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HomeMy WebLinkAbout12/05/1983 - City CouncilREGULAR MEETING OF THE CITY CODICIL CITY -OF COSTA MESA December 5, 1983 The City Council of the City of Costa Mesa, met in regular session on December 5, 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 Councilman McFarland. 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 - November 21, 1983 woman Hertzog, and carried 5-0, the minutes of the regular meeting of November 21, 1983, were approved as distributed and posted. ORDINANCES A motion was made by Vice Mayor Johnson, seconded by Councilwoman Hertzog, and carried 5-0, to read all ordinances by title only. CCNSENT CALENDAR On motion by Councilwoman Schafer, 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, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, Resolution 83-113, being A RESOLUTION OF Records Destruction THE CITY CODICIL OF THE CITY OF COSTA MESA, CALIFORNIA, for Finance AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART- MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE MOTION NO. 75-60, was adopted by the following roll call vote: Resolution 83-113 AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Adopted McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Records Destruction On motion by Councilwoman Schafer, seconded by Council - for Police woman Hertzog, Resolution 83-114, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE DEPART - MOTION MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE Resolution 83-114 NO. 75-60, was adopted by the following roll call 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 Council- woman Hertzog, 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: Attorney Joseph Angelo on behalf of Murray Saul; Edward H. Brickner; Lawrence W. Fox; William F. Raymond, Primo Custom Painting; Michelle Cohen Silverman; John C. Willenbacher; 19 claims from Attorney Betty McMullen regarding Harbor Lawn Mortuary; and Douglas B. Fritzell. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning Divi- License iviLicense sion: Guillermo W. Karmy, doing business as Hillgreen Liquor Store, 250 East 17th Street; and Fuddrucker's, Incorporated, doing business at 1555 Adams Avenue. Public Utilities Notice from the Public Utilities Commission Commission regarding Application No. A83-11-17, Funbus Systems, Incorporated, for a Certificate of Public Convenience and Necessity to operate a passenger stage corporation over regular routes between Anaheim/Beverly Hills/Los Angeles/Uni- versal City and between Anaheim/Long Beach/Los Angeles/Rancho Palos Verdes. Notice from the Public Utilities Commission regarding Application No. 83-11-31, Southern California Edison Company, for (1) Authority to increase rates effective January 1, 1984 by: increasing its energy cost adjustment billing factors, decreasing its electric revenue adjust- ment billing -factor, reducing its base rates; and (2) Authority to reduce rates coincident with the implementation of the major additions adjustment clause rates by reducing its energy cost adjustment clause rates to reflect the fuel and energy cost savings attributable to San Onofre Nuclear Generating Station Unit No. 3. Notice from Southern California Gas Company (SOCA1,GAS) regarding Application No. 83-09-24, requesting authority to increase the Conservation Cost Adjustment component in SOCALGAS' rates by $2.386 million to cover the costs of SOCALGAS' Demonstration Solar Financing Program through 1984 and includes an estimated undercollection of $4.191 million in the CCA balancing account. SET FOR PUBLIC On motion by Councilwoman Schafer, seconded by Council - HEARING woman Hertzog, and carried 5-0, the following items were set for public hearing on December 19, 1983, at 6:30 p.m., in the Council Chambers of City Hall: R-83-09 Rezone Petition R-83-09, Costa Mesa City Council, for permission to rezone property located at 773 Paularino Avenue from R2 to R3, consistent with the requirements of Specific Plan SP -78-02. Environmental Determination: Negative Declara- tion adopted for Specific Plan SP -78-02. R-83-10 Hester/Feldman REJECTED CLAIMS Bauer Rich Rezone Petition R-83-10, Jack W. Hester, author- ized agent for Noe Feldman, 27 Silver Crescent, Irvine, for permission to rezone property located at 382 Victoria Street from R2 to R3. Environ- mental Determination: Negative Declaration. On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim of Gary D. Bauer was rejected. On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim of Linda Sue Rich was rejected. r� J ADMINISTRATIVE In a memorandum dated November 29, 1983, the Assistant ACTIONS City Manager reported that the owner of property at 2542 Santa Ana Avenue (Assessor Parcel 439-121-02) has Master Property requested annexation to the City of Costa Mesa. Prior Tax Transfer to filing with the Orange County Local Agency Formation Commission for consideration of the annexation, it is necessary for the City and the Board of Supervisors to adopt concurrent resolutions per the Master Property Tax Transfer Agreement as approved by the City and the MOTION County in October, 1980. On motion