Loading...
HomeMy WebLinkAbout02/18/1975 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 18, 1975 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., in the Council Chambers of 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 0. J. Finch, Church of the Nazarene. Roll Call Council Members Present: Wilson, Hammett, Pinkley, Raciti, Hertzog Council Members Absent: None Officials Present: Assistant City Manager, City Attorney, Director of Plan- ning, Director of Public Services/City Engineer, City Clerk Minutes The Mayor declared the Minutes of the adjourned February 2, 1975 regular meeting of February 2, 1975, the regular February 4, 1975 meeting of February 4, 1975, and the adjourned February 5, 1975 regular meeting of February 5, 1975, approved as distributed and posted as there were no corrections. Police On motion by Councilman Hammett, seconded by Councilman Department Pinkley, Resolution 75-15, being A RESOLUTION OF THE Commended CITY COUNCIL OF THE CITY OF COSTA MESA, COMMENDING THE COSTA MESA POLICE DEPARTMENT AND ITS MEMBERS FOR Resolution 75-15 EXCELLENCE IN ACTION ON FEBRUARY EIGHTH AND NINTH, NINETEEN HUNDRED AND SEVENTY-FIVE, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Ordinances On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, all ordinances will be read by title only. Sight Standards On motion by Councilman Pinkley, seconded by Council- woman Hertzog, Ordinance 75-7, being AN ORDINANCE OF Ordinance 75-7 THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING Adopted SIGHT STANDARD SPECIFICATIONS FOR RESIDENTIAL FENCES AND LANDSCAPING, AND EXPRESSING REASONS THEREFOR, was given second reading and adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None -Zoning - On motion by Councilman Hammett, seconded by Councilman Hardship Cases Raciti, Ordinance 75-8, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING CERTAIN Ordinance 75-8 SECTIONS OF ARTICLE 23 OF TITLE 13, CHAPTER II OF THE Adopted COSTA MESA MUNICIPAL CODE, RELATING TO ZONE EXCEPTION PERMITS; PROVIDING FOR REAL HARDSHIP AS AN ADDITIONAL REASON FOR THE GRANTING OF A ZONE EXCEPTION PERMIT, AND STATING REASONS THEREFOR, was given second reading and adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Council Salaries On motion by Councilman Pinkley, seconded by Councilman Raciti, Ordinance 75-9, being AN ORDINANCE OF THE CITY Ordinance 75-9 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTAB- Adopted LISHING-SALARY FOR THE CITY COUNCIL MEMBERS., ESTABLISHING EFFECTIVE DATE OF SAID SALARY, AND CITING AUTHORITY THEREFOR, was given second reading and . adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT:. Council Members: None R-75-01 On motion by Councilman Raciti, seconded by Councilman Pinkley, Ordinance 75-•10, being AN ORDINANCE OF THE Ordinance 75-10 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF LOTS TWO, THREE, AND FOUR, OF TRACT 3749 FROM Rl TO CL, was given second reading and adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Proposed On motion by Councilman Pinkley, seconded by Councilman Street Name Hammett, and carried, a report of proposed street name Changes changes was referred to the next Council Study Session Referred to Agenda. Study Session Project TLC The Clerk :presented from the meeting of February 4, 1975, a request from Feedback Foundation, Incorporated, for City assistance with Project TLC. Shirley Cohen, from Feedback Foundation, Incorporated, elaborated on the need for City assistance and answered questions from the Council. During the discussion that followed, it was generally agreed that if the City does support this program, a committee should be formed to monitor the distribution of funds. Council Members Hertzog and Pinkley agreed to serve on this committee. Coun-' cilwoman Hertzog spoke in support of contributing funds to keep this program operating at least until July 1, 1975, when it is probable that other funding would be available for this purpose. After discussion, on motion by Councilwoman Hertzog, seconded by Council- man Pinkley, an allocation of $2,800.00 to Feedback Foundation, Incorporated, in support of Project TLC, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Fire Rating The Director of Planning relayed a message from the Fire Chief that the City has just received a Class 2 Resolution 75-16 Fire Rating which will result in a reduction of fire insurance premiums for Costa Mesa property owners. He also reported that the Costa Mesa Fire Department is ranked No. 1 in Orange County today and is in the top six in this State. On motion by Councilman 1 1 1 2,85 Hammett, seconded by Councilman Pinkley, Resolution 75-16, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING THE COSTA MESA FIRE DEPARTMENT UPON THE OUTSTANDING ACHIEVEMENT OF "CLASS TWO" FIRE