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HomeMy WebLinkAbout12/17/1984 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 17, 1984 The City Council of the City of Costa Mesa, met in regular session on December 17, 1984, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Chaplain Lloyd Sellers, Hoag Memorial Hospital - Presbyterian. ROLL CALL Council Members Present: Hartzog, Hornbuckle, Schafer, Hall, reeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Council Member Schafer, seconded by Council December 3 and Member reeler, and carried 5-0, the minutes of the 10, 1984. regular meeting of December 3, 1984, were approved as distributed and posted. On motion by Council Member Hall, seconded by Council Member reeler, and carried 5-0, the minutes of the adjourned regular meeting of December 10, 1984, were approved as distributed and posted. ORDINANCES A motion was made by Council Member reeler, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. ORAL COMMUNICATIONS Doug Yates, 274 Cecil Place, Costa Mesa, requested clarification of the Council action taken on December 3, ZE-84-193 1984, concerning Zone Exception ZE-84-193, for Metro Arnel Business Center (Arnel) , specifically, he asked if this application will cane before Council again after the plan has been amended to meet Code requirements. Mayor Hartzog responded that the action taken at the last meeting was final. Mr. Yates camnented that when the applicant provides the required amount of parking spaces, it will probably result in a reduction in the number of units. Council Member Schafer explained that no variances were approved except the setback variance, and that the project must meet the exact requirements of the Code. She also pointed out that the developer must submit a redesign to staff if that is the only means for him to meet those Code requirements. The Development Services Director referred to the motion .made by Council limiting the density to 27.9 units per acre, directing that the parking must meet Code stand- ards, and if necessary, reduce the number of units in order to meet those requirements. Mayor Hartzog mentioned that Council also directed that the parking facility on the adjacent camnercial prop- erty shall be made available for overflow parking frau this project. 90i Council Member Wheeler pointed out that at his request, the motion was amended to specify that the additional guest parking mentioned by Mayor Hartzog shall not be included in the number of spaces required to meet the parking standards. Mr. Yates expressed his opinion that the amended plan should cone back to Council so that it could be reviewed by the public. Tourism in Doris Jawor, 2521 Southport Street, Laguna Hills, spoke Orange County concerning the need to promote tourism in Orange County because it generates the greatest amount of revenue. Ocean Development/ Mayor Hartzog announced that the public hearings for Barto/Tarnutzer Ocean Development Ccmpany, Incorporated, authorized Public Hearings agent for Barto/Tarnutzer, will be continued to Janu- ary 7, 1985. CONSENT CALENDAR The following items were removed from the Agenda: Items 10(a), 10(b), and 10(c), concerning disposition of excess right-of-way on Del Mar Avenue east of Elden Avenue. On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the remaining Consent Calendar items were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ^W31WU4DR1 COMMUNICATIONS On motion by Council Member Schafer, seconded by Council Member Wheeler, Resolution 84-140, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for Fire Department AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE DEPARTMENT OF THE CITY' OF COSTA MESA, PURSUANT TO ORDINANCE NO. MOTION 75-60, was adopted by the following roll call vote: Resolution 84-140 AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Adopted Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney James J. DiCesare on behalf of Jill Anne O'Keefe; Attorney John A. Montevideo on behalf of Aggie Roca; Mark C. Scott; and Terrilee A. Sledge. Alcoholic Beverage Alcoholic Beverage License applications for which Licenses parking has been approved by the Planning staff: Scott Truesdell, doing business as The Tin Lizzie, 752 St. Clair Street; and Best Bagel Restaurants, Incorporated, doing business at 2340 Harbor Boule- vard. Stringfellow A resolution from the City of Huntington Beach Hazardous Waste requesting the Orange County Sanitation District Disposal Site to reconsider its action in approving the dis- charge of pretreated ground water from the Stringfellow Hazardous Waste Disposal Site into the Pacific Ocean at Huntington Beach. