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HomeMy WebLinkAbout06/17/1974 - City CouncilW Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 17, 1974 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., June 17, 1974, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Greg Gilroy, St. John the Baptist Church. Council Members Present: Council Members Absent: Officials Present: Wilson, Hammett, Raciti Hertzog Pinkley City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk Bicentennial Hank Panian, representing the Costa Mesa Bicentennial Essay Contest Committee, presented Certificates of Achievement to Howard Gensler of Costa Mesa High School, and Jim Scott of Estancia High School as winners in the Bi- centennial Essay Contest. In addition, they each received a $500.00 cash award for a trip to Washington, D.C. Mr. Panian announced that Annette Humphries of Costa Mesa High School was the runner-up in the contest. Sergeant Botts, of the United States Marine Corps, read a statement congratulating the two winners for their fine achievements. Mr. Gensler and Mr. Scott addressed the Council briefly and thanked all who had made this contest possible. Minutes The Vice Mayor declared the Minutes of the regular June 3, 1974 meeting..of June 3, 1974, approved as distributed and posted as there were no corrections. Mayor Steps The Mayor stepped down briefly from the Council table Down at this point for photographs with the contest winners, and so did not participate in the voting for the next three succeeding items. Ordinances On motion by Councilwoman Hertzog, seconded by Council- man Raciti, and carried, all ordinances will be read by title only. R-74-18 On motion by Councilwoman Hertzog, seconded by Councilman Raciti, Ordinance 74-36, being AN ORDINANCE Ordinance 74-36 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted CALIFORNIA, CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBER 141-081-34 FROM Ml TO Cl -CP, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Pinkley R-74-19 On motion by Councilman Raciti, seconded by Council- woman Hertzog, Ordinance 74-37, being AN ORDINANCE OF Ordinance 74-37 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBERS 141-201-19; 141-201-20; 141-201-21; 141-201-24; 141-201-27; 141-202-01; 141-202-02; 141-202-08; 141- 202-12; 141-202-14; 141-202-15; 141-202-16; 141-192-01; 141-192-03;-141-192-05; 141-192-06; 141-192-07; 141-192-08; 141-192-09; 141-192-11; 141-192-12; 141-192-13; 141-191-27; 141-191-28; 141-191-29; 141-191-32;. 141-191-34; 141-191-35; 141-191-38; 141-191-39; 141-191-40; 141-191-41; AND THE NORTHERLY 99.92 FEET OF 141-351-12 FROM M1 TO ML, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson R-74-20 On motion by Councilwoman Hertzog, seconded by Councilman Raciti, Ordinance 74-38, being AN Ordinance 74-38 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBERS 141-081-11; 141-081-12; 141-081-19; 141-081-20; 141-081-22; 141-081-23; 141- 081-29; 141-082-01; 141-082-02; 141-082-03; 141-082-11; 141-082-14; 141-082-17; 141-082-18; 141-082719; 141-082-20; 141-082-21; 141-082-22; AND 141-082-23 FROM M1 TO ML, was adopted by the follow- ing roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley R-74-22 On motion by Councilman Hammett, seconded by Southern Councilman Raciti, Ordinance 74-39, being AN ORDINANCE California OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- College FORNIA, CHANGING THE ZONING OF A PORTION OF LOT "A" OF THE BANNING TRACT RANCHO SANTIAGO DE SANTA ANA Ordinance 74-39 FROM C2 TO I AND R, was adopted by the following roll Adopted call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Budget 1974-75 The Mayor announced that this was the time and place set for public discussion of the Annual Budget for fiscal year 1974-75, including the budgets of the Costa Mesa Park and Recreation District, the Costa Mesa City Street Lighting Districts, and Vehicle Parking Districts 1 and 2. The affidavit of publica- tion is on file in the Clerk's office. No communica- tions have been received. The City Manager presented a total budget of $17,444,215.00 which includes an operating budget of $12,320,385.00, and a capital improvement budget of $5,123,830.00. The City Manager stated that the Budget also provides for 22 new posi- tions in the City of Costa Mesa, and 17 new positions for the City of Irvine police service. Additionally, two new programs are recommended - one a police motorcycle unit for traffic enforcement and a mobile intensive care unit in the Fire Department. The City Manager requested to.implement the latter pro- gram in December, 1974, instead of April, 1975, as previously requested. Finally, an increase in taxes is reflected in the budget as a result of the recent bond issue for park land acquisition. John Oliver, 3077 Yukon Avenue, Costa Mesa, asked if the additional police personnel requested would reflect an increase in the traffic enforcement service to residential areas. The City Manager answered that this would not necessarily result due to the greater demand for coverage on the major arterials. There 5 being no other speakers, the Mayor closed the public discussion. Operating On motion by Councilman Hammett, seconded by Council -- Budget man Raciti, the Operating Budget for fiscal year 1974-75 was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Park and On motion by Councilwoman Hertzog, seconded by Recreation Councilman Raciti, the Park and Recreation District District Budget for fiscal year 1974-75 