RATING, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Steve Mitchell Alan Dirk.i.n, reporter from the Daily Pilot, intro - Acknowledged duced Steve Mitchell, Copy Editor on the same staff, who was in attendance at the meeting on a class assignment. CONSENT CALENDAR: The following items were removed. from the. Consent Calendar: Item 2, temporary trailer permit from Gail T. Norman; Item 8, sign regulations; Item 9, billboard regulations; Item 19, weed abate- ment; and Item 21, agreements with South Coast Plaza. On motion by Councilman Raciti, seconded by Council- woman Hertzog, 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 Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: Public Utilities Notice of Rehearing Conference from the Public Commission Utilities Commission in the -matter -of the appli- cation of Southern California Gas Company for a general increase in its gas rates, said rehear- ing scheduled for February 20, 1975, at 10 a.m., State Office Building, Los Angeles. Intergovernmental Memorandum from the Intergovernmental Coordinat- Coordinating ing Council of Orange County advising of those Council resolutions on file as.of January 15; 1975. Orange County A communication from Walter J. Smith, Chairman Transit District of Action Committee of.Orange, supporting Directors Assemblyman Briggs's bill regarding election of the directors of the Orange County Transit District by vote of the people. The City Council adopted Resolution 75-11 on January 21, 1975, in support of said bill. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: Jimmie Tishio Hikida and Tauyako Hikida, doing business as Jim.'s Market, 688 West Baker Street; and Lindoct, Incorporated, doing busi- End - ness as Minute King, 2052 Newport Boulevard, Reading Folder Units 1 and 2. Business A request from the Gas Company, 1550 Superior Avenue, Permit to allow public dancing in connection with the busi- Gas Company ness, was approved. Set for Public The following items were set for public hearing on Hearing March 4, 1975, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: Final EIR for Final Environmental Impact Report for proposed Billboard off -premise sign regulations (billboards). Regulations R-75-04 Rezone Petition R-75-04, Costa Mesa Planning Commission, for permission to rezone property located east of 1780.Hummingbird Drive, from Al to I and R, Institutional and Recreational, for park purposes. A Negative Declaration of Environmental Impact has been granted. R-75-05 Rezone Petition R-75-05, Costa Mesa Planning Commission, for permission to rezone property located at the western terminus of 18th Street and the southern terminus of Parkview Circle, from M1 to PDR -MD, Planned Development Resi- dential -Medium Density, into conformance with the General Plan. A Negative Declaration of Environmental Impact has been granted. Refunds On recommendation by the Recreation Supervisor, refund of a $15.00 class fee to Ms. Lynda Thompson, 3213 Thompson Artesia Street, Santa Ana, because the class was cancelled, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Farrell On recommendation by the Street Superintendent, refund of a $100.00 cash deposit to David Farrell, Post Office Box 2062, Newport Beach, on Permit 9788, as he wishes to discontinue the service of painting house numbers on curbs, was approved by the -following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Claims The following claims received by the Clerk were referred to the City Attorney: Rebecca Margaret Amacher, Shadrick Canington, Peter S. Roof, State Farm Insurance Company for Richard E. Nevara, and the law firm of Silvas and Eaton for Robert Cone. Tract 8208 The improvements in connection with Tract 8208, 20 Irvine Industrial lots, located south of the San Diego Freeway, between Complex Airport Loop Drive and Red Hill Avenue, have been completed by the Irvine Industrial Complex, 2122 Campus'Drive, Irvine, to the satisfaction of the Director of Public Services. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None D 1 287 Tract 8323 The improvements.in connection with .Tract 8323, 28 Irvine Industrial lots, located south of the San Diego Freeway, between Complex Orange County Airport and Airport Loop. Drive, have been completed.by the Irvine Industrial Complex, 2122 Campus Drive, Irvine, to the satisfaction of the Director of Public Services. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the work was -accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ZE-73-78 The improvements in connection with ZE773-78, located Feldman on the east side of Bristol Street, south of Baker Construction Street, Pep Boys Development, have been completed by Feldman Construction Company, 5400 Venice Boulevard, Los Angeles, to the satisfaction of the Director of Public Services. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ZE-73-104 The improvements in connection with ZE-73-104, located Kelly on Baker Street, Paularino Avenue, and Newport Frontage Road, have been completed by David Kelly, 363 San Miguel Drive, Suite F, Newport Beach, to the satisfaction of the Director of Public Services. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 247 Bids received for Bid Item 247, 1975 Model Cargo Van 1975 Cargo Truck, for the Costa Mesa Police Department, are on Van Truck file in the Clerk's office. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the bid was Awarded awarded to Howard Chevrolet, Incorporated, 895 Dove Howard Chevrolet Street, Newport Beach, in the amount of $4,448.72, being the lowest bid meeting 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 255-A Bids received for Bid Item 255-A, One Each Truck with Truck with Chipper Body, for Parkway Division, are on file in Chipper Body, the Clerk's office. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the bid was awarded Awarded to Peck Road Ford Truck Sales, Incorporated, 2450 . Peck Road Ford Kella Avenue, Whittier, in the amount of $12,456.78, Truck Sales being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None A68 Bid Item 272 Bids received for,Bid'Item 272, 1975 Model Four -Door 1975 Four -Door Station Wagon, for the Fire Department, are on file Station Wagon in the Clerk's office. On motion by Councilman at Costa Mesa City Raciti, seconded by Councilwoman Hertzog, the bid was Awarded awarded to Connell Chevrolet, 2828 Harbor Boulevard, Connell Chevrolet Costa Mesa, in the amount of $4,486.04, being the lowest bid meeting 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 273 Bids received for Bid Item 273, 1975 Model Four -Door 1975 Four -Door Station Wagon, for the Recreation Division, are on Station Wagon file in the Clerk's office. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the bid was Awarded awarded to Connell Chevrolet, 2828 Harbor Boulevard, Connell Chevrolet Costa Mesa, in the amount of $4,575.65, being the lowest bid meeting -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 274 Bids received for Bid Item 274, Nursery Material, are Nursery Material on file in the Clerk's office. On motion by Council- man Raciti, seconded by Councilwoman Hertzog, and Bids Rejected carried, all bids were rejected. Partial The construction of concrete bleachers at Costa Mesa Completion City Park has been partially completed by Victor Ben - Concrete -Bleachers Aziz, Post Office Box 1307, Huntington Beach, to the at Costa Mesa City satisfaction of the Director of Leisure Services. On Park motion by Councilman Raciti, seconded by Councilwoman Hertzog, partial payment was approved in accordance with a modified agreement dated January 31, 1975, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Permit Item 2 on the Consent Calendar, a request from Gail T. Norman, Convest Corporation, for permission to Norman place a 12 -foot by 60 -foot temporary mobile home on the construction site of the Latter Day Saints Church, 2775 Estancia Drive, to be used as living quarters for the security night watchman and family until the church is completed, but not to exceed one year, was presented. The applicant was present and answered questions from the Council. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the request was approved subject to normal requirements of the Building Department. Set for Public On motion by Councilman Raciti, seconded by Councilman Hearing Pinkley, and carried, Item 8 on the Consent Calendar, Special Sign proposed amendments to Title 5, Chapter 6, Costa Mesa Regulations Municipal Code, on-site business sign regulations, establishing special sign regulations for automobile dealers, motels, movie theaters, and gasoline service stations, was set for public hearing at 6:30 p.m., March 18, 1975. 1 r� ��� Set for Public On motion by Councilwoman_ Hertzog, seconded by Council - Hearing man Hammett, and carried, Item 9 on the Consent Calendar, Billboard proposed off-premi.se'sign regulations (billboards), was Regulations set for public hearing at 6:30 p.m., April 1, 1975. Weed Abatement Item 19 on.the Consent Calendar, the Weed Abatement Program Program, was presented. Verlyn Marth, 3197 Cape Verde Place, Costa Mesa, spoke in.opposition to the Held Over extensive use of herbicides in the Weed Abatement Program throughout the City, and suggested that the program only be implemented on a request basis and that consideration be given to mechanical removal of weeds as opposed to chemical removal. Councilman Hammett felt that Mr. Marth's remarks warranted inves- tigation and made a motion, seconded by Councilwoman Hertzog, and carried, that this item be held over for 30 days pending a report and recommendations by the staff. Agreements