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HomeMy WebLinkAbout09/03/1974 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 3, 1974 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., September 3, 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 Robert B. Jacobs, Foursquare Church. Council Members Present: Council Members Absent: Officials Present: Wilson, Hammett, Pinkley, Raciti, Hertzog None City Manager, City Attorney, Director of Planning, Assistant City Engineer, City Clerk Minutes The Mayor declared the Minutes of the regular meeting August 20, 1974 of.August 20, 1974, approved as distributed and posted, as there were no corrections. Ordinances On motion by Councilman Pinkley,-seconded by Councilman Hammett, and carried, all ordinances will be read by title only. Abandonment On motion by Councilman.Pinkley, seconded by of Wells Councilwoman Hertzog, Ordinance 74-45, being AN ORDINANCE OF.THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 74-45 MESA AMENDING SECTION 18-53, COSTA MESA MUNICIPAL Adopted. CODE, RELATING TO STANDARDS FOR THE CONSTRUCTION, RECONSTRUCTION AND ABANDONMENT OF WELLS WITHIN THE CITY OF COSTA MESA; UPDATING SAID STANDARDS IN ACCORDANCE WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, was adopted by the following. roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES:, Council Members: None ABSENT: Council Members: None Amendment to On motion by Councilman.Raciti, seconded by Industrial Councilman Pinkley, Ordinance 74-46, being AN Ordinance ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ORDINANCE 73-43 OF THE Ordinance 74-46 CITY OF COSTA MESA REGARDING PERMITTED AND CONDI- Adopted`" TIONAL USES IN -THE ML, LIMITED INDUSTRIAL; MG, GENERAL INDUSTRIAL; AND MP, INDUSTRIAL PARK, DISTRICTS AND EXTENDING THE PROVISIONS OF THE M1 AND M2 DISTRICTS.UNTIL JANUARY 1, 1975, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT:_ Council Members: None Uniform The Clerk presented a proposed ordinance concerning Plumbing requirements under the Uniform Plumbing Code relat- Code ing to gas meters. Jim Decker, speaking on behalf of the Gas Company., stated that they had no objec .tions to the ordinance as proposed. On motion by Ordinance 74-47 Mayor Wilson, seconded by Councilman Pinkley, First Reading Ordinance 74-47, being AN ORDINANCE OF.THE CITY 126 COUNCIL OF THE CITY OF COSTA MESA MAKING PROVISION FOR ADDITIONAL REQUIREMENTS UNDER THE UNIFORM . PLUMBING CODE.RELATING TO GAS METERS, AND SETTING FORTH REASONS THEREFOR, was given first reading and passed to second reading, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Proclamation On motion by:Councilman Hammett, seconded by Fiesta de Councilman Pinkley, and carried, a Proclamation Costa Mesa designating the week beginning October 7, 1974, Week as Fiesta de Costa Mesa Week, was approved. CONSENY CALENDAR: The following Consent Calendar items were removed from the Consent Calendar: Item 2, a letter and resolution from the City of Modesto regarding Proposition 17; and Item 22, an agreement with the County of Orange regarding fire service. On motion by Councilman Hammett., seconded by Councilman Pinkley, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Joint Powers A resolution from the Orange County Board of Agency Supervisors, Flood Control District, authorizing the concept of a Joint Powers Agency, was referred to staff for study and recommendation. Property Tax A resolution from the City of Westminster, oppos- ing an increase in property tax assessments by the Orange County Tax Assessor, was received and processed. State Employee A resolution from the City of Westminster, request - Retirement ing members of the -California Legislature to repeal System land amend sections of the California Government Code pertaining to State employee retirement system, was received and processed. Downtown Communication from property owners in the Downtown Redevelopment Redevelopment Area, requesting rezoning of five lots Area' on the south side of Cabrillo Street, numbered 127 through 145, from AP to C2, to conform with adjacent and surrounding C2 properties, was referred to the Planning Commission. Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: Senate Bill 2408 A resolution from the City of Buena Park expressing its opposition to Senate Bill 2408, which would restrict hiring standards afforded local government over a peace officer's fitness. The City of Costa Mesa has previously expressed opposition to Senate Bill 2408.'' Public Utilities Notification from the Public Utilities Commission Commission that Southern California Gas 1 1 1 127 Company.has applied for authority to increase revenues to offset the effect of certain increased costs. Public Utilities Notice of Prehearing Conference from the Commission Public Utilities. Commission, to be held September 27, 1974, in the matter of the application -of Southern California Edison Company for authority to increase rates charged by it for electric service. Intergovernmental Memorandum from the Intergovernmental Coordinating Coordinating Council of Orange