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Teen Challenge Purpose has been received fron Teen Challenge of South- ern California, Incorporated, 5445 Chicago Avenue, Riverside, by sale of pancake breakfast tickets frau MOTION December 17, 1984, through April 13, 1985. On motion Permit Approved by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234J. SET FOR PUBLIC HEARING On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the following item was set for public hearing on January 7, 1985, at 6:30 p.m.: R-84-18 rezone Petition R-84-18, City of Costa Mesa/Leisure City/Leisure Services Deparhnent, to rezone the Rea Community Center Services property at 661 Hamilton Street from I and R -S (Institu- tional and Recreational - School) to I and R (Institu- tional and Recreational). Environmental Determination: Negative Declaration. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Council Chapel of the Member Wheeler, and carried 5-0, the claim fran Chapel Times of the Times Memorial Park was rejected. Silverman On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from David S. Silverman was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item 650, Pavement Markers, are on file in the Clerk's office. On motion by Council Bid Item 650 Member Schafer, seconded by Council Member Wheeler, the Pavement Markers contract was awarded to J and S Sign Company, Incorpor- ated, 822 Wast Katella Avenue, Orange, in the amount of MOTION $6,095.00, being the lowest bid meeting specifications. Awarded to The motion carried by the following roll call vote: J and S Sign AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Civic Center One bid received for Landscape Improvements for the Parking Lot Civic'Center Parking Lot is on file in the Clerk's Landscaping office. On motion by Council Member Schafer, seconded by Council Member Wheeler, the contract was awarded to MOTION De Armond Construction, 9311 Jersey Avenue, Suite H, Awarded to Rancho Cucamonga, in the amount of $21,490.00. The De Armond motion carried by the followng roll call vote: Construction AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 The Director of Leisure Services has requested approval HJH Western of Change Order No. 1, in the amount of $16,475.14, to Contractors the contact with HJH Wastern Contractors, Incorporated, 14450 Hoover Street, Wastminster, in connection with Fair Drive installation of drainage culverts on Fair Drive frau Drainage Culverts Harbor Boulevard to Fairview Road. Additional work is required to correct drainage culvert elevations and MOTION associated curb and gutter. On motion by Council Member Change Order Schafer, seconded by Council Member Wheeler, the change Approved order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Ccmmercial The Ccanunity Development Coordinator has requested that rehabilitation Council approve amended guidelines to the Commercial Program rehabilitation Program for the demonstration block located east of Newport Boulevard between 18th Street and Broadway. The Coordinator has also requested approval of agreements necessary to implement the program. The present guidelines provide for maximum 2 funding of $175.00 per lineal foot. Because of the unusual configuration of some of the structures, some buildings have a greater amount of lineal feet than others. In view of this, staff has recamnended that an additional component be added to the program provid- ing these property owners the opportunity to receive low-interest loans (seven percent) for the amount exceeding $175.00 per lineal foot. MOTION On motion by Council Member Schafer, seconded by Council Amended Guidelines Member Wheeler, and carried 5-0, the amended guidelines Approved were approved as recommended. Agreement with A motion was made by Council Member Schafer, seconded by Thirtieth Street Council Member Wheeler, to approve an agreement with Architects Thirtieth Street Architects, 2821 Newport Boulevard, Newport Beach, in an amount not to exceed $40,000.00, MOTION for preparation of working drawings and related docu- Agreement ments for the Commercial Rehabilitation Program. The Approved motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with A motion was made by Council Member Schafer, seconded by Woodward Dike Council Member Wheeler, to approve the agreement with Woodward Dike, Incorporated, 479 Ocean Avenue, Suits D, MOTION Laguna Beach, in an amount not to exceed $27,348.00, for Agreement landscape and architectural plans and related documents Approved for the Cammercial Rehabilitation Program. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler _ NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with A motion was made by Council Member Schafer, seconded by Martin Project Council Member Wheeler, to approve the agreement with Management Martin Project Management, 5030 Clark Avenue, Lakewood, in an amount not to exceed $21,000.00, for services to MOTION administer the construction and Davis Bacon requirements Agreement for the Commercial Rehabilitation Program. The motion Approved carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with A motion was made by Council Member Schafer, seconded by Security Pacific Council Member Wheeler, to approve the agreement with Bank Security Pacific Bank, 8141 Second Street, Suite 