by Councilwoman Resolution 83-115 Schafer, seconded by Councilwoman Hertzog, Resolution Adopted 83-115, being A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORQIA, CONFIRMING THE APPLICA- TION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT FOR THE PROPOSED ANNEXATION OF ASSESSOR PARCEL 439-121-02, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Minority Business A draft Minority Business Enterprise Program was Enterprise Program presented. The program is required by United States law for expenditure of various federal funds, including those funds to be used for traffic signal improvements on West 19th Street at Pomona Avenue and at Placentia Avenue. The program sets goals for a contractor to expend 10 percent of his contract utilizing minority MOTION businesses and 1 percent using women's businesses. On Resolution 83-116 motion by Councilwoman Schafer, seconded by Council - Adopted woman Hertzog, Resolution 83-116, being A RESOLUTICN OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORQIA, ADOPTING THE MINORITY BUSINESS ENTERPRISE PROGRAM, was adopted by the following roll call vote: AYES: COLUCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Changes on Hamilton Street MOTION Resolution 83-117 Adopted Prohibition of Parking on Colby Place MOTION Resolution 83-118 Adopted The Traffic Commission has recommended the following parking changes on Hamilton Street: allow parking on the south side at Rea Center, prohibit parking on the north side of Hamilton Street from Meyer Place to Pomona Avenue, and restripe Hamilton Street for bike lanes in both directions. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, Resolution 83-117, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COST, MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF HAMILTON STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson,'Hertzog, McFarland, Schafer None None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: At the request of the residents at 2507 Colby Place, the Traffic Commission has recommended stricter parking pro- hibition on Colby Place because the existing two-hour parking zone is -ineffective in regulating overflow park- ing for the nearby Mediterranean Village apartments. The Commission is recommending elimination of the two- hour parking restriction and prohibition of all parking from midnight to 7:00 a.m. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, Resolution 83-118, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING FROM MI NIGHT TO 7:00 A.M. ON BOTH SIDES OF COLBY PLACE FOR ITS ENTIRE LENGTH, was adopted by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Grant of Property The City Attorney has requested authority for grant -of to Walter Boice property to Walter Boice in connection with the 17th Street realignment. The details of the settlement are 17th Street contained in a confidential memorandum dated November Realignment 29, 1983. On motion by Councilwoman Schafer, seconded _ by Councilwoman Hertzog, the Mayor and Clerk were MOTION authorized to execute a grant deed to Walter Boice in Grant Deed connection with the settlement of litigation involving Authorized the 17th Street realignment. 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 was presented for Tract 11697, Country Tract 11697 Club Villas, 19752 MacArthur Boulevard, Suite 150, Country Club Irvine; one lot, 0.42 -acre, located at 2674 Orange Villas Avenue, for condominium purposes. On motion by Council- woman Schafer, seconded by Councilwoman Hertzog, the map MOTION was approved; the Council did accept on behalf of the Map Approved public the dedication of Orange Avenue for street pur- poses; did also accept on behalf of the City of Costa Mesa the ingress/egress easement for emergency and security vehicle purposes as dedicated; did also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, - McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map and The Final Map and Subdivision Agreement were presented Subdivision for Tract 11499, McLain Development Ccmpany, 4 Corporate Agreement for Plaza, Suite 101, Newport Beach; eight lots, 11.34 Tract 11499 acres, located at the southeast corner of Fairview Road McLain and South Coast Drive, for condominium purposes. On motion by Councilwoman Schafer, seconded by Councilwaman MOTIDI Hertzog, the map and agreement were approved; the Coun- Map and Agreement cil did accept on behalf of the public the dedication of Approved Fairview Road and South Coast Drive for street purposes; did also accept on behalf of the City of Costa Mesa: (1) the nonexclusive ingress/egress for emergency and public security vehicle purposes as dedicated; (2) the three-foot wide easement over Lots 6 and 8 for sidewalk purposes as dedicated; (3) the vehicular access rights to Fairview Road and South'Coast Drive as released and relinquished; did also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign the map, and the Mayor and Clerk were authorized to sign the agree- ment on behalf .of the City. The motion carried by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 12002, Terrance Tract 12002 Ragan, 1 Linda Isle, Newport Beach; one lot, 5.25 acres, Ragan located at 1845 Anaheim Avenue, for condominium pur- poses. on motion by Councilwoman Schafer, seconded by MOTION Councilwoman Hertzog, the map was approved; the Council Map Approved did accept on behalf of the public the dedication of Center Street for street purposes; did also accept on behalf of the City of Costa Mesa the easement for ingress and egress of emergency and security vehicles as dedicated and the access rights to Viola Place as released and relinquished; did also approve said map pursuant to the provisions of Section 66436 (c.)