was approved by the Budget following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Street On motion by Councilman Raciti, seconded by Council - Lighting woman Hertzog, the Street Lighting Districts Budget Districts for fiscal year 1974-75 was approved by the following Budget roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley. Vehicle On motion by Mayor Wilson, seconded by Councilman Parking Hammett, the Budget for Vehicle Parking Districts 1 Districts and 2 for fiscal year 1974-75 was approved by the 1 and2 following roll call vote: Budget AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Proposed On motion by Councilman Hammett, seconded by Ordinance - Councilman Raciti, and carried, a proposed ordinance Food Handling regarding the food handling industry, was held over Industry to the meeting of July 2, 1974. Held Over Building The Clerk presented from the meeting of June 3, 1974, Moving Permit Building Moving Permit No. 646, Jefferson Trust, 250 No. 646 East 17th Street, Costa Mesa, for permission to move a one-story office building from 3220 South Fairview Held Over Road, Santa Ana, to 1670 Westminster Avenue, Costa Mesa, in a C1 -S zone. Communications have been re- ceived from Streeter G. King, District Manager, Pacific Telephone and Telegraph Company, 250 Ogle Street, Costa Mesa, and Carl Karcher Enterprises, Incorporated, 1200 North Harbor Boulevard, Anaheim, both in favor of the proposed project. Mr. Willard Jordan, 1500 Adams Avenue, Costa Mesa, representing the applicant, addressed the Council and discussed the project in detail. Jack Randall, Trust Real Estate Officer for the Bank of California, who stated that he had been closely involved with property in the area of the proposed project, spoke in support of the request. After discussion, a motion by Councilman Hammett, seconded by Mayor Wilson, to approve the application subject to _conditions, failed to carry, Councilwoman Hertzog and Councilman Raciti voting no. Mr. Jordan asked for a hearing.in two weeks when a full Council would be present. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Council- man Pinkley absent, this item was held over to the meeting of July 2, 1974, when a full Council would be present. 1 1 7— Request for The Clerk presented. °a request from Ben and Maude Rehearing - Selbst to -appeal previous Council decision on Zone ZE-74-40 Exception ZE-74-40,'Laurel Development Company, for permission to construct a 20,000 square foot Set for RB Furniture Decorator Showroom, with a reduction Public Hearing in parking to meet CP standards in a C1 -CP zone. Mrs. Selbst was present and addressed the Council in support of her request. Raymond Totah, 3116 Pierce Avenue, owner of property located at 3098, 3102, and 3106 Acacia Street, stated that there is some confusion over a strip of land to the rear of the development in question and supported the re- quest for a rehearing so that this matter may be clarified. Gordon Hawkins, 1582 Coriander Drive, Costa Mesa, also spoke in support of a rehearing. Don Smallwood, 366 San Miguel Drive, Newport Beach, representing Laurel Development Company, stated that this project had been fully discussed at the time it received Council approval and the opponents had been given ample opportunity to voice any objec- tions. He asked that the Council deny the request for rehearing. After discussion, on motion by Councilwoman Hertzog, seconded by Councilman Raciti, and carried, Councilman Pinkley absent, the request for rehearing was granted and set to be heard July 2, 1974. CONSENT CALENDAR: The following Consent Calendar item was removed from the Consent Calendar: Item 3, a letter from the Director of Public Services/City Engineer regarding posting of speed limits. On motion by Councilman Hammett, seconded by Council- man Raciti, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: -Pinkley Santa Ana A letter and plan from the Santa Ana River/Santiago River/Santiago Greenbelt Commission, inviting the City of Costa Greenbelt Mesa to become a member for the fiscal year 1974-75, Commission was received and processed. Pedestrian A request from the Traffic Commission for an Walkway ordinance regarding pedestrian traffic hazards Hazards created by objects placed in pedestrian walkways, was referred to staff to draft an ordinance. Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: Traffic Officers A letter from the Costa Mesa Director of Public and Motorcycles Services/City Engineer stating that the Traffic Commission made a recommendation that appro- priations for traffic officers and motorcycles be included in the 1974-75 Budget. Orange County Resolution from the City of Los Alamitos sup - Intelligence porting the continuation of the Orange_County Unit Intelligence Unit as it is presently structured. Conservation Resolution from the City of Anaheim concerning and Open Space the need for State tax relief to implement the conservation and open space elements of General Plans. Public and Notice of Public Hearing from the City of Irvine Quasi -public Planning Commission concerning a proposed amend - Facilities ment that public and quasi -public facilities shall be permitted in any district where not otherwise provided, subject to the assurance of a Conditional Use Permit by their Planning Commis- sion, to be held on June 20, 1974. Land Use Notice of Public Hearing from the City of Irvine District Planning Commission concerning proposed land use Changes district changes of property bounded by the El Toro Marine Corps Air Station on the north and west, the Santa Ana Freeway on the south, and the Irvine city.boundary Irvine Ranch line on the east, to be held June 20, 1974. Mosquito Abatement Orange County Mosquito Abatement District Minutes District of their 328th meeting held on May 16, 1974. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by Planning from: Licenses James G. Ronis to James G. Ronis Enterprises, Limited, doing business as Love's Woodpit Barbe- cue, 3046 Bristol Street; Leona M. Wenz, exchanging license type 47 to 48, doing business as Carole's, 810-812 West 19th Street; John Wiebel to Marjorie L. and Roy R. Hall, doing business as the Buccaneer, 2156 Newport Boulevard; and Harold H. and Rosalie T. Judd to Sedley A. Young, doing business as the Shamrock Cafe, 1824-26 Newport Boulevard. Fireworks Fireworks permits, for which the Fire Department Permits granted approval, were approved, from: Explorer Post 198, 2300 Placentia Avenue, for a stand to be located at 2985 Harbor Boulevard, Bethel 313 of the International Order of Job's Daughters, 1401 15th Street, Newport Beach, for a stand to be located at 2200 Harbor Boulevard; Costa Mesa Optimist Club, 1068 Salvador Street, for a stand to be located at Harbor Boulevard and Wilson Street; Costa Mesa All American Football, 3140 Sumatra'Place, for a stand to be located at 17th Street and Orange Avenue (Safeway Park- ing lot) ; Sea Explorer Ship 187, 110 25th Street, Newport Beach, for a stand to be located at the northeast corner of Victoria Street and Harbor Boulevard; Sea Explorer Ship 306, 110 25th Street, Newport Beach, for a stand to be located at 270 East 17th Street; Parents Without Partners, Incorporated, Chapter 26, for a stand to be located at 1673 Irvine Avenue; Boys' Club of the Harbor Area (Mothers Club), 2131 Tustin Avenue, for a stand to be located at 315 East 17th Street; 1 1 1 1 1 i Orange Coast DeMolay, 1491 15th Street, Newport Beach. for a stand to be located at_'2300 Harbor Boulevard; Girl -Scout Troop 340, 2283 Waterman Way, for a stand to -be located at 380 East 17th Street; Orange Coast B'Nai Brith, 4302 Pickwick Circle, No. 108, Huntington Harbour, for a stand to be located at the White Front Store, 3088 Bristol Street; Santa Ana DeMolay, 3315 Fairview Road, Santa Ana, for a stand to be located at Fairview Road and Baker Street; Costa Mesa Balboa Bay Corona Swim Boosters, 1845 Port Barmouth, Newport Beach, for a stand to be located at 287 East 17th Street; Boy Scouts of America, Troop 1444, 999 Hartford Way, for a stand to be located at the southeast corner of Baker Street and Fairview Road; Knights of Columbus, 1733 Monrovia Avenue, for a stand to be located at 1111 Baker Street; Boy Scouts of American, Troop 339, 2756 Mendoza Drive, for a stand to be located at the northeast corner of Fairview Road and Sunflower Avenue; and First Christian Church of Costa Mesa, End - 792 Victoria Street, for a stand to be Reading Folder located at 175 East 17th Street. Permits A request from Max Rouse and Sons, Incorporated, 361 South Robertson Boulevard, Beverly Hills, to hold a Rouse. one -day auction, June 27, 1974, at 1415 Warehouse -Road, was approved. Leukemia Society A Notice of Intention to Solicit for Charitable of America Purpose from the Leukemia Society of America, In- corporated, Tri -County Chapter, 9778 Katella Avenue, Suite 203, Anaheim, by door-to-door solicitation, September 1 through 15, 1974, was approved with Sec- tion 9-326J of the Municipal Code waived. Gold Key A request from Gold Key Furniture, 3200 Harbor Boulevard, Furniture for promotional sale of hot dogs and soft drinks, at that address, June 27 through July 7, 1974, was approved. American A request from American Motors, 2524 Harbor Boulevard, Motors for permission to install a temporary office facility at that address commencing June 25, 1974, until their permanent structure is completed, was approved with the condition that the temporary office be removed within 10 days of issuance of Certificate of Occupancy. Heltzer A request from Jason R. Heltzer, Heltzer Enterprises, Enterprises 740 North La Brea Avenue, Los Angeles, to park a temporary trailer for sales purposes, approximately 50 by 60 feet, during construction at 630 Paularino Avenue, in Tract 8241, was approved for one year. Heltzer A request -from Jason R. Heltzer, Heltzer Enterprises, Enterprises 740 North La.Brea Avenue, Los Angeles, to park a temporary trailer for sales purposes, approximately 50 by 60 feet, during construction at 1111 South Coast Drive, in _Tract 8447, was approved for six months. Set for Rezone Petition R-74-16, Costa Mesa Planning Commission, Public 77 Fair Drive, Costa Mesa, for permission to rezone Hearing property located at 782 Presidio Drive and 2709 and 2729 Bristol Street, from Rl to AP -CP, was set for pub- lic hearing on July 2, 1974, at 6:30 p.m., in the Council Chambers of City Hall. Refunds Requests for partial refunds of 1974-75 license fees for neutered dogs from: Katherine Willcut, 338 East License Fees 19th Street, License 154; Keith Williams, 1953 Maple Neutered Dogs Avenue, Licenses 296 and 372; Earl Smith, 973 Valencia Avenue, License 407; Mrs. Dean Gilbert, 2472 Elden Avenue, License 329; Mrs. Robert Henderson, 271 Brentwood, License 341; Don Score, 217 Wake Forest Drive, Licenses 205 and 206; C. H. Curry, 968 Spring- field, License 310; Beverly Allen, 2236 Cornell Drive, License 89; John W. Pergrin, 650 Darrell Street, License 93; Glenda Acklin, 