330, Downey, for processing low-interest loans for the Con - MOTION mercial Rehabilitation Program. The motion carried by Agreement the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AHFP Certification A motion was made by Council Member Schafer, seconded for 19th Street by Council Member Wheeler, approving the right-of-way certification for the Arterial Highway Financing MOTION Program (AHFP) for 19th Street, from Park Avenue to Oartification Fullerton Avenue, and authorizing the Mayor and Clerk Approved to sign on behalf of the City. The motion carried 5-0. Weed Abatement The Fire Prevention staff has recommended that Council Cancellation cancel the weed abatement assessment for two parcels because the incorrect parcel numbers were taken from 1 MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 84-142 Member Wheeler, Resolution 84-142, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, URGING THE ORANGE COUNTY BOARD OF SUPERVISORS TO ADOPT "THE WORKABLE AIRPORT SOLUTION" IN THE MASTER PLAN FOR JOHN WAYNE AIRPORT, was adopted as mended by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Inter -County Vice Mayor Hornbuckle stated that the film referred to Airport the Inter -County Airport Authority and asked if the Authority City of Costa Mesa had ever been involved with that caianittee. The City Manager responded that Costa Mesa has never been a part of that Joint Powers Agreement.. Council Members Hornbuckle and Wheeler expressed inter- est in Costa Mesa's involvement with the Airport Authority, and the City Manager responded that he would attempt to obtain a proposal frau the present Joint Powers Agreement members. Visitor and The Clerk presented two recconendations concerning the Travel Bureau Visitor and Travel Bureau: appointment of two Council Members to the Bureau's Board of Directors; and authori- zation for the City Manager to pay the second half of the 1984-85 installment to the Bureau. Bob Seddelmeyer, General Manager of the Westin South Coast Plaza Hotel, representing the Visitor Bureau, stated that he did not have a presentation to make this evening and asked that he be allowed to make his report in approximately 30 days. Mayor Hartzog suggested that two Council Members be appointed to the Visitor Bureau Board and asked for volunteers. Council Members Schafer and Hall offered, to serve on the board.. During discussion, it was suggested that Mr. Seddelmeyer make his presentation at the meeting of February 4, 1985, since Council Member Schafer would not be present at the meeting of January 21. rel W, OWLVA the Assessor Parcel Maps. The two parcels are located at 2529 Santa Ana Avenue and at 544 Victoria Street. MOTION On motion by Council Member Schafer, seconded by Council resolution 84-141 Member Wheeler, Resolution 84-141, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING CANCELLATION OF ASSESSMENTS FOR WEED ABATE- MENT PURPOSES FOR THE 1984 TAX YEAR, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS Council Member Evelyn Hart and Ken Delino frau the John Wayne City of Newport Beach were present and showed a 15 - Airport minute narrated film concerning the future of John Wayne Airport, and potential impacts on the surround- ing cities. Council Member Wheeler referred to a resolution which the City of Newport Beach has requested that Council adopt. He recommended that "The Workable Airport Solu- tion" be included in the Master Plan for the airport, rather than being adopted as the Master Plan. Nawport Beach Council Member Hart agreed that this change would be appropriate. 1 MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 84-142 Member Wheeler, Resolution 84-142, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, URGING THE ORANGE COUNTY BOARD OF SUPERVISORS TO ADOPT "THE WORKABLE AIRPORT SOLUTION" IN THE MASTER PLAN FOR JOHN WAYNE AIRPORT, was adopted as mended by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Inter -County Vice Mayor Hornbuckle stated that the film referred to Airport the Inter -County Airport Authority and asked if the Authority City of Costa Mesa had ever been involved with that caianittee. The City Manager responded that Costa Mesa has never been a part of that Joint Powers Agreement.. Council Members Hornbuckle and Wheeler expressed inter- est in Costa Mesa's involvement with the Airport Authority, and the City Manager responded that he would attempt to obtain a proposal frau the present Joint Powers Agreement members. Visitor and The Clerk presented two recconendations concerning the Travel Bureau Visitor and Travel Bureau: appointment of two Council Members to the Bureau's Board of Directors; and authori- zation for the City Manager to pay the second half of the 1984-85 installment to the Bureau. Bob Seddelmeyer, General Manager of the Westin South Coast Plaza Hotel, representing the Visitor Bureau, stated that he did not have a presentation to make this evening and asked that he be allowed to make his report in approximately 30 