County Council advising .of the resolutions which are on file from various Orange County cities. Local Agency The following notifications were received Formation._ from the Local Agency Formation Commission: Commission Determination will be made on August 28, 1974, without notice and hearing, in connection with the proposed annexation to the Garden Grove Sanitary District, designated Annexation No. K 399-74. Determination will be made on September 11, 1974, without notice and hearing, in con- nection with the proposed annexation to the Midway City Sanitary District, designated Brookhurst Street No. 6 Annexation. Alcoholic Alcoholic Beverage License applications, for Beverage which -parking has been approved by Planning, Licenses, from: Costa Mesa:Coral Reef, Incorporated, to Dorothy M. and Robert J. Wigmore, doing business as Wiggy's, 2645 Harbor Boulevard; Rigoletto., Incorporated, to Carlos A. Benevenia, doing business as Two Guys from Italy, 2267 Fairview Road; Grover M. Long to Gregory Bennett, doing business at 1550 Superior Avenue; -and Don's Leasing Corpora - End - tion to Fedcal Distributing Company, doing Reading Folder business at 3030 Harbor Boulevard. Permits A°request from Brennan Pauley Electric, 1733 Monrovia Avenue,.Suite G, Costa Mesa, for a trailer to be used Brennan Pauley as a temporary office, on property located at 236 Electric Ogle'Street, was_.approved for a period of one year, subject to provisions of the building code, and that a building permit must b e taken out and installation inspected. Prochnow '- A request from Donald L. Prochnow,. A.I.A.,_401 First Federal. Wilshire Boulevard, Santa Monica, for a.trailer to be Savings and used as a temporary office by First Federal Savings Loan and Loan Association of Santa Monica, during construe - tion of their branch, to be located on the south side of Baker Street, approximately 400 feet east of the intersection with Harbor.Boulevard, pias approved for 18 months, subject to provisions of the Building Code, and that a building permit must be taken out and installation inspected. Business.Licenses.. A request from.Wiggy's, 2645 Harbor Boulevard, for a Wig-gy's yearly dance permit, was approved. Stewart Auctions A request from Stewart Auctions, Post Office Box 248, Huntington Beach, for a one -day auction at the Orange County Fairgrounds on September 20, 1974, was approved. Acme A request from Acme Amusement Company, 1041 Amusement Shary Court, Concord, for amusement games at various locations in Costa Mesa, was approved. Barn Steak A request from Barn Steak House, 2001 Harbor House Boulevard, for two pool tables and two pinball machines at that address; was approved. Services for Notice to Solicit for Charitable Purpose from the Blind Services for the Blind, Incorporated, 2015 North Broadway, Santa Ana, for fund solicitation through distribution of tickets for the Balboa Bay Lions Club, August 31, to September 29, 1974, was approved with Section 9-326J of the Municipal Code waived. Set for Public The following items were set for public hearing Hearing on September 17, 1974, at 6:30 p.m.., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: Planned Unit Development Ordinance Planned Unit Development Ordinance Final EIR for Final Environmental Impact Report for Village Creek Village Creek, a 135 -unit condominium development, located at the northwest corner of Sunflower Avenue and Bear Street. R-74-31 Rezone Petition R-74-31, Henry M. Roberts, Roberts Jr., 9461 Grindlay Street, Cypress, for permission to rezone property located at the northwest corner of Sunflower Avenue and Bear Street, from Al to R2 -CP. R-74-32 Rezone Petition R-74-32, Costa Mesa Plan- ning Commission, for permission.to rezone property located between Bristol Street, the Orange. County Flood Control District Channel, and Newport Boulevard, excluding the one parcel located at the intersec= tion of Bristol Street and Newport Avenue., from Ml to NP in compliance with the new Industrial Zone Ordinance. Refunds. A request for partial refund of 1974-75 license fee for a neutered dog from C. Dunlea, 436 Walnut Dunlea Street,'License No. 000860, in the amount of $3.00, was approved as recommended by the Revenue Super- visor, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti,. Hertzog NOES: Council Members: None ABSENT: Council Members: None Scruggs. Refund .of $100.00 cash deposit on Permit No. 9346, issued to Larry D. Scruggs, 423 West Bay Street, Apt. 1, Costa Mesa, as curb painting work has been completed, was approved as recommended by the Street Superintendent, by the.following roll call vote: AYES: Council Members:. Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 1 f Douglas Oil Refund of $1:0,000.00 cash deposit to Douglas Oil Fire Hose Company, 3160 Airway Avenue, Costa Mesa, which was accepted to guarantee conditions on Zone Awarded Exception ZE-73-29, as conditions have now been completed, was approved as recommended by the Planning Department, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Claim The following claim received by the Clerk was Bid Item.249 referred to the City Attorney: Mrs. John F. Library Purpura. 