with Items 21 on the Consent Calendar, agreements with South Coast South Coast Plaza for (a) Anton Boulevard crossing Plaza the Santa Ana Delhi Channel; (b) 620 feet of the Santa Ana Delhi Channel, were presented. The Council Anton Boulevard previously discussed these items at the meeting of Crossing the February 2, 1975. The City Attorney.reported that Santa Ana Delhi agreements (a).and (b) have been drawn up in principle, Channel with a few minor corrections to be incorporated. The Director of Public Services elaborated on the proposals set forth in the agreements. Dolores Bonacorsi, 2403 Fordham Drive, Costa Mesa, asked questions about the distribution of taxes derived from private development. Tom Nelson, 283 Lilac Lane, Costa Mesa, felt that a decision on this matter should be delayed until an overall plan for the South Coast Plaza area is.avail- able.' After discussion, on motion by Councilman Hammett, seconded by Councilman Pinkley, the agreement - with South.Coast Plaza concerning Anton Boulevard street improvements over the Santa Ana Delhi Channel, was approved subject to the final agreement meeting the requirements of the City Attorney and the City Council, and after said approval having been received, the Mayor and Clerk were authorized to sign the agree- ment on behalf of the City, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 620 Feet.of the The aforementioned Item 21(b) on the Consent Calendar Santa Ana Delhi was presented. On motion by Councilman Pinkley, Channel seconded by Councilman Hammett, the agreement with South Coast Plaza concerning the Santa Ana Delhi Channel upgrading and street construction extending from Sunflower Avenue a distance 620 feet southward, was approved, subject to the final agreement meeting the requirements of the City Attorney and the City Council, and after said approval having been received, the Mayor and Clerk were authorized to sign the agreement. on behalf of the City, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearings On -,motion by Mayor Wilson; seconded by Councilman Held Over to Pinkley,.and carried, the following public hearings May 20, 1975 were held over for -a period of 90 days to the meeting of May 20, 1975: Rezone Petition R-74-27, Amended, R-74-27 Amended Costa Mesa Planning Commission; Rezone Petition R-74-36 R-74-36, Costa Mesa Planning Commission; Rezone R-74-39 Petition R-74-39, Costa Mesa Planning Commission; R-74-40 Rezone Petition R-74=40, Costa Mesa Planning Commis - R -74-41 sion; Rezone Petition R-74-41, Costa Mesa Planning R-74-42 Commission; and.Rezone Petition R-74-42, Costa Mesa Planning Commission. Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 872 Raciti, Warrant Resolution 872, including Payroll 7503, was approved by the following roll call vote: AYES: Council Members: Wilson., Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Raciti, seconded by Councilman Resolution 873 Pinkley, Warrant Resolution 873 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 Claim The City Attorney presented the claim of Thomas Raymond Martin, III, and recommended that it be denied Martin as there was no liability onthe part of the City. On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, the claim was denied. Claim. The City Attorney presented the claim of Gary Ambrose, and recommended that it be denied as there was no Ambrose liability on the part of the City. On motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, the claim was denied. Request to The Assistant City Manager presented a request from Appeal - Skee Firefighter Jeff Skee to appeal an administrative action. Richard H. Castle, from the Teamsters' Public Denied Employees Union, was present, representing Mr. Skee, and requested that if the appeal is granted the hear - ing be submitted to an arbitration panel. After discussion,-on motion by Councilman Hammett, seconded by Councilman, Pinkley, and carried, the request for compulsory arbitration was denied. A motion by Councilman Hammett, seconded by Councilman Pinkley, to grant a.rehearing before the City Council failed to carry, Council Members Wilson, Pinkley, and Raciti voting no. On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, Councilman Hammett voting no, the -request to appeal was denied. Recess The Mayor declared a recess at 8:20 p.m., and the, meeting reconvened at 8:25 p.m. Public Hearing The Clerk announced that this was the time and place Final EIR set for the public hearing, continued from the meeting Placentia Avenue, of December 17, 1974, to consider Final Environmental 17th Street, Impact Report concerning possible zoning changes for Pomona Avenue, the general area bounded by Placentia Avenue, 17th and Shalimar Street, Pomona Avenue, and Shalimar Drive. The Drive affidavit of publication is on file in the Clerk's 