days. Mayor Hartzog suggested that two Council Members be appointed to the Visitor Bureau Board and asked for volunteers. Council Members Schafer and Hall offered, to serve on the board.. During discussion, it was suggested that Mr. Seddelmeyer make his presentation at the meeting of February 4, 1985, since Council Member Schafer would not be present at the meeting of January 21. rel W, OWLVA The City Manager suggested that Council approve an allo- cation of $5,000.00 because that amount is needed by the Bureau prior to the February 4 meeting. Scott Williams, Santa Clara Circle, Costa Mesa, opposed allocation of City funds to the Bureau and suggested that the money be donated to youth organizations. Sid Soffer, 900 Arbor Street, Costa Mesa, stated he has always been opposed to the City's contributing to the Visitor Bureau. Council Member Schafer pointed out that the City has only made a ccsnmitment to allocate funds for three years. . Council Member Hall staged that it is typical for cities to invest in tourism, and that the return is approxi- mately $200.00 for each dollar invested. He further cammented that the City has made a three-year cmmit ment, and in view of that, he would support allocation of $5,000.00 suggested by the City Manager until a deci- sion has been made as to whether or not the Visitor Bureau will continue to exist. MOTION A motion was made by Council Member Hall, seconded by Funds Authorized Council Member Schafer, authorizing the City Manager to pay $5,000.00 to the Bureau. No more funds will be allocated until a decision has been reached concerning the continuation of the Bureau. , Council Member Wheeler ccu mented that he felt the ratio of return mentioned by Council Member Hall is too high, and he opposed using tax dollars to subsidize private businesses. Council Member Wheeler suggested that the Bureau should match the funds being allocated by the City. Vice Mayor Hornbuckle recammended that no funds be released until the Council's representatives are informed of the Bureau's activities in the past month. Bob Seddelmeyer responded that the money is needed to pay the remaining salary of the outgoing Executive Director. Mayor Hartzog called for a vote on the motion to authorize payment of $5,000.00 to the Bureau. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Schafer, Hall NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Wheeler, seconded by Vice Appointments Mayor Hornbuckle, and carried 5-0, Council Members made to Visitor Schafer and Hall were appointed to the Visitor Bureau Bureau Board Board of Directors. Vector Control The Clerk presented a request from the Orange County Appointment Vector Control District, Post Office Box 87, Santa Ana, to re -appoint William Bandaruk, or a successor, for the next two-year term of office ending December 31, 1986. MOTION Council Member Hall made a motion to re -appoint Bill Bandaruk Bandaruk to the Vector Control Board for an additional Re -appointed two years. The motion was seconded by Council Member Wheeler; and carried 5-0. Council Member Schafer suggested that a letter of can- mendation to Mr. Bandaruk, and Mayor Hartzog responded that she had intended to send a carnnunication to him 1 expressing appreciation for the outstanding work he has done in.representing the City on the Vector Control Board. Senior Citizens The Clerk presented a recommendation from the City Committee Manager to establish a Senior Citizens Committee since the Council had previously indicated a desire to form such a group. Details concerning the committee are contained in the City Manager's memorandum dated Octo- ber 22, 1984. Mayor Hartzog regLested that all persons interested in serving on the Committee should direct their resumes to her by January 31, 1985. Council Member Wheeler moved to proceed with the forma- tion of a Senior Citizens Committee consisting of eight members, all to be appointed by the City Council, and that there shall be no age limitation for eligibility to serve on this board; also, that all resumes are to be submitted to the City Manager by January 31, 1985. The motion was seconded by Council Member Schafer. AMENDED MOTION After discussion, Council Member Wheeler amended his Formation of motion to include that one Council Member shall be Committee appointed as a liaison between Council and the Commit- Authorized ommitAuthorized tee, that the resumes are to be addressed to the Mayor, and that nine members, instead of eight, shall be appointed by the City Council. The amended motion was seconded by Council Member Schafer, and carried 5-0. WARRANTS On motion by Council Member Hall, seconded by Council Member Wheeler, Warrant Resolution 1271, including Pay" MOTION roll 8424, was approved by the following roll call vote: Warrant 1271 AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Approved 'Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS 'Ihe City Attorney summarized his memorandum of December 12, 1984, concerning the noise