3162 Sicily Avenue, License 731; and -Joseph Davis, 480 Broadway, Licenses 839 and 1269, each license in the amount of $3.00, were approved as recommended by the Revenue Supervisor, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None "ABSENT: Council Members: Pinkley Piaskowski's A request for refund from Piaskowski's Plumbing, Plumbing 301 East 19th Street, Costa Mesa, on Plumbing Permit No. 65628, in the amount of $7.00, was approved as recommended by the Director of Building Safety, as work being done at 20342 Bayview Avenue is in the County, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Right of Way The following Right of Way Deeds were accepted Deeds and ordered placed on record with the Orange County Recorder by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley DEED NAME FOR STREET 2217 Petroleum Facilities, In- Fairview Road corporated (Quitclaim) and Baker Street 2.217 Pantry Food Markets, In- Fairview Road corporated (Quitclaim) 2217 Bankers Trust Company Fairview Road (Partial Release of Assignment of Rents) 2217 Westerlic Corporation, Fairview Road Limited (Partial Reconveyance) Claims The following claims received by the Clerk were referred to the City Attorney: Theodore E. Stitt, a minor, by Raleigh K. Stitt, and Raleigh K. Stitt; Helen D. Schaffer; Fern H. Holliday; and Robert H. Daniel. Landscaping Bids received for the Landscaping of Harbor Boulevard, Harbor Boulevard from MacArthur-Boulevard.to Driveway I, are on file - MacArthur in the Clerk's office. On motion by Councilman Boulevard to Hammett, seconded by Councilman Raciti, the contract Driveway I was awarded to Aldo's'Landscaping Company, Post Office Box 4177, Long Beach, in the amount of $19,134.56, being the lowest responsible bid meeting specif ica- tions, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Architectural. On motion by Councilman Hammett, seconded by Council - Services - man Raciti, a contract was awarded to Creative Wakeham Property Techniques, to develop the Master Plan, construct plans and specifications for the 10 -acre site known Awarded as the,Wakeham Property, at a basic cost of six percent of the awarded construction contract, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES:- Council Members: None ABSENT: Council Members: Pinkley Construction of Bids received for the Construction of Drive Approach Drive Approach and Washrack at Costa Mesa Fire Station No. 3, are and Washrack on file.in the Clerk's. office. On motion by at Fire Station Councilman Hammett, seconded by Councilman Raciti, No. 3 the contract was awarded to Jezowski and Markel, Incorporated, 2619 West Edinger Avenue, Santa Ana, Awarded in the.amount of $6,820.30, being the lowest responsible bid meeting specifications, by the following roll call -vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Arterial On motion by Councilman Hammett, seconded by Highway Councilman Raciti, Resolution 74-32, being A Financing RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Program COSTA MESA, CALIFORNIA, ESTABLISHING THE QUALIFI- CATION OF THE CITY OF COSTA MESA FOR THE Resolution 74-32 PARTICIPATION IN THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Construction of Bids received for the Construction of Curbs and Curbs and Gutters Gutters in the Mesa Del Mar Area are on file in in Mesa Del Mar the Clerk's office. On motion by Councilman Hammett, seconded by Councilman Raciti, the Awarded contract was awarded to R. W. McClellan and Sons, Incorporated, 1700 Superior. Avenue, Costa Mesa, in the -amount of $65,750.00, being the lowest -respon- sible bid meeting specifications, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Bus Stops on The Traffic Commission presented recommendations Red Hill Avenue, for the location of bus stops .on Red Hill Avenue, Sunflowdr.-Avenue, Sunflower Avenue, and MacArthur Boulevard. On and MacArthur motion by Councilman Hammett, seconded by Council - Boulevard man Raciti, Resolution 74-33, being A RESOLUTION Krueger vs. The City Attorney reported on the settlement proposal City of in the matter of Krueger vs. City of Costa Mesa, Costa Mesa which involved a proposed conversion of apartments to condominiums. The City Attorney indicated that new conditions have been worked out on the project, and the concern over undergrounding of utilities had been 1 1 r OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Resolution 74-33 CALIFORNIA, FIXING AND ESTABLISHING LOCATIONS FOR BUS STOPS ON RED HILL AVENUE, SUNFLOWER AVENUE, AND MAC ARTHUR BOULEVARD, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None , ABSENT: Council Members: Pinkley Time Limit The Traffic Commission recommended the establishment Parking on of 24 -minute time limit parking on the southerly El Camino curb of E1 Camino Drive for a distance of 100 feet Drive (between driveway and alley) 400 feet east of Mendoza Drive. On motion by Councilman Hammett, .Resolution 74-34 seconded by Councilman Raciti, Resolution 74-34, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING TWENTY-FOUR MINUTE PARKING ON PORTIONS OF EL CAMINO DRIVE BETWEEN MENDOZA DRIVE AND SAN JUAN LANE,'was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Posting of Item 3 on the Consent Calendar, a letter from the Speed Limits on Director of Public Services, indicating that the Residential Traffic Commission, at their meeting of May 22, 1974, Streets received a request from Mrs. Darrilyn J. Oliver, 3077 Yukon Avenue, to post -25 -mile -per -hour speed Referred to limit signs throughout residential streets in the City Manager City, and in particular on Yukon Avenue, was pre- sented. This letter also indicated that the Traffic Commission did, at this meeting, request the Police Department to increase enforcement on Yukon Avenue. John Oliver addressed the Council regarding the Traffic Commission meeting of May 22, 1974, stating that his wife, Mrs.