportunity to review the proposed ordinance because of prior commitments. Mayor Hall explained the procedure for adoption of an ordinance, that is, give first reading this evening and continue second reading beyond May 16, 1983, or, delay the first reading until a later date. Chris Norby, Independent Outdoor Advertising, 979 North La Brea Street, Los Angeles, stated that his company was not concerned with whether or not Council decides to delay adoption of the ordinance. His primary purpose in attending the meeting is to introduce the company to the Council. Independent Outdoor Advertising has no off - premise signs in the City and Mr. Norby reported that his company was in favor of the proposed ordinance. The Development Services Director reported that the schedule for.the month of June is quite full, and since the billboard companies had received the proposed ordi- nance April 11, and he stated his opinion that a delay in adoption of the ordinance is not warranted. There being no other speakers, the Mayor closed the public hearing. A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Johnson, to give first reading to Ordinance 83-12, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING ARTICLE 2, SECTIONS 5-149 THROUGH 5-156, INCLUSIVE, OF TITLE 5, CHAPTER VI, OF THE COSTA MESA MUNICIPAL CODE, AND ADD- ING ARTICLE 2, SECTIONS 5-149 THROUGH 5-157, INCLUSIVE, Sid Soffer, 900 Arbor Street, Costa Mesa, also supported using the funds for traffic improvements. Michael Hendrie, 1699 Minorca Place, Costa Mesa, sug- gested that some funds be used for scholarship programs. There being no other speakers, Mayor Hall closed the public hearing, and no Council action was required. Hertzog Leaves Councilwoman Hertzog left the Council Chambers at this time and did not participate in the voting for the remaining items. NEW BUSINESS The Clerk presented Encroachment Permit EP -83-02, EP -83-02 William Brooker, authorized agent for Lauretta Riem, Brooker/Riem 1584 San Bernardino Place, Costa Mesa., for permission to provide landscaping in the public right-of-way for property located at 1765 Monrovia Avenue in an MG zone. Environmental Determination: Exempt.' MOTION On motion by Councilman McFarland, seconded by Vice Permit Approved Mayor Johnson, and carried 3-0, the permit was approved subject to conditions recommended by the Planning Com- mission. City Float The Clerk presented a request from the Lions Club for City participation in the annual City float. Lee Gibbs, 1863 Pitcairn Drive, Costa Mesa, representing the Lions Club, was present to answer questions from the Council. MOTION A motion was made by Councilman McFarland, seconded by Funds Vice Mayor Johnson, authorizing an expenditure of Authorized $3,250.00 for the Costa Mesa City Float, with final approval by the City of the parades in which the float will be entered. The motion carried 3-0. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, commented on COMMUNICATIONS the following subjects: Appellate Court decision con- cerning towing of vehicles; converting large apartments into two or more smaller units; staff members being TO TITLE 5, CHAPTER VI, RELATING TO OFF -PREMISE ADVER- TISING SIGNS, with second reading and adoption to be scheduled for May 16, 1983. SUBSTITUTE MOTION Ordinance 83-12 Mayor Hall madea substitute motion to give first read - Given First Reading; ing to Ordinance 83-12, with second reading and adoption Second Reading to be scheduled for June 20, 1983. The motion was Scheduled for seconded by Councilman McFarland, and carried by the June 20 following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, McFarland NOES: COUNCIL MEMBERS: Hertzog ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Mayor announced that this was the time and place set Revenue Sharing for the public hearing to receive public comments and/or Funds proposals on the possible uses of Federal Revenue Shar- ing Entitlement funds to be appropriated in the 1983-84 budget. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, spoke -in support of using the block grant funds for traffic improvements, especially on Newport Boulevard. Sid Soffer, 900 Arbor Street, Costa Mesa, also supported using the funds for traffic improvements. Michael Hendrie, 1699 Minorca Place, Costa Mesa, sug- gested that some funds be used for scholarship programs. There being no other speakers, Mayor Hall closed the public hearing, and no Council action was required. Hertzog Leaves Councilwoman Hertzog left the Council Chambers at this time and did not participate in the voting for the remaining items. NEW BUSINESS The Clerk presented Encroachment Permit EP -83-02, EP -83-02 William Brooker, authorized agent for Lauretta Riem, Brooker/Riem 1584 San Bernardino Place, Costa Mesa., for permission to provide landscaping in the public right-of-way for property located at 1765 Monrovia Avenue in an MG zone. Environmental Determination: Exempt.' MOTION On motion by Councilman McFarland, seconded by Vice Permit Approved Mayor Johnson, and carried 3-0, the permit was approved subject to conditions recommended by the Planning Com- mission. City Float The Clerk presented a request from the Lions Club for City participation in the annual City float. Lee Gibbs, 1863 Pitcairn Drive, Costa Mesa, representing the Lions Club, was present to answer questions from the Council. MOTION A motion was made by Councilman McFarland, seconded by Funds Vice Mayor Johnson, authorizing an expenditure of Authorized $3,250.00 for the Costa Mesa City Float, with final approval by the City of the parades in which the float will be entered. The motion carried 3-0. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, commented on COMMUNICATIONS the following subjects: Appellate Court decision con- cerning towing of vehicles; converting large apartments into two or more smaller units; staff members being present at public hearings; lawsuits which he has filed and proposes to file against the City; and his confron- tation with the Planning Commission on April 25. Route 55 Michael Hendrie, 1699 Minorca Place, Costa Mesa, stated that he has an alternative plan for Route 55 (Newport Boulevard). Mayor Hall suggested that he submit his plan to the City Manager's office and that he attend the public hearing on May 18-, 1983, at the Neighborhood Community Center. COUNCILMANIC COMMENTS Mayor Hall announced that the California Police Officers Association has informed the City that Captain Robert Police Captain Moody is being nominated to receive tilke that Associa- Moody Commended tion's Certificate of Appreciation for his accomplish- ments and professionalism in law enforcement. MOTION On motion by Councilman McFarland, seconded by Vice Resolution 83-37 Mayor Johnson, Resolution 83-37, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING COSTA MESA POLICE CAPTAIN ROBERT MOODY ON HIS ACCOMPLISHMENTS IN LAW ENFORCEMENT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Schafer ADJOURNMENT . The Mayor declared the Meeting ad ATTEST: Ci y Clerk of the City of Costa sa 9:25 p City of Costa Mesa