(1) of the Subdivision Map Act; and the Clerk was authorized to sign the map.on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None . ABSENT: COUNCIL MEMBERS: None Change Order No. 2 The Director of Public Services has recommended approval Griffith Company of Change Order No. 2, in the amount of $12,207.59, to Advance the contract with Griffith Company, 2020 Yale Street, 17th Street Santa Ana, in connection with the 17th Street realign - Realignment ment. The change order is necessary because the contractor encountered several sewer laterals and mains that had to be relocated in order to proceed with the MOTION work in accordance with the plans. On motion by Coun- Change Order cilwoman Schafer, seconded by Councilwoman Hertzog, the Approved change order was approved by the following roll call vote: Safety Employees AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Retirement Plan McFarland, Schafer NOES: COUNCIL MEMBERS: None MOTION ABSENT: COUNCIL MEMBERS: None Conference Advances MOTION Advance Approved On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, a Conference Advance, in the amount of $648.00, for a police officer to attend Auto Theft Investigation (Basic) Conference in Los Gatos, January 23 through 27, 1984, was approved by the following roll call vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None MOTION On motion by Councilwoman Schafer, seconded by Council - Advance woman Hertzog, a Conference Advance, in the amount of Approved $459.00, for a police officer to attend Hazardous Materials Conference in San Luis Obispo, January 9 through 13, 1984, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Safety Employees On motion by Councilwoman Schafer, seconded by Council - Retirement Plan woman Hertzog, Resolution 83-119, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ADOPTING AN AMENDED RETIREMENT PLAN FOR SAFETY EMPLOYEES Resolution 83-119 OF THE CITY OF COSTA MESA, was adopted by the following Adopted roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: CODICIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS On motion by Councilwoman Schafer, seconded by Vice R-83-08 Mayor Johnson, Ordinance 83-26, being AN ORDINANCE OF Wood/Bedford THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZCNING OF A PORTION OF LOT 503, NEWPORT MOTION MESA TRACT, FROM R2 TO R3, in connection with Rezone Ordinance 83-26 Petition R-83-08, Brian Wood/Peter Bedford, for property Adopted located at 1826 Pomona Avenue, was given second reading and adopted by the following roll call vote: 193 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None Amending Planned On motion by Councilman McFarland, seconded by Council - Development woman Hertzog, Ordinance 83-27, being AN ORDINANCE OF Regulations THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING PLANNED DEVELOPMENT REGULATIONS REGARDING MOTION PERIMETER OPEN SPACE, TO ALLOW REDUCED SETBACK AND/OR Ordinance 83-27 REDUCED LANDSCAPING IN CERTAIN PROJECTS DATED CITY - Adopted WIDE, was given second reading and adopted by the fol- lowing roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Taxicab Insurance On motion by Vice Mayor Johnson, seconded by Council - Requirements woman Hertzog, Ordinance 83-28, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CONCERNING LIABILITY INSURANCE REQUIREMENTS FOR TAXI - Ordinance 83-28 CABS, was given second reading and adopted by the Adopted following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Condominium On motion by Councilwoman Hertzog, seconded by Vice Conversion Mayor Johnson, Ordinance 83-29, being AN INTERIM ORDI- Moratorium NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXTENDING THE EFFECT OF ORDINANCE 83-19 MOTION CONCERNING A MORATORIUM ON THE PROCESSING AND ISSUANCE Urgency OF ZONE EXCEPTION PERMITS FOR THE CONVERSION OF EXIST - Ordinance 83-29 ING APARTMENTS TO CONDOMINIUMS, EXCEPT WITHIN THE Adopted BODIIlARIES OF THE DONNTOT�T3N REDEVELOPMENT PROJECT AREA NO. 1, DECLARING SAID ORDINANCE TO BE AN URGENCY ORDI- NANCE AND SETTING FORTH THE REASONS THEREFOR, was adopted by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Crossing Guards The Clerk presented a letter from Donna Bennett, Co - for Bear Street President of the Bear Street School Parent Faculty School Children Organization (PFO), requesting that in reviewing the overall perspective for crossing guards in the City that particular attention be paid to the situation at Bear Street School. Donna Bennett was present and requested two crossing guards, one for each of the following intersections: -Bear Street and Paularino