1 1 Tennis An agreement with Professional Tennis Program, Concessionaire Incorporated, setting forth terms and conditions Agreement for a concession operation of a tennis facility at TeWinkle Park, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 248 Bids received for Bid Item 248, for the furnishing Fire Hose of 2,500 feet of 2-1/2 inch fire hose, are on file in the Clerk's office. On motion by Councilman Awarded Hammett, seconded by Councilman Pinkley, the bid was awarded to Wardlaw Fire Equipment, Post Office Box 932, La Habra, in the amount of $.4,237.50, being the lowest bid meeting all specifications, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item.249 Bids received for Bid Item 249, for the furnishing Library of library shelving, are on file in the Clerk's Shelving office. On motion by Councilman Hammett, seconded by Councilman Pinkley, the bid was awarded to Burt Awarded C. Gentle Company, Incorporated, Post Office Box 247, Balboa Island, being the lowest bid meeting specif ications, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Budget Budget Adjustment Authorization No., 133, trans - Adjustment ferring $15,000.00 from the Traffic Signal No..133 Modification account into the Repairs and Maintenance account, was approved by the following roll call vote: AYES:Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Costa Mesa A request from Mrs. Peg Paige, 25283owdoin Place, Art League -Costa Mesa, on behalf of Costa Mesa Art League, for permission to conduct an art show once a month in 130 TeWinkle Park, was approved subject to conditions of the Leisure Services Department. Parking A recommendation -from the Director of Public Prohibition Services for prohibition of parking on Mesa Verde Mesa Verde Drive, including the 300 feet east of Clubhouse Drive Road, (which was under study for a 90 -day period), and excluding only the 600 feet of the easterly curb of Mesa Verde Drive East, north of Adams Avenue, was presented. On motion by Councilman Hammett, seconded by Councilman Pinkley, Resolution Resolution 74-64 74-64, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON PORTIONS OF MESA VERDE DRIVE EAST AND MESA VERDE -DRIVE WEST, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None. ABSENT: Council Members: None Seismic Safety On motion by Councilman Hammett, seconded by and Safety Councilman Pinkley, Resolution 74-65, being A Element of the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF General Plan COSTA MESA, CALIFORNIA, APPROVING APPLICATION FOR EXTENSION OF TIME FOR THE SEISMIC SAFETY ELEMENT Resolution 74-65 AND SAFETY ELEMENT TO THE STATE OF CALIFORNIA COUNCIL ON INTERGOVERNMENTAL RELATIONS, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Proposition 17 Item 2 on.the Consent Calendar, a letter and. resolution from the City of Modesto, urging Council to take a position against Proposition 17 in the November 5, 1974, election, was presented. On motion by Councilman Hammett, seconded by Council- man Pinkley, Resolution 74-63., being A RESOLUTION Resolution 74-63 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, URGING CITIZENS TO VOTE NO ON PROPOSI- TION SEVENTEEN CONCERNING THE NEW MELONES RESERVOIR PROJECT ON THE STANISLAUS RIVER, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Fire Service _Item 22 on the Consent Calendar, an agreement with Agreement the County of Orange for fire services in unincor- porated territory, was presented. On motion by Removed from Councilman Hammett, seconded by Mayor Wilson, and Agenda carried, this item was removed from the Agenda. Warrant On motion.by Councilman Pinkley, seconded by Resolution 845 Councilman Raciti, Warrant Resolution 845 was approved by the following roll call vote: AYES: Council Members: Wilson, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On.motion by Councilman.Pinkley, seconded by Resolution 846 Councilman Hammett, Warrant Resolution 846, in- cluding Payroll 7417, was approved by the following roll call vote: 1 131 AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Pinkley, seconded by Resolution 847 Councilwoman Hertzog, Warrant Resolution 847 was approved by the.following roll call vote: AYES: Council Members: Wilson, Hammett,. Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None "911" Emergency The City Manager recommended the adoption of a Telephone System resolution approving participation in the County- wide "911" Emergency Telephone System, Plan "B", in conjunction with the requirements of AB 515. A resolution.has been received from the Orange County Board of Supervisors endorsing Plan "B", and inviting cities who may wish to participate in a Countywide "917." system plan to make that decision known to the Board. Councilman Pinkley stated that on a recent trip to London, England, he had an impressive demonstration of an identi- cal system which is being used at Scotland Yard. On motion by Councilman Pinkley, seconded by Councilwoman Hertzog,- Resolution 74-66, being A Resolution 74-66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PARTICIPATION