problem at the Pacific Pacific Amphitheatre, and reccm ended that the Council consider Amphitheatre taking action against the performers for violating the City's noise ordinance, and to take appropriate legal action to require the Amphitheatre to obtain an enter- tainment permit. MOTION Closed Session On motion by Council Member Wheeler, seconded by Council Scheduled Member Schafer, and carried 5-0, a closed session was scheduled to be held immediately following regular business. CITY MANAGER REPORTS The City Manager presented a resolution which would adopt amended and restated personnel rules and regula- Amended Personnel tions. The changes encompass such issues as Longevity Rules and Regu- and Scholastic Achievement, pre -disciplinary safeguards, lations industrial accident leave, grievance procedure, as well as a number of housekeeping type of wording changes. MOTION On motion by Council Member Schafer, seconded by Council Resolution 84-143 Member Wheeler, Rasolution 84-143, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE AMENDED AND RESTATED PERSONNEL RULES AND REGULATIONS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler None None PUBLIC HEARINGS The Clerk announced the public hearings, continued from Ocean Development/ the meeting of December 3, 1985, for Ocean Development Barto/Tarnutzer Company, Incorporated, authorized agent for Barto/ Tarnutzer Venture I, 2915 Rad Hill Avenue, Suite F-200, Costa Mesa, for property located on 11 acres at the western terminus of West 18th Street: EIR for GP -84-3A Environmental Impact lLaport for General Plan Amend- ment GP -84-3A; GP -84-3A General Plan Amendment GP -84-3A, to change the land use designation from Medium Density Residential to High Density Residential. R-84-17 Rezone Petition R-84-17, to change the zoning from PDR -MD (Planned Development IL- sidential - Medium Density) to PDR -HD (Planned Development lbsidential - High Density) . Master Plan Amendment to the Master Plan of Highways to delete Amendment the future extension of Wast 18th Street. MOTION A motion was made by Council Member Schafer, seconded by Held Over Council Member Hall, to continue the public hearings to January 7, 1985, as requested by the applicant. Council Member Wheeler expressed his opinion that the applicant was abusing the process by requesting another continu- ance. He asked that the applicant be advised that definite action will be taken at the January 7 meeting. The motion to continue these items carried 4-1, Council Member Wheeler voting no. PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of for the public hearing concerning an appeal of the Plan- ZE-84-202 ning Commission's denial of Zone Exception ZE-84-202, Luminart Neon/ from Luminart Neon Company, Incorporated, 4550 East Comprehensive Olympic Boulevard, Los Angeles, authorized agent for Care Comprehensive Care, 660 Newport Center Drive, Newport Beach, for a sign variance at 330 West Bay Street in an R3 zone. Env irormental 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 December 11, 1984, and showed slides of the site. The Planning Commission denied the sign variance to allow a ground sign five feet high and containing 26 square feet. A ground sign five feet in height with a maximum of 15 square feet is permitted. The appellant has stated that the facility, a treatment center for alcohol dependency, is located in an R3 zone; however, it has been allowed to operate commercially by virtue of the granting of Zone Exception ZE-83-129, justifying a sign more commercial in nature. When the Planning Commission approved the Conditional Use Permit, it was based on the applicant's statements and staff's findings that the treatment use is "conpatible with the residential zoning, being semi -residential in nature, and provides a transition between residential and com- mercial development". Staff has noted that signs in residential zones are to provide identification of the site only, not to provide advertising. Also, a sign as required by Code should be sufficient as patients are referred to the treatment center by outside doctors and hospitals and many are transferred from other hospi- tals or brought to the facility by family or employer. In conclusion, the Director pointed that a similar application was made by the Page School on Victoria 1 1 I. Street; however, the request was denied by the Planning Commission as no site hardship existed to justify the variance. Denial of this sign variance is consistent with the denial of the Page School sign. Richard Scott Demerjian, representing the Luminart Neon Ccmpany, stated that he was not aware until he received staff's memorandum that an internally illuminated sign is not allowed at the site. He camnented that adequate letter size is necessary to identify the facility. Council Member Schafer stated that the proposed sign is not appropriate for the residential area. Council Member Wheeler -asked various questions of Mr. Demerj ian concerning the design of the sign. During discussion, the Development Services Director reported that the portion of the address "I%bst Bay Street" is not necessary, only the street number. The Director also mentioned that the street number could be put on the wall; however, Mr. Demerj ian stated he preferred the street number to be on the sign. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that he has always been opposed to the Sign Ordinance. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Wheeler, seconded by Council ZE-84-202 Member Schafer, and carried 4-1, Council Member Hall Denied voting no, Zone Exception ZE-84-202 was denied. PUBLIC HEARING The Clerk'announced that this was the time and place Change of Public set for the public hearing to consider public testimony, Use in Parking information, and input regarding a proposed detemina- District and tion that a portion of public property used for parking Downtown Project places is not needed for that public use, and that such Area property should be devoted to some other public use of general benefit to the area of Vehicle Parking District No. 1 and the Downtown redevelopment Project Area. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Sid Soffer expressed his opinion that parking is needed in this area and that no spaces should be deleted at this time. There being no other speakers, the Mayor Closed the public hearing. MOTION on motion by Council Member Hall, seconded by Council resolution 84-144 Member Wheeler, resolution 84-144, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT A PORTION OF PUBLIC PROP- ERTY NOW DEVOTED TO PUBLIC PARKING PURPOSES IS NOT NEEDED FOR THAT PUBLIC USE, AND DEVOTING SUCH PROPERTY TO ANOTHER PUBLIC USE, was adopted by the following roll call vote: AYES:- COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:15 p.m., and the met- ing eeting reconvened at 8:25 p.m. NEW BUSINESS The Clerk presented Zone Exception ZE-84-200, Mola ZE-84-200 Development Corporation, authorized agent for C. J. Mola Development/ Segerstran and Sons, 3315 Fairview Road, Costa Mesa, Segerstran for a Final Development Plan for a 715 -unit apartment project, with a variance from parking design standards on a parcel containing approximately 14.3 acres, located at the southwest corner of Pinecreek Drive and Village Way in a PDR -UC zone. Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -82-1A. Also presented was a request to approve mortgage revenue bond financing for the project. The Development Services Director reported that each item would be presented separately. The Director reviewed the project as detailed in staff's memoranda of December 12, 1984, and the Planning Staff Report. He pointed out that the requested variance from parking design standards is no longer necessary as the applicant has indicated that the site will be designed to satisfy Code requirements. During his summary of the reports fron staff, he commented that projects are per- mitted to exceed the minimum density entitlement of 30..1 units per acre (50 per acre is being proposed) to the extent that certain criteria are met as set forth in the Planned Development Ordinance. Although the project does not meet all nine of the applicable density criteria, staff has found that the degree to which the project exceeds other more significant criteria (open space, perimeter setbacks, provision of low- and/or moderate -income housing, and energy conservation) out ve igh the lack of conformance with the one criterion related to recreational vehicle storage. At their meeting of December 10, 1984, the Planning Commission determined that the Environmental Impact Report which was accepted on March 15, 1982, is applic- able to this project; and recommended approval of Final Development Plan ZE-84-200, subject to modifica- tions and conditions contained in the Staff Report. Frank Mola, President of Mola Development Corporation, agreed to all conditions except for the requirement contained in Condition No. 58 for a $475.00 deposit per dwelling unit for the Regional Transportation Improvement Fund. He indicated that the fee should be calculated at $58.00 per trip end, based on six trip ends per unit. Mr. Mola answered questions from the Council concerning recreational facilities, square footage of the patios, guest parking provisions, and water and energy conservation. Mr. Mola also responded to questions from Council Member Wheeler concerning his request to have traffic costs reduced from $475.00 to $348.00 per unit, and explained the gas and water heating. The plans are for one water heater for each building which will generate heat for the units. This type of system utilizes a blower system instead of forced air. Mr. Mola agreed with Mayor Hartzog's suggestion to install double -paned windows on the westerly side of the project for those units near the car agency and parking lot. Mr. Mola also agreed to sut mit improve- ment plans and specifications for a traffic signal to be constructed at Baker Street and College Avenue, and fund and construct that signal. This requirement is part of Condition No. 58. A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, to deny Zone Exception ZE-84-200 and related matters. 