-Darrilyn Oliver, was in attendance and had indicated that her requests were improperly handled by the Commission. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, Councilman Pinkley absent,'this matter was referred to the City Mana- ger for investigation and recommendation. Warrant On motion by Councilman Hammett, seconded by Resolution 834 Councilwoman Hertzog, Warrant Resolution 834, in- cluding Payroll 7411, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members; Pinkley Warrant On motion by Councilman Raciti, seconded by Council - Resolution 835 woman Hertzog, Warrant Resolution 835 was approved by the following roll call vote: AYES: Council Members: Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT:. Council Members: Pinkley ABSTAINING: Council Members: Hammett Krueger vs. The City Attorney reported on the settlement proposal City of in the matter of Krueger vs. City of Costa Mesa, Costa Mesa which involved a proposed conversion of apartments to condominiums. The City Attorney indicated that new conditions have been worked out on the project, and the concern over undergrounding of utilities had been 1 1 r resolved by the owner agreeing to post a'sum of money to guarantee this condition at a later date. On motion by Councilman Raciti, seconded by Councilman Hammett, and carried, the City Attorney..was authorized to proceed with the settlement of this matter as he had outlined. Self -Insured The City Manager recommended that the City become Workman's self-insured up to $50,000.00 per employee for Compensation Workman's Compensation, and that excess insurance from $50,000.00 to $2,000,000.00 be placed with State Fund. After discussion, on motion by Councilman Raciti, seconded by Councilwoman Hert- zog, and carried unanimously, the City Manager was authorized to establish the self-insured program for Workman's Compensation insurance for the City of Costa Mesa. Golf Course The City Manager presented regulations and policies Policies and for the Costa Mesa Golf and Country Club, Las Lagos Regulations and Mesa Linda Courses. These regulations and poli- cies include a rate increase in green fees of 50 cents on weekdays for both Las Lagos and Mesa Linda Courses, for a new rate of $4.50 and $4.00, respectively. Additionally, a one -dollar increase is reflected for weekend and holiday use of these courses, for a new rate of $6.00 and $5.00, respec- tively. Monthly tickets will also be increased at Mesa Linda by $5.00 for a new rate of $25.00 per month; and at Las Lagos -by $10.00 for a new rate of $30.00 per month. Monthly tickets will not be valid on weekends and holidays and may be used only for one 18 -hole round of golf per day. Operational pro- cedures are also covered in the regulations and policies. On motion by Councilman Hammett, seconded - by Councilwoman Hertzog, and carried, Councilman Pinkley absent, the regulations and policies for Costa Mesa Golf and Country Club, as outlined by the City Manager, were approved and will be effec- tive July 1, 1974. Assembly Bill The City Manager presented a proposed resolution sup - No. 3247 porting Street Lighting District financing, Assembly Street Lighting Bill No. 3247. The City Manager explained that this Financing Bill proposes to exempt special street lighting dis- tricts from Senate Bill No. 90 tax limitations and thereby enable the districts to levy a tax rate to generate the necessary revenues to cover their in- creased expenditures. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, Resolution Resolution 74-35 74-35, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING ASSEMBLY BILL NUMBER 3247 OF THE REGULAR SESSION OF THE CALI- FORNIA LEGISLATURE, RELATING TO THE EXEMPTION OF STREET LIGHTING DISTRICTS FROM SENATE BILL NUMBER 90 TAX LIMITATIONS, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Business Permit The City Manager presented a business license applica- tion from Mery Stewart, Stewart Equipment Auctioneers, Stewart Equip- 19082 Crystal Street, Huntington Beach, for permission ment Auctioneers to sell construction equipment at the Orange County Fairgrounds on June 27, 1974. The City Manager recom- mended approval of this application subject to the conditions that (1) the applicant acquire a temporary dealers permit from the State of California, Depart- ment of Motor Vehicles; and (2) the applicant show evidence of a seller's permit from the State Board of Equalization showing the City of Costa Mesa as the point of origin for the sale of these vehicles. On motion by Councilman Raciti, seconded by Council- woman Hertzog, and carried, Councilman Pinkley absent, the application was approved subject to con- ditions as outlined by the City Manager. Public Hearing The Clerk announced.that this was the time and place Specific Plan set for the public hearing to consider adoption of a for Extension Specific Plan for the extension of West 17th Street of West 17th between Superior Avenue and Newport Boulevard. The Street Affidavit of Publication is on file in the Clerk's office. No communications have been received. On Held Over motion by Councilman Hammett, seconded by Council- man Raciti, and carried, Councilman Pinkley absent, the public hearing was continued to the meeting of July 2, 1974. Public Hearing The Clerk announced that this was the time and place GP -74-03 set for the public hearing for General Plan Amend - Potts ment GP -74-03, Paul A. Potts, 21391 Pensacola Circle, Huntington Beach, to consider an amendment to the General Plan�on property at the northwest corner of Placentia Avenue and Wilson Street, from Low Density Residential to Medium Density Residential. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Dan Haley, 21391 Pensacola Circle, Huntington Beach, addressed the Council in support of the request. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, Resolution 74-36, Resolution 74-36 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -74-03, AMENDING GENERAL PLAN 1990, BE- ING A MASTER PLAN OF ZONING FOR THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett Raciti, Hertzog - NOES: Council Members: None ABSENT: Council Members: Pinkley Public Hearing The Clerk announced that this was the time and place Final Environ- set for the public hearing for the Final Environ- mental Impact mental Impact Report for the Whittier Avenue General Report for Plan Amendment GP -74-05, for the general area west GP -74-05 of Whittier Avenue, south of 19th Street, and east of the Costa Mesa City limits. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Council- woman Hertzog, the Final Environmental Impact Report was approved and accepted as meeting the requirements of the law by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Public Hearing The Clerk.announced that this was the time and,place GP -74-05 set for the public hearing for General Plan Amend- ment GP -74-05, Costa Mesa Planning Commission, 77 Held Over Fair Drive, to consider proposed amendments to the General Plan in the area bounded on the east by Whittier Avenue, on the north by Oceanview Park homes (Tract 7043), and on the west and southwest by the City limits. The affidavit of publication is on file in the Clerk's office. Communication has been received from B. Herskovets, Ph. D., 1867 Parkcrest Drive, Costa Mesa, in opposition to the request. Additionally, a letter has been received from Mrs. Margaret W. Hjorth, requesting that all her property known as Lots 1206 and 1306 within the study area, be zoned ML. The Director of Planning reviewed the prior public hearings wherein the Council considered four Land Use Options for development of this area, and ultimately voted on Land Use Option No. 2 with the amendment that a one -acre parcel of the Hjorth property be included in the medium density residen- tial.' The Director of Planning reported that the Planning Commission's recommendation was still in favor of Land Use Option No. 4. Don Hall, 1897 Parkview Circle, Costa Mesa, spoke in support of the Planning. Commission's recommendation. The proposed amendments before the Council were based on Land Use Option No. 2 with the amendment that the one -acre Hjorth property previously mentioned would be in- cluded in the limited industrial use. After discussion, Councilman Hammett made a motion, seconded by Councilwoman Hertzog, to approve the General Plan Amendment as recommended by the Council in their motion of May 6, 1974. The motion failed to carry, Mayor Wilson and Councilman Raciti voting no, and Councilman Pinkley absent. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, the public hearing was continued to the meeting of July 2, 1974, Public Hearing The Clerk announced that this was the time and place R-74-14 set for the public hearing to consider Rezone Petition R-74-14, Costa Mesa Planning Commission, 77 Fair Drive, Costa Mesa, for permission to rezone property located at 1485 Dale Way, from M1 and C1 -.CP to ML. The affidavit of publication is on file in the . Clerk's office. No communications have been re- ceived. The Planning Commission recommended approval as MG. John McCray, 22 Hermitage Lane, Newport Beach, owner of the M1 property described in the petition spoke in support of the request and indicated he would be agreeable to the MG designa- tion. There being no other speakers, the Mayor closed.the public hearing. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, Ordinance Ordinance 74-40 74-40, being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF PARCEL TWO, CUMMING'S AND MOON'S ADDITION TO FAIRVIEW; AND ORANGE COUNTY ASSESSOR PARCEL NUMBERS 141-182-01; 141-182-02; AND 141-182-03 FROM M1 AND Cl -CP TO MG, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Public Hearing The Clerk announced that this was the time and place R-74-23 set for the public hearing to consider Rezone Petition Butler R-74-23, Lillian W. Butler, 1863 Braemar Way, Newport Beach, for permission to rezone property located at 1769 Anaheim Avenue, from R2 to R3. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval to R3 -CP. The petitioner was present and answered questions from nry' 1 the Council. There being no other speakers, the Mayor The first item presented to the Council for their consideration was the Final Environmental Impact Report for this project. Councilman Hammett made a 1 1 ..closed the public hearing. After discussion, on motion by Councilman Hammett, seconded by Councilwoman Ordinance 74-41 Hertzog, Ordinance 74-41, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 7, TRACT 2584, FROM R2 TO R3 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Wilson, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Public Hearing The Clerk announced that this was the time and place R-74-24 set for the public hearing to consider Rezone Petition Pope R-74-24, Edker Pope, 2889 Way Lane, Corona del Mar, for permission to rezone property located approximately six acres east side of Bristol Street, south of Ran- dolph Street Subdivision, from Ml to ML. The affidavit of publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Councilwoman Ordinance 74-42 Hertzog, Ordinance 74-42, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBERS 141-285-16 AND 141-292-03 FROM M1 TO ML, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Wilson, Hammett Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley Recess The Mayor declared a recess at 8:25 p.m., and the meeting reconvened at 8:35 p.m. Bay Knolls The Clerk presented a notice from Orange County Annexation Local Agency Formation Commission, regarding the Protested proposed annexation to the City of Newport Beach, designated Bay Knolls Annexation. The City Manager recommended that the City of Costa Mesa direct a letter of protest to this annexation to the Local Agency Formation Commission since it conflicts with the City of Costa Mesa's Sphere of Influence. On motion by Councilman Raciti, seconded -by Councilman Hammett, and carried, Councilman Pinkley absent, the City Manager's recommendation was approved. ZE-74-32 The Director of Planning presented an application for Mesa Verde Villas Zone Exception ZE-74-32, together with the Final Environmental Impact Report, Mesa Verde Villas, Final Environ- 460.0 Campus Drive, Newport Beach, for permission to mental Impact construct a 496 -unit apartment complex on 888,624 Report square feet of land area (one unit per 1,792 square feet) as per plans submitted, to meet CP standards in an R4 -CP zone, located at the southeast corner of Mesa Verde Drive East and Golf Course Drive. The Planning Commission recommended approval subject to conditions. A communication has been received from Verlyn Marth, 3197 Cape Verde Place, Costa Mesa, in opposition to the proposed project. A communication has been received containing 659 signatures of Mesa Verde residents requesting denial of the project, or if approved, outlining conditions they wish to have imposed on the project. The first item presented to the Council for their consideration was the Final Environmental Impact Report for this project. Councilman Hammett made a 1 1 motion, seconded by Councilwoman Hertzog, to approve the EIR has meeting requirements of the law. Donald E. Smallwood, 1981 Kornat Drive, Costa Mesa, addressed the Council on a point of order, stating that the Environmental Impact Report was a matter for public discussion, and as such, anyone wishing to be heard should have the opportunity to do so before the Council took a vote on this item. The discussion followed and it was determined that public input should be heard prior to taking a vote. Councilman Hammett, with the agreement of Councilwoman Hertzog, withdrew the previous motion. Don Smallwood proceeded to address the Council with respect to the.EIR, requesting that .the Council con- sider alternatives which would reduce the adverse impacts on the environment, such as reduction in density of the project; redesign of the project; or denial of the project entirely. There being no .other speakers, the Mayor closed the public hearing. After further discussion, on motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Councilman Pinkley absent, the Final Environmental Impact Report was accepted as meeting the require- ments of the law. The Mayor announced that they could now proceed. with the project itself. Mr. W. R. Gayner, 1839 Jamaica Road, Costa Mesa, representing the appli- cant, addressed the Council at length describing the proposed project in detail and presented slides depicting key areas in the project. Frank Michelena, 1819 Kauai Place, Costa Mesa; and Grant McNiff, 2048 Phalarope Court, Costa Mesa, also spoke in support of the project. John Delava, 1838 Kinglet Court, Costa Mesa, asked questions concerning changes made to the project since its submittal to the City. Robert Gise, 2701 Cardinal Drive, Costa Mesa, asked each member of the Council if they had read the Environmental Impact Report in full, or would do so before tak- ing action on the project. Mr. Gise asked further questions concerning the density of the project. Marvin Oberndorfer, 1835 Hummingbird Drive, .Costa Mesa, spoke in opposition to the project, especially in terms of the parking arrangements. Robert Donnelly, 2788 Waxwing Circle; Costa Mesa, spoke in opposition to the project and requested that the Council give every consideration to the input from neighboring prop- erty owners in making their decision. Joan Torribio, 1819 Tanager Drive, Costa Mesa, asked Mr. Gayner. questions concerning traffic exiting from the project, and also what provisions had been contemplated for pets. Patricia Armstrong, 2761 Bunting Circle, Costa Mesa, spoke regarding traffic access to Mesa Verde. John Delava, representing Mesa Verde Homeowners Association, read a resolution originated by homeowners in Mesa Verde, asking for a.denial of the project, or in the event that it is approved, outlining conditions they would like to see placed on the project. Mr. Delava also presented slides de- picting another apartment -complex in Fullerton with which the applicant has been associated. Mr. Gayner spoke again in rebuttal to some of