Avenue; and at Bear Street and South Coast Drive. Hours for the guards would be 8:00 a.m. to 9:00 a.m. and 1:45 p.m. to 3:15 p.m. Mrs. Bennett pointed out that since the school district no longer provides free busing, most children walk or ride their bicycles to school. She mentioned reasons for the need for crossing guards: heavy traffic generated by South Coast Plaza and other surrounding businesses; contour of Bear Street; and the fact that Bear Street School is unique in that it is not located in a resi- dential area. Mrs. Bennett referred to a recent traffic accident in which two students were injured while cross- ing Bear Street. Mayor Hall referred to the C. J. Segerstrom development which was approved by Council at a recent meeting and which will be located near the Bear Street School. One of the conditions of approval was that crossing guards be provided. Mayor Hall asked Mrs. Bennett if she has had any discussion with the Segerstroms to provide crossing guards now instead of at a later date. Donna Bennett responded that Mr. Segerstrom was very receptive to the suggestion; however, he indicated that he wanted to wait until Council reviewed this matter. Kathy Byrne, Co -President of the Bear Street School PFO, reported that the school faculty members feel that the traffic light is more of a hindrance than the original stop sign because with the latter, all vehicles had to come to a complete stop. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that it is the responsibility of the parents to provide safe street crossing for their children. MOTICN A motion was made. by Councilwoman Schafer, seconded by City Manager Vice Mayor Johnson, directing the City Manager to review Directed to Review the needs and various alternatives on the financing Need for Crossing methods for crossing guards Citywide and that a report Guards Citywide be brought back to the Council within 90 days. The motion carried 5-0. Tn�RRANTS On motion by Councilwoman Hertzog, seconded by Council - MOTION man McFarland, Warrant Resolution 1233 was approved by Warrant 1233 the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilman McFarland, seconded by Council - MOTION woman Hertzog, Warrant Resolution 1234, including Warrant 1234 Payroll 8323, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager requested that an urgency ordinance be adopted amending certain sections of the Municipal Sales and Use Code pertaining to sales and use tax law. The reason Tax Law for this ordinance and its urgency is that Assembly Bill 900, which would have continued the exemption for waterborne vessels, was vetoed by the Governor, mean- ing that this exemption then would expire January 1, 1984. In order to continue to have the State collect our sales tax, we must always keep our Municipal Code in exact correspondence to State law on these matters. MOTION On motion by Vice Mayor Johnson, seconded by Council - Urgency man McFarland, Ordinance 83-30, being AN ORDINANCE OF Ordinance 83-30 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted AMENDING TITLE 16, CHAPTER 2, OF THE COSTA MESA MUNICI- PAL CODE REGARDING THE SALES AND USE TAX ADMINISTERED BY THE STATE BCARD OF EQUALIZATION, was adopted 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 that this was the time and place Appeal of ZE-77-235R set for the public hearing to consider the appeal of Sellers/Andranian the Planning Commission's denial of Zone Exception ZE-77-235R, from William J. Sellers, authorized agent for S.. A. Andranian, et al, 1530 Anita Lane, Newport Beach, for a Conditional Use Permit for an existing 1 auto repair business, located at 2044 Placentia Avenue in an MG zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. Douglas Clark, Development Services Director, reviewed staff's memorandum of December 1, 1983, which contains the history of this permit. The original request was approved by the Planning Commission on November 14, 1977, to conduct automotive engine and car restoration subject to 14 conditions of approval. A two-year exten- sion was granted on January 8, 1979. At that time, the cash deposit for the improvement of Palace Avenue, required under Condition No. 6, had not been satisfied; however, the applicant indicated a willingness to pay the deposit. Mr. Clark pointed out that no further renewals had been requested, as required, until August 24, 1983. Staff inspected the site and found that Condition Nos. 2, 3, 4, 6, 7, 8, 9, 10, 13, and 14 were not being satisfied and recommended that this item be continued to the Planning Commission meeting of November 14, 1983, to allow the applicant sufficient time to satisfy these conditions. Applicant did not contact staff until November 7, 1983, regarding compliance with the condi- tions and estimated that he would not be able to satisfy the conditions for another six months. Additionally, at the Planning Commission meeting, Mr. Andranian objected to Condition No. 6, requirement for cash deposit, stat- ing tating that he is unwilling to comply with this condition. Mr. Clark concluded his summary by reporting that the business owner's appeal is based mainly on staff's express concern