1 office.. A,communication_has been received from P. L. Kruckenberg, expressing approval of Alternative II and Alternative.C,-as outlined in the zoning General Plan Study -.for this area. There being no speakers, the Mayor closed the public hearing: On motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, the Final Environmental Impact Report was accepted as meeting the requirements of the law. Public Hearing The Clerk announced that this was the time and place R-74-37 set for the.public hearing, continued from the meet- ing of December 17, 1974, for Rezone Petition R-74-37, Ordinance 75-11 Costa Mesa Planning Commission, for permission to First Reading rezone property located at 2121 Placentia Avenue, from M1 to C1 -CP.. 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. The CEQA requirements have been fulfilled by the Environmental Impact Report for General Plan Amendment GP -74-07, accepted on October 15, 1974. On motion by Councilman Raciti, seconded by Councilman Pinkley, Ordinance 75-11, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBER 115-424-32 FROM Ml TO Cl -CP, 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 Public Hearing The Clerk announced that this was the time and place R-74-38 set for the public. hearing, continued from the meeting of December 17, 1974, for Rezone Petition R-74-38, Ordinance 75-12= Costa Mesa Planning Commission, for permission to First Reading rezone property located..at 2115 Placentia Avenue, from Ml to R4 -CP.. 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. The CEQA requirements have been fulfilled by the Environmental Impact Report for General Plan Amendment GP -74-07, accepted on October 15, 1974. On motion by Councilman Pinkley, seconded by Councilman Raciti; Ordinance 75-12, being AN ORDINANCE OF THE CITY COUNCIL OF.THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBER 115-424-33 FROM M1 TO R4 -CP, 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 Public Hearing The Clerk announced that this was the time and place R-75-02 set for the public hearing for Rezone Petition R-75-02, Costa Mesa Planning Commission, for permission Ordinance 75-13 to pre -zone property located at 2159 Canyon Drive, from First.Reading County R4 to City.PDR-MD, Planned Development Residential -Medium Density. 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 Councilwoman Hertzog, a Negative Declaration of Environmental Impact was accepted, and Ordinance 75-13, being AN �J Public.Hearing R-75-03 Ordinance 75-14 First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,.CALIFORNIA, PREZONING CERTAIN UNINCORPORATED TERRITORY ADJOINING THE CITY BOUNDARY FROM COUNTY R4 TO PDR=MD, 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 The 'Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-75-03, Costa Mesa Planning Commission, for permis- sion to rezone property located at 1016 West 19th Street, from M1 to Rl, into conformance 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 Raciti, seconded by Councilwoman Hertzog, a Negative Declaration of Environmental Impact was accepted, and Ordinance 75-14, being AN ORDINANCE OF THE CITY COUNCIL`OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBER 115-502-28 FROM M1 TO R1, was given first reading and passed to second reading, by the follow- ing roll call vote:, AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Proposed Pawn The Clerk presented a proposed ordinance adopting the Shop Ordinance State Act on pawnbrokers and secondhand dealers, making amendments thereto, and generally providing Held Over for the regulation of pawnbrokers and secondhand dealers. The Assistant City Manager recommended that this item be held over for 30 days in accordance with the.request from the attorney representing the local pawnbrokers and secondhand dealers. On motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, this item was held over to the meeting of March 18, 1975. Tree Removal The Clerk presented a proposed ordinance regarding tree removal. On motion by Councilman Hammett, Ordinance 75-15 seconded by Councilwoman Hertzog, Ordinance 75-15, First Reading being AN ORDINANCE OF.THE CITY COUNCIL OF THE CITY_OF COSTA MESA AMENDING SECTION 15-11 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE CUTTING OF PUBLIC TREES; PROVIDING FOR AN INDEMNITY BY THE PROPERTY OWNER AFFRONTING THE PUBLIC RIGHT OF WAY WHERE TREES ARE'LOCATED; PROVIDING FOR AN INDEMNITY INSURANCE, NOTICE OF POLICY CANCELLATION, INSURANCE LIMITS, AND RESTRICTIVE CONVENANTS; AND STATING 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 Open Space The Clerk presented for consideration, acceptance of Easement for an open space easement located east of Bristol Street Park Purposes between Sunflower Avenue and Anton Boulevard; said easement to be used for public park purposes. On