Mr. Delava's remarks. Ann Mound, 3128 Country Club Drive, Costa Mesa, spoke regarding future plans for the development of a shopping center near the Proj- ect and the resulting traffic problems she feels this development and the project in question will create. Mrs. Mound also asked about the possibility of children being allowed in the complex at some future date. Jean Mowery, 1845 Kinglet Court, Costa Mesa, asked questions concerning rents, parking, and traffic circulation. Earl Kaltenbach, 17911 Skypark Boulevard, Irvine, Architect for the project, said he objected to the public ridicule to which he felt Mr. Gayner had been subjected. Mr. Kaltenbach further went on to speak in support of the project which he feels is a very fine one. Susan Levine, 1788 Oriole Drive, Costa Mesa, expressed her concern with the traffic congestion she believes will be created by this development.- Jack Lincoln, 1879 Maui Circle, Costa Mesa, raised the question of whether the existing zoning on the property is in the best interests of the City. Mr. Lincoln also spoke of vested rights in zoning as related to fin- ancial investment. Mr. Gayner indicated that the financial investment to date amounts to some $1.5 million. At this time all input presented to the Council was considered, and after considerable dis- cussion, Councilman Hammett made a motion, seconded by Mayor Wilson, and carried, Councilman Raciti voting no, Councilman Pinkley absent, to approve the application subject to all 31 conditions recommended by the.Planning Commission, implementation of conditions 25B, C, and D, incorporating into it, on the Master Plan, the modification of the south street, and working with the Traffic Commission and the Mesa Verde Homeowners Association to attempt to develop an orderly flow of traffic on Golf Course Drive, to restrict the flow of traffic into Tanager Drive, also included in the motion is a provision that the plans sub- mitted show the vegetation to the scale as it will be planted, and finally included are any agreements already established by the staff with the developer. Recess The Mayor declared a recess at 11:25 p.m., and the meeting reconvened at 11:35 p.m. ZE-74-43 The Director of Planning presented an application Cummings for Zone Exception ZE-74-43, John D. Cummings, 2834 Monterey Avenue, Costa Mesa, for permission Denied to construct addition to an existing residence for conversion to a day care center to accommodate 114 children, located at 1919 Anaheim Avenue, in a Cl zone. The Planning Commission recommended denial. No communications have been received. On motion by Councilman Raciti, seconded by Councilman Hammett,'and carried, Councilman Pinkley absent, the application was denied. ZE-74-46 .The Director of Planning presented an application Remsen for Zone Exception ZE-74-46, Joyce E. Remsen, 250 West Wilson Street, Costa Mesa, for permission to Denied operate a pre-school from 9:00 a.m. to 3:00 p.m., daily, for 40 children (20 in the morning, 20 in the .afternoon) ages i to 5, located at that address, in an RI zone. The Planning Commission recommended denial. A petition containing 42 signatures in opposition to the pre-school has been. received. The applicant was not present. Gordon Willoughby, 2497 Loyola Road, Costa Mesa, and Jim McMillan, 2253 Columbia Drive, Costa Mesa, spoke in opposition to the request. On motion by . Councilman Raciti, seconded by Councilman Hammett, and carried, Councilman Pinkley absent, the appli- cation was denied. M The City Manager stated that sufficient evidence exists to indicate a zoning violation at 250 West Wilson Street, and requested that the Council direct staff to proceed with legal action against Mrs. Remsen. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Councilman Pinkley absent, the staff was so directed. ZE-74-53 The Director of Planning presented an application Standard for Zone Exception ZE-74-53, Standard American American Builders, 745 North Anaheim Boulevard, Anaheim, for Builders permission to encroach 7-1/2 feet into the required 25 -foot rear yard setback with a family room, lo- cated at 1397 Garlingford Street, in an R1 zone. The Planning Commission recommended approval. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, Councilman Pinkley absent, the application was approved. Oral Ed McFarland, 1697 Oahu Place, Costa Mesa, addressed Communications the Council regarding the number of signs that are in violation of the City's ordinance, and requested Illegal that the Council direct the City Manager to see Signs that the Sign Ordinance is enforced, and that all illegal signs are removed. The City Manager re- ported that the staff is already working very hard to document violations of the ordinance and will be presenting their report to the City Attorney for prosecution. Councilmanic Councilman Raciti spoke regarding the use of car - Comments ports versus garages and indicated his wish that the Council determine which use is more preferable on projects coming before them. Councilman Raciti also spoke concerning a question of zoning in the area of the Paulo Theatre. The Mayor requested that Councilman Raciti place these items on the Study Session Agenda. Councilman Hammett spoke regarding Federal Funding as a possible means of assistance in our Downtown Redevelopment Program and requested the staff to look into this suggestion. Adjournment The Mayor declared the meeting adjourned at .12:00 midnight. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Cost esa