1 ii L Roy Andreen, 2769 Cibola Avenue, Costa Mesa, stated that he has been concerned about this project because of the traffic it will generate. Vice Mayor Hornbuckle ccmmented that too many high density projects have been approved in recent months, totaling approximately 1,751 units if this project is approved.. She also mentioned projects that will be craning before Council in the near future. She stated that based on this information, she could not vote to approve the Mola project because traffic has not been adequately addressed. Council Member Wheeler stated that the density for the project is too high, and suggested that if the developer wanted to spend less for the traffic fund, he should reduce the number of units. Council Member Hall indicated that he would be voting against the motion. He mentioned that other developers have been paying $58.00 per trip end and that Mr. Mola should be assessed the same amount. Council Member Hall stated that the PDR -UC zone was decided upon two or three years ago because of the lack of housing in the City. Mayor Hartzog expressed her approval of the project because it would enable same residents to walk to work or school, and that there is a need for rental units in the City. The Mayor called for a vote on the motion to deny the request. The motion failed to carry 3-2, Council Members Hartzog, Schafer, and Hall voting no. MOTION A motion was made by Council Member Hall determining EIR Accepted that the Environmental Impact Report accepted March 15, 1982, adequately addresses the current project. The motion was seconded by Council Member Schafer, and carried 3-2, Council Members Hornbuckle and Wheeler voting no. MOTION A motion was made by Council Member Hall, seconded by ZE-84-200 Council Member"Schafer, to approve Zone Exception Approved ZE-84-200 based on staff's analysis and findings, the reccnmendations of the Planning Ca mission, and with the following modifications: Condition No. 58: a deposit shall be made for the Regional Transportation Fund prior to building permits being issued, under the direction of the Director of Public Services, based on the current standard of $58.00 per trip end; Condition No. 1: that an addition may be made that the recreational amenities as so presented in the plan do, in fact, meet the requirements of Condition No. 1 as to providing a recreational area suitable to the needs of residents with children; and subject to modifications to conditions recanmended by the Planning Commission at their meeting of December 10, 1984. The motion carried 3-2, Council Members Wheeler and Hornbuckle voting no. Bond Financing 1he Development Services Director referred to staff's for ZE-84-200 evaluation of the bond financing application from Mola Development Corporation. He stated that the Council must decide if the application meets the objectives of Council Policy 500-1 concerning bond financing for rental units. That document stags that a minimum of three policy criteria must be met. Staff has found that it does. Staff has also recommended that another condition be added to provide housing for the handi- capped. MOTION A motion was made by Council Member Hall directing staff Bond Financing to prepare an inducement resolution, and authorizing the Approved Mayor and Clerk to execute a cooperative agreement with the County of Orange which approves the County issued sale of Mortgage Revenue Bonds for the Mola;Development Corporation project with the following conditions: (1) Tvienty percent of the units (affordable units) shall be rented to households earning not more than 80 percent of the County median income.* Rents shall not exceed 30 percent of the income limits established by the County Bond Program. The median ince for two -person households shall be used to compute maximum rents for efficiency and one -bedroom apartments; median income for a family of four shall be used to determine maxi- mum rent for a two-bedroom unit. Median incomes as defined by the County Bond Program shall be used. (2) The mix and proportion of unit types in the affordable program shall be the same as for the development as a whole.* (3) All units shall be maintained as rental units for a period not less than 10 years.