Resolution 75-17 motion by Councilman Raciti, seconded by Councilman 1 1 1 �3 Pinkley, Resolution 75-17, being A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF COSTA MESA FINDING PUBLIC CONVENIENCE AND NECESSITY FOR THE ACCEPTANCE OF AN OPEN SPACE EASEMENT UNDER THE OPEN SPACE EASEMENT ACT OF.1974; AND STATING REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Schedule and The Clerk presented a schedule and procedures for Procedures for reviewing the elements of the General Plan; and, Reviewing the procedures, fees, and policies for specially General Plan initiated General Plan amendments. On motion by Councilman.Pinkley, seconded by Councilwoman Hertzog, Held Over and carried, this item was held over to the meeting of March 18, 1975. Housing and The Clerk presented a.proposed application to HUD for Community Housing and Community Development Act funds. Staff Development members summarized the intent of the Housing and Act Community Development Act, and outlined the require- ments of the Housing and Assistance Plan. Boyd McCullough, 3246 Oregon Avenue, Costa Mesa, presented the report and recommendations of the Costa Mesa Community Development Committee as they relate to the decisions which Council must vote on if the applica- tion for funds is to go forward. The following persons offered comments and suggestions to the Council: Paul Rover; Frank Forbath, 2880 Clubhouse Road, Costa Mesa; and Mary Scherf, 955 Springfield Street, Costa Mesa. A lengthy discussion followed. Recess The Mayordeclared a recess at 10:15 p.m. and the meeting reconvened at 10:25 p.m. Discussion continued on the specific decisions out- lined in the report of the Community Development Committee. A motion by Councilman Raciti, to make application to HUD for Community Development funds, and to adopt the recommendations of the Committee, was followed by a request from Mary Smallwood, 1981 Coronet Drive, Costa Mesa, that Councilman Raciti defer to Councilwoman Hertzog to make the motion because of her diligent interest in this program. Councilman Raciti withdrew his motion. A motion was made by Councilwoman Hertzog, seconded by Councilman Hammett, to file application for funds under the Housing and Community Development Act; to join the Orange County Housing Authority; and to adopt Authorization Decision No. 11 as outlined in the Committee's to Join Orange report, with an amendment to Item 6 on Page 7 to County Housing read, "Provide funds for the TLC Program." Boyd Authority McCullough, on behalf of the Committee, expressed approval of .the amendment and recommended adoption of the entire package with this change. The motion carried, Councilman Pinkley voting no. Councilman Pinkley explained his reasons for voting no but added that once a Council decision is made, it becomes his decision, and therefore, made a motion, seconded by Councilman Hammett, that the previous action be adopted by a unanimous vote. The motion carried unanimously. The City Attorney recommended that the Council now address the remaining items of decision as outlined in the Committee's report. Decision No. 3, in regard to short term community Resolution 75-18 Application for Funds Under Housing and Community Development Act Request to Appeal Butler Hearing Set development objectives, was.discussed and Boyd McCullough commented that these objectives could be amended at a later date if desired. On motion by Councilman'Hammett, seconded by Councilwoman Hertzog, and carried, the recommendations of the Committee _contained in Decision No. 3 were adopted with the modification of Item 3 to read, "Provide community recreation centers in areas where low and moderate income families exist." Decision No. 4, concerning long-term community development objectives, was discussed. On motion by Councilwoman Hertzog, seconded by Councilman Pinkley, and carried, the long-term.objectives as recommended by the Committee were adopted. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the Committee's recommendations concerning Decision No. 5, use of other funds to meet Community Development needs and objectives, was adopted. On motion by Councilman Hammett, seconded by Council- woman Hertzog, and carried, the Committee's recommendation concerning Decision No. 6, should the staff be directed to investigate funds under other sections'or titles of the Community Develop- ment Act, was adopted. On motion by Councilwoman Hertzog, seconded by Councilman Hammett, and carried, Councilman Pinkley voting no, the Committee's recommendation concerning Decision No. 7, Census Tract Locations for new construction of lower income housing, was adopted. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, the Committee's recommendation on Decision No. 8, concerning standards for location of new construction of lower-income housing, was adopted. On motion by Councilman Hammett, seconded by Council- woman.Hertzog, and carried, the Committee's recommendation on Decision No. 9, concerning Census Tract Locations for new construction of lower income housing for the elderly, was adopted. On motion by Councilwoman Hertzog, seconded by Councilman Hammett, and carried, the Committee's recommendation on Decision No. 10, concerning Census Tract Locations for rehabilitated housing projects for lower income households, was adopted. On motion by Councilwoman Hertzog, seconded by Councilman Hammett, Resolution 75-18, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING AN APPLICATION PUR- SUANT TO TITLE I OF PUBLIC LAW 93-383 OF THE 93RD CONGRESS, BEING THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974; ESTABLISHING AUTHORITY THEREFOR; APPOINT- ING A .CERTIFYING OFFICER TO ACT ON BEHALF OF CITY; CREATING THE COMMUNITY DEVELOPMENT COMMITTEE AND ASSIGNING THEIR DUTIES; MAKING THE ASSURANCES AS REQUIRED BY THE AFORESAID ACT; AND PROVIDING SUCH INFORMATION AS WILL BE REQUIRED BY THE DEPARTMENT OF HOUSING: AND URBAN DEVELOPMENT, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None The Clerk presented a request from Fisher Butler, 4204 West Third Street, Los Angeles, for rehearing of Zone Exception ZE-75-05, for a Conditional Use Permit for restaurant and cocktail lounge to allow reduction in required parking.in commercial center (133 required, 102 provided) in a C2 zone,. located.at 369 East 17th 1 L 995 Street. On motion by Councilwoman Hertzog, seconded by Councilman Pinkley, and carried, the request was granted and the hearing date set .for March 18, 1975. ZE-74-90 The Director of Planning presented from the meeting Tiny Naylor's of November 19, 1974, application for Zone Exception ZE-74-90, Tiny Naylor's, 5650 West Centinela Avenue, Denied Los Angeles, for permission to construct and install one monument type sign eight feet overall height and 30 square feet, where a sign of 15 -square feet and seven feet in height.is permitted upon property with 134 feet of street frontage, located at 3099 Bristol Street, in a Cl zone. The Planning Commission recommended denial. The applicant was not present. On motion by Councilman Raciti,-seconded by Council- man Hammett, and carried, the request was denied. ZE-75-06 The Director of Planning presented an application Pantzar for Zone Exception ZE-75-06, Richard C. Pantzar, 1777 Placentia Avenue, Costa Mesa, for permission to operate an auto body shop and car restoration service in an MG zone, located at that address. A Negative Declaration of Environmental Impact has been granted. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to all conditions. On motion by Councilman Pinkley, seconded by. Councilman Raciti, and carried, the Negative Declaration of Environmental Impact was accepted, and the application approved subject to conditions as recommended by the Planning Commission. ZE-75-07 The Director of Planning presented an application Ambassador Inns for Zone Exception ZE-75-07, Ambassador Inns of America, in care of Dale L. Ingram, Post Office Box 229, E1 Monte, for permissionfor a Variance from Code to allow construction of a 98 square foot ground sign, 25 feet in height (15 square feet, 7 feet in height allowed) and a 671/4 square foot directional sign, 3 feet 2 inches in height, for a motel in a Cl -CP zone, located at 2777 Harbor Boulevard. An Exempt Declaration of Environmental Impact has been filed. A communication in opposition to the request has been received from John C. Wallace, 2017 East Ocean Boulevard, Newport Beach. The Planning Com- mission recommended approval. During the discussion it was brought out that this building was designed with a feature known as a porte cochere. This feature is interpreted as being part of the building, and as such, falls within 20 feet of the property line. The City sign ordinance prohibits use of normally permitted large signs if building is within 20 feet of the property line. After discussion-, on motion by Councilwoman Hertzog, seconded by Council- man Hammett, and.carried, Councilman Raciti voting no, the Exempt Declaration of Environmental Impact was accepted, and the application was approved as recom- mended by the Planning Commission, and based on the apparent technicality which was brought up in the discussion. Oral Matthew Arko, 2454 Newport Boulevard, commented on_ Communications the decisions of Council in regard to the appeal request and the application to HUD. Councilmanic Councilman Raciti requested to be out of the Country Comments for a period of three to four days. The request was approved unanimously. Adjournment The Mayor declared the meeting adjourned at 11:30 p.m. M yor of the City of Costa Mesa ATTEST: City Clerk of the City of Cos Mesa 1 LI