IN THE COUNTYWIDE "911" EMERGENCY.TELEPHONE SYSTEM, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Mayor announced that this was the time and Underground place set for the public hearing to consider Utility District formation of Underground Utility District No. 7., No. -7 Harbor Boulevard from Baker Street to Gisler Avenue,. The affidavit_ of mailing is on file in the Clerk's -office, pursuant to Section 13-688,. Municipal Code. No communications have been. received. There being no speakers,.the Mayor closed the public hearing. On motion by Council- man Hammett, seconded by Councilman Pinkley, Resolution 74-62 Resolution 74-62, being A RESOLUTION OF THE CITY COUNCIL OF THE-CITY.OF.COSTA MESA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 7, HARBOR BOULEVARD FROM.BAKER STREET TO GISLER AVENUE, was adopted by the following roll call vote: AYES: Council Members: 'Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Undergrounding Councilman Hammett discussed the order of Priority..,.for priorities with respect to undergrounding of Baker- Street utilities in the City and made a motion, seconded by Councilman Raciti; and carried, that Baker !_Street be given.a high priority in this regard. Public Hearing The Mayor --announced that this was the time and' Housing Element place set for the public hearing to consider the -Housing Element of the.General Plan. The affidavit of publication is on.file in the Clerk's office. Councilwoman Hertzog Leaves A communication has been received from Kathleen H. Blank, 2076 Phalarope Court, Costa Mesa, urging adoption of Goal No. 1. A communication has been received from John 0. B. Greaves, 2029 Federal Avenue, Costa Mesa,.suggesting that trailers in large backyards might be a solution to low cost housing. Joan Margol, 1796 Kinglet Court, Costa Mesa, addressed the Council on behalf of the Goals and Objectives Committee and as a citizen of Costa Mesa, urging adoption of the Housing Goals and the means of implementation suggested by the Housing Subcommittee., Louise Napoli, 2974 Ceylon Drive, Costa Mesa, member of the Goals and Objectives Committee, said that strong emphasis was placed on citizen input in preparing the goals and objectives and, as such, this document should be considered a statement of citizen attitude.. William Clapet, 3260 Minnesota Avenue, Costa Mesa, commended the Goals and Objectives Committee for their conscien- tious and hard work in preparing their report on the housing element and urged adoption of their proposals. Other speakers who addressed the Council urging adoption of the housing element were: Jerome Vandewalle, 2018 LaSalle Avenue, Costa Mesa; Jean Forbath_, 2880 Clubhouse Road, Costa Mesa; Elsie Croche, 254 Cabrillo Street, Costa Mesa; Judy Swayne, President, League of Women Voters, 1159 Noria Street, Laguna Beach; and Hank Panian, 436 Swarthmore Lane, Costa Mesa. Councilwoman Hertzog left the meeting at 7:05 p.m. and returned at 7:10 p.m. There being no other speakers, on motion by Coun- cilman Raciti, seconded by Councilman Hammett, and carried, the public hearing was closed. Members of the Council expressed appreciation and congrat- ulated the Goals and Objectives Committee for their fine efforts in presenting this report. A lengthy Council discussion followed on the various goals and implementation methods. On motion by Council- man Hammett, seconded by Councilman Raciti, and carried, Goal No. 1, provision of housing accommodations which will serve all economic seg- ments of the community and provide a reasonable range of choice in terms of type, design, and location, was adopted. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Goal No. 2, encouragement of residential development which will meet the needs of families and individuals with specialized housing require- ments, was adopted. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Goal No. 3, encouragement of measures that will help prevent the spread of blight and deterioration within existing neighborhoods, was adopted. On motion by Councilman Hammett," seconded by Councilman Raciti, and carried, Goal No. 4, development of residential areas with densities and housing types related to existing and proposed public facilities and services, was adopted. On motion by.Councilman Hammett, seconded by Councilman Raciti, and carried, Councilman Pinkley voting no, Goal No. 5, devel- opment of higher density residentoal areas in close proximity to community facilities, such as public institutions, civic areas, and cultural areas; commercial shopping and service facilities; employment centers and public transportation, was adopted. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, 1 1 I, - Public Hearing R-74-30 Ordinance 74-48 First Reading I Goal No. 6, protection of areas proposed for residential -development from the encroachment of incompatible'uses, was adopted. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, Goal No. 7, development of well-designed planned residential develop- ments with provision of adequate open space recreational facilities, off-street parking, circulation and environmental amenity, was adopted. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, Goal No. 8, orderly transition in areas where non -residential -or mixed land use is to be converted to housing uses, or where low density is to be changed to higher density residential uses, was adopted. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Goal No. 9, development of a strong sense of community.identity (place) in order to increase community pride and satisfaction, was adopted. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Goal No. 10, improvement of communication among and between housing decision -makers, the City, and the citizens, was adopted. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, Goal No. 11, responsiveness to citizens, property owners, and developers who use and shape the residential environment, was adopted. On motion by Councilman Hammett, seconded by Councilman Raciti, adoption of Goal No. 12, encouragement of measures that will help to reduce housing costs so that residents are not required to spend more than 25 percent of their incomes on housing, failed to carry, Coun- cilman Pinkley, Mayor Wilson, and Councilwoman Hertzog voting no.. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Councilman Pinkley voting no, Goal No. 13, coordination with other governmental agencies, in order to insure maximum effectiveness in solving housing problems, was adopted. The Clerk announced that this was the time and place set -for the public hearing to consider Rezone Petition R-74-30, Costa Mesa Planning Commission, for permission .to rezone property located at the northwest corner of Placentia Avenue and Wilson Street, from R1 to R2 in con- formity with the General Plan. 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 Pinkley, seconded by Councilman Raciti, Ordinance 74-48, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBER AP -115-574- 11 FROM Rl TO R2 -CP, was given first reading and passed to second reading by the following roll call vote: n AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Request for The Clerk presented a request for rehearing Rehearing of Zone Exception ZE-74-62, Antonio De Frenza, ZE-74-62 2430 Windward Zane, Newport Beach., for permis- De Frenza sion to operate a pre-school for a maximum of 82 children, five days per week, from 7:00 a.m. Denied to 6:00 p.m., in a Cl zone, located at 3021-23 and 3025-27.Deodar Avenue; from Floyd E. McCullough on behalf of.Ernest Cosgriff. The Planning Department states there is no basis for rehearing. Mike Cosgriff, speaking on behalf of his father, Ernest Cosgriff, stated that a rehearing should be granted because his father did not receive notification of the original.hearing on this matter.. City records indicate that Ernest Cosgriff was notified by post card. A communication was received from Willard C. Courtney, also re- questing a rehearing on the grounds that the Restrictive Declaration Control Committee of Tract 3615 will require modification of the ,plans of ZE-74-62. Mr. Courtney was present and restated his opinions, adding that he also felt a procedural error was committed in the first hearing in that he was not permitted a rebuttal on two occasions. The City Attorney responded that the matter concerning the Restrictive.Declarations is a civil matter and the Council has no authority to intervene. Concerning the second contention, the City Attorney stated that the Chair has the prerog- ative in determining if a rebuttal is in order. Willard Jordan, representing Mr. De Frenza, expressed his opinion that there was no basis for a rehearing and felt that the request should be denied. .After discussion, on motion by Councilman Pinkley, seconded by Councilman Hammett, and -carried, Councilwoman Hertzog abstaining, the request for a rehearing was denied. Encroachment The Clerk presented Encroachment Permit No. 77, Permit No. 77 Costa Mesa Medical Center, 275 Victoria Street, for permission to encroach one foot into pro- posed easement with a sign. The Planning Commission recommended approval subject to conditions. On motion by Councilman Pinkley, seconded by Councilman.Raciti, and carried, the request was approved subject to conditions as recommended by the Planning Commission. ZE-74-73 The Director of Planning presented an application Krieger for Zone Exception ZE-74-73, Steve G. Krieger, 111 -Via Orvieto, Newport Beach, for a conditional use Denied permit to construct two private tennis courts, lo- cated at 1826 Pomona Avenue, in an R2 zone. The Planning Commission recommended denial. The applicant was not present. On motion by Council- man Hammett,,seconded by Councilwoman Hertzog, and carried, the request was denied. ZE-74-64 The Director of Planning presented an application Tice for Zone Exception ZE-74-64, Jim Tice, 3206 Colorado Place, Costa Mesa, for permission to up - Referred Back grade the building and operate a party rental. to Planning store in a C2 -CP zone,.located at 2025 Newport Commission Boulevard, and recommended that this item be returned to the