about the outdoor work and storage. A solution to the outdoor storage of cars could be agreed upon; however, a separate Conditional Use Permit will be required. The Planning Commission's denial was based on the fact that the conditions are still unsatisfied after six years, that the applicant has not made an effort to renew the permit, and that the property owner has objected to satisfying Condition No. 6 although he accepted that condition when the item was originally processed. The applicant, Mr. S. A. Andranian, was present and stated that he is not objecting to the requirement for a cash deposit for approximately $10,000.00; however, he is objecting to his having to deposit that money now instead of when the City is ready to improve Palace Avenue. Mr. Andranian pointed out that it has been six years since he applied for the original Conditional Use Permit and there is still no indication as to when the City intends to make improvements. William Sellers, owner of the auto repair business at 2044 Placentia Avenue, stated that the Planning Commis- sion determined that he was storing vehicles; however, he questioned the Commission's definition of "storage". Mayor Hall mentioned -that complaints had been received concerning outdoor spray painting and work being done out-of-doors. Mr. Sellers responded that spray painting is not done at his shop, that he had only sprayed primer on a vehicle, and that outdoor work is an exception rather than the rule. In response to Mayor Hall's question, Mr. Sellers stated that if the permit is approved, he will apply for the required Conditional Use Permit and refrain from outdoor work until the new permit is approved. J 197 During further discussion, Mr. Sellers commented that parking is not a problem and felt that he had a right to store vehicles on the property. In.order to_.,clarify'which.conditions are the responsi- bility of the property owner and those which are the responsibility of the business owner, Mayor Hall verified with the Development Services Director that Conditions Nos. 2, 3, 6, and 7 must be completed by the property owner; Condition Nos, 8, 9; 10, 13, and 14 must be satisfied by the business owner. Considerable discussion ensued concerning the require- ment for a cash deposit as stated in Condition No. 6 for Zone Exception ZE-77-235. The Council Members agreed that it is unfair to ask for a deposit from only one property owner and not the others, especially since there are no plans for improvement at this time. The Public Services -Director stated that the Council has the right to waive the cash deposit requirement. Mayor Hall commented that the condition for a cash deposit will probably be deleted; however, he asked how much time Mr. Andranian will need to comply with the other conditions. The applicant responded that he could complete the work in 90 days. Mr. Andranian also agreed to meet with staff concerning signage. The remaining conditions which are to be met by Mr. Sellers were reviewed and clarified. Sid Soffer, 900 Arbor Street, Costa Mesa, voiced his objection to the need for a Conditional Use Permit and the conditions imposed by the City. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that he has a similar business in the City and that he does not understand the need for a Conditional Use Permit. Mayor Hall responded that the only item being considered now is the applicant's permit, and that if Mr. Odegaard wanted to discuss the ordinance in general, it will have to be done at another time. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilman McFarland to approve ZE-77-235R Zone Exception ZE-77-235R, subject to conditions with Approved the following changes: Delete Condition No. 6 which was imposed for the original permit, requirement for a cash deposit for improvement of Palace Avenue; Delete Condition No. 2 for Zone Exception ZE-77-235R, "Submit improvement plans for and fully improve the westerly half of Palace Avenue to its ultimate width per City of Costa Mesa Master Plan of Highways standards"; and add the following two conditions: "All conditions and ordinance requirements shall be fulfilled within 90 days of City Council action"; and, "Applicant shall cease all outdoor work and storage until approval of a new Conditional Use Permit". The motion carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place Council Review set for the public hearing for Council review of Zone of ZE-83-121 Exception ZE-83-121, Rodriquez Engineers, authorized Rodriquez/Botts agent for Jack Botts, 2490 Fairview Road, for a Condi- onditional tionalUse Permit to allow off-site parking by Pacific Amphitheatre patrons on a seasonal basis, for property located at the above address in a C1 -CP zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No ca munications have been received. • The Planning staff recommended denial; the Planning Commission approved the permit for one year subject to conditions. The applicant was not present. Mayor Hall announced.that he had asked for Council review of this application for the reason that the same request was approved for Costa Mesa High School until the end of the calendar year so that Council could re-evaluate off-site parking for next season. Mayor Hall felt that if a re-evaluation is to be made in the Spring, then approval of these types of requests should all expire at the same time. Councilwoman Hertzog expressed opposition to off-site parking at this location. In response to Councilman McFarland's question, the Development Services Director explained that the expires tion date for the high school zone exception permit is December 31, 1983, and that the school must re -apply next year. Bill Kessel, 1122 Mission Drive, Costa Mesa, member of Concerned Citizens of Costa Mesa, expressed opposition to off-site parking for Pacific Amphitheatre patrons. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that he has residential property in the area of the amphitheatre, and spoke in support of the request. Sid Soffer, 900 Arbor Street, Costa Mesa, also spoke in support of the application. James Lusk, 947 Serra Way, Costa Mesa, asked that all requests for -off-site parking for amphitheatre patrons be heard on the same date so that the citizens will be able to voice their opinions at one meeting. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Vice ZE-83-121 Approved Mayor Johnson, Zone Exception ZE-83-121 was approved with Expiration on with an expiration date of December 31, 1983, subject December 31, 1983 to conditions. The motion carried 4-1, Councilwoman Hertzog voting no. RECESS The Mayor declared a recess at 8:20 p.m. and the meet- ing eeting reconvened at 8:30 p.m. MOTION The Clerk announced that this was the time and place Appeal of ZE-83-153 set for the public hearing for an appeal of the Planning Evans/Ellegard/ Commission's denial of Zone Exception ZE-83-153, from First American James Evans and Ken Ellegard, authorized agents for Trust First American Trust, 114 East Fifth Street, Santa Ana, for a Conditional Use Permit for the expansion of an existing automobile sales business and a variance from landscape and parking requirements, located at 2845 Harbor Boulevard in a Cl zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from Morris Ojena, 1456 San Carlos Avenue, Apartment 103, San Carlos, in opposition to the proposed expansion. The -Development Services Director reported that the Planning Commission denied the request based on the findings that the proposed project did not comply with development standards for projects in a Cl zone and that no site hardship exists to justify the requested parking and landscape variances. Since that time, the applicant has redesigned the site plan to provide suffi- cient ufficient parking and some interior and setback landscaping. In view of the redesigned site plan, the Planning staff is recommending approval of the request subject to conditions contained in the Staff Report, and with the following additional condition: "Applicant shall restripe lot to provide 48'spaces, with a mixture of standard and compact spaces as required by Code, when the use is converted from a small car dealership". Authorized agent, James Evans, was present and agreed to all conditions, including the added condition recom- . mended by staff; however, Clyde Bruner, also represent- ing epresenting the applicant, stated that there was a problem regarding Condition No. 11, "Applicant shall bring all signs into conformance with Costa Mesa's Sign Ordinance". Mayor Hall suggested that applicant meet with the plan- ning staff to clarify the sign requirements. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council- ZE-83-153 woman Schafer, and carried 5-0, the Negative Declaration Approved of Environmental Impact was adopted, and Zone Exception ZE-83-153 was approved subject to all conditions including the condition added by the Planning staff. NEW BUSINESS The Clerk presented Encroachment Permit EP -83-10, Mark Chi, authorized agent for Kwong Cheong Lam, 211 Amethyst EP -83-10 Avenue, Newport Beach, for landscaping to encroach into Chi/Lam the public right-of-way, located at 628 West 19th Street in a Cl zone. Environmental.Determination: Exempt. The Planning Commission and Planning staff recommended approval subject to conditions. The applicant was not present. MOTION On motion by Councilwoman Schafer, seconded by Vice EP -83-10 Mayor Johnson, and carried 5-0, the permit was approved Approved subject to conditions contained in the Staff Report. ORAL. Sid Soffer, 900 Arbor Street, Costa Mesa, requested that COMM[.NICATIONS discussion be held regarding Conditional Use Permits. Mayor Hall suggested that Mr. Soffer submit all his questions in writing so that there will be no mistake as to what information he desires from the City. COUNCILMANIC Councilwoman Schafer made a motion directing staff to COMMENTS begin necessary traffic and engineering studies to re-evaluate the present scope of Del Mar Avenue and to Del Mar Avenue submit a report to Council within 90 days on alternate alignments based on available information from the City of Newport Beach. The motion.was seconded by Vice Mayor Johnson, and carried - ADJOURNMENT The Mayor declared the eeti adjo ned a 8: f. Mayor of the City of Cos Mesa ATTEST: ity Clerk of the City of Costa Mes