* (4) Five percent of the units shall be modified according to Uniform Building Code specifica- tions for access to the handicapped. * Required by California Health and Safety Code Section 52080. The motion was seconded by Council Member Schafer, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None ZE-83-165A The Clerk presented Zone Exception ZE-83-165A, Daniel Dworsky/Sakioka Dworsky, FAIR, and Associates, Incorporated, 2029 Century Park East, Suite 350, Los Angeles, authorized agents for Sakioka Farms, Incorporated, 14850 East Sun- flower Avenue, Santa Ana, for an amendment to a Final Development Plan to allow an increase in rooms from 182 to 213, and modification to the site plan for a previ- ously approved residential hotel located at the north- west corner of Anton Boulevard and Sakioka Drive in a PDR -UC zone. Environmental Determination: Environ- mental Impact Report accepted for General Plan Amendment GP -83-1A. The Development Services Director reported that the Planning Commission and staff have recommended approval of the amendment to the Final Development Plan to allow an increase in rooms from 182 to 213, and modification of the site plan for the Guest Quarters Hotel. The amended proposal reduces the building height from 15 to 13 stories and increases the amount of restaurant and meeting roan facilities by 1,000 square feet. Also, the 14 percent parking variance, approved under Final [1 101 Development Plan ZE-83-165, would be increased to 19 percent. Since the Planning Commission meeting,. the applicant has revised the plans by changing a meeting roam containing 687 square feet to office space. This reduces the park- ing requirements and represents a 14 percent parking variance, the same amount approved under ZE-83-165. Council Member Wheeler moved to discuss the Program at the next Study Session. Zhe motion was seconded by Vice Mayor Hornbuckle. Further discussion ensued during which Council Member Wheeler pointed out that he is only asking that the criteria be discussed. The City Manager advised that any Council Member can request an item to be put on the Study Session Agenda, and that no motion is needed. Council Changes Gregory Serrao, representing the authorized agent, to Developments answered questions frau the Council regarding balcony locations. It was also mentioned that the restaurant caters to hotel guests rather than outside patrons, and no entertairment is offered. MOTION On motion by Council Member Schafer, seconded by Council ZE-83-165A Member Hall, and carried 5-0, Zone Exception ZE-83-165A Approved was approved subject to conditions and modification to the amount of meeting roan area as discussed in staff's memorandum of December 12, 1984. COUNCILMANIC noise problem at the Pacific Amphitheatre. COMMENTS Council Member Wheeler referred to his memorandum dated Pacific November 29, 1984, in which he suggested that the City Patrol Officer institute a Patrol Officer Recognition Program. Recognition Programs directed to take the appropriate criminal legal action MOTIONS Council Member Wheeler made a motion, seconded by Vice City Attorney Mayor Hornbuckle, to request criteria from the Costa Directed to Take Mesa Police Association regarding the establishment of Legal Actions the program detailed in the above-mentioned memorandum. During discussion, Council Member Schafer stated that the City already has a "Police Officer of the Year" award. Mayor Hertzog suggested that this item be dis- cussed at the Council's Coal Setting Meeting. Council Member Hall wanted to study this matter in more detail at a Study Session. The motion failed to carry 3-2, Council Members Hertzog, Schafer, and Hall voting no. Council Member Wheeler moved to discuss the Program at the next Study Session. Zhe motion was seconded by Vice Mayor Hornbuckle. Further discussion ensued during which Council Member Wheeler pointed out that he is only asking that the criteria be discussed. The City Manager advised that any Council Member can request an item to be put on the Study Session Agenda, and that no motion is needed. Council Changes Council Member Wheeler expressed his disagreement with to Developments projects caning before the Council and changes being made as conditions of approval. He felt that the Council should decide if a project meets the needs of the City and the zoning requirements, and then either approve or deny it. ADJOURNMENT TO CLOSED SESSION At 10:10 p.m., the Mayor adjourned the meeting to a closed session in the first floor Conference Roan for the purpose of discussing litigation concerning the noise problem at the Pacific Amphitheatre. MEETING RECONVENED The Mayor reconvened the meeting at 10:55 p.m. Pacific On motion by Council Member Wheeler, seconded by Council Amphitheatre Member Schafer, and carried 5-0, the City Attorney was directed to take the appropriate criminal legal action MOTIONS against the perfonners at the Pacific Amphitheatre who City Attorney have significantly violated the City's noise ordinance Directed to Take this year. Legal Actions On motion by Council Member Hall, seconded by Vice Mayor Hornbuckle, and carried 5-0, the City Attorney was directed to take appropriate legal action to require the Pacific Amphitheatre to obtain an entertainment permit or be enjoined from operating within the City of Costa Mesa. ADJOURNMENT At 11:00 p.m., the Mayor adjourned the meeting to 4:00 p.m. on December 20, 1984, in the Council Chambers of City Hall. ATTEST: CPEy Clerk of the City of Costa sa