Planning Commission as requested by the applicant so that revised plans may be 1 1 Oral Gilbert Sines, 19571 Sanderson Lane, Huntington Communications Beach, asked why his request on behalf of the Church of Religious Science, for permission to Request for hold a fiesta, was not, on the Agenda. The City Permit - Sines Manager responded that this request was received after the Agenda had been prepared and would possi- bly be scheduled on the next Agenda,. Notification Roger MacGregor, MacGregor Yacht Corporation, and Procedure Karen Fenn, offered their comments concerning the notification procedure: The City Manager stated that this procedure is currently under study. Bicentennial Joyce Martin, representing the Bicentennial Committee, Committee presented a request to plant a living Flag on a portion of the Estancia hill. The City Manager stated that landscape plans are currently being pre- pared for this area and it should be determined if the Committee's request is feasible. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, this request was referred to the City Manager. Councilmanic On motion by Councilwoman Hertzog, seconded by Comments Councilman Pinkley, and carried, the Leisure Services Department was commended for their fine work in pro- viding an excellent summer recreation program for the City of Costa Mesa. Signal at Councilman Hammett expressed his concern with the Vanguard Way traffic conditions at.the intersection of Vanguard and Fair Drive Way and Fair Drive. His observations indicate the need for greater traffic control at this location. On motion by Councilman' -Hammett, seconded by Councilman Pinkley, and carried, Councilwoman Hertzog voting no, installation of a signal at this location,.was approved.. Assembly Bill Mayor Wilson announced the passage of Assembly Bill 3605 3605 which raises the permissible noise levels by three decibels, thereby assuring that the Harley- Davidson Company can meet the requirements. submitted. On motion by Councilman'Pinkley, seconded by Councilman Raciti, and carried, the Planning Director's recommendation was approved. ZE-74-79 The'Director of Planning presented an application South Coast for Zone.Exception ZE-74-79, South Coast Plaza Plaza Hotel Hotel, 3420.Bristol Street, Costa Mesa, requesting approval -of submitted planned signing program, Removed from located at 666'Anton Boulevard,. in a TC zone, and Agenda requested that this item be removed from the Agenda as final action was authorized at Planning Commission level. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, this application was removed from the Agenda. ZE-74-80 The Director of Planning presented an application Malter for Zone Exception ZE-74-80, Maria A. and Emanuel H. Malter, 3371 Fuchsia Street, Costa Mesa, for permission to encroach three feet into required 7-1/2 foot 'rear yard setback for a room -addition in an R1 zone,. located at that address. The Planning Commission recommended approval. On motion by Councilman Hammett, seconded by Council- man.Pinkley, and carried, the request was approved. Oral Gilbert Sines, 19571 Sanderson Lane, Huntington Communications Beach, asked why his request on behalf of the Church of Religious Science, for permission to Request for hold a fiesta, was not, on the Agenda. The City Permit - Sines Manager responded that this request was received after the Agenda had been prepared and would possi- bly be scheduled on the next Agenda,. Notification Roger MacGregor, MacGregor Yacht Corporation, and Procedure Karen Fenn, offered their comments concerning the notification procedure: The City Manager stated that this procedure is currently under study. Bicentennial Joyce Martin, representing the Bicentennial Committee, Committee presented a request to plant a living Flag on a portion of the Estancia hill. The City Manager stated that landscape plans are currently being pre- pared for this area and it should be determined if the Committee's request is feasible. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, this request was referred to the City Manager. Councilmanic On motion by Councilwoman Hertzog, seconded by Comments Councilman Pinkley, and carried, the Leisure Services Department was commended for their fine work in pro- viding an excellent summer recreation program for the City of Costa Mesa. Signal at Councilman Hammett expressed his concern with the Vanguard Way traffic conditions at.the intersection of Vanguard and Fair Drive Way and Fair Drive. His observations indicate the need for greater traffic control at this location. On motion by Councilman' -Hammett, seconded by Councilman Pinkley, and carried, Councilwoman Hertzog voting no, installation of a signal at this location,.was approved.. Assembly Bill Mayor Wilson announced the passage of Assembly Bill 3605 3605 which raises the permissible noise levels by three decibels, thereby assuring that the Harley- Davidson Company can meet the requirements. Adjournment The Mayor declared the meeting adjourned at 8:35 p.m. Mayor of the City of Costa Mesa ATTEST:. City Clerk of the City of Co a Mesa 1