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HomeMy WebLinkAbout03/18/1975 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 18, 1975 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., March 18, 1975, in the Council Chambers of City Hall, 77 Fair Drive,'Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Gary Southwick, Church of Jesus Christ of Latter Day Saints. Roll Call Council Members Present: Pinkley, Hammett, Wilson, Raciti, Hertzog Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk Mayor Wilson Outgoing Mayor, Robert M. Wilson., reflected briefly on Steps Down his third term as Mayor of the City of Costa Mesa and thanked his fellow Council Members for their coopera- tion in achieving many of his goals for the City. Mayor Pinkley commended Mayor Wilson on his record of service to the City of Costa Mesa and presented to him a ceremonial gavel commemorating his three terms served in the office of Mayor. Vice Mayor Hammett unveiled a collection of keys to Orange County cities, collected by the City Clerk's office, and presented them to Mayor Wilson to add to his already -established collection. Projects to be Mayor Pinkley spoke of the projects which the City will Accomplished accomplish in 1975. Included in this list were such in 1975 items as the redevelopment of downtown Costa Mesa, completion of the industrial ordinance, museum feasi- bility and design for the Estancia, newsrack ordinance, and the construction of 17th Street between Superior Avenue and Newport Boulevard. Mayor Pinkley expressed confidence that this Council will achieve these objectives in 1975. Director of Mayor Pinkley presented a pin to Jim Eldridge, Director Public Services of Public Services, representing five years' of employ - Receives ment with the City of Costa Mesa. This presentation Five -Year Pin was inadvertently overlooked at the recent Awards Banquet. Proclamation On motion by Councilwoman Hertzog, seconded by Council- Sailorettes Drill man Wilson, and carried, a proclamation declaring the Team Month month of May as Sailorettes Drill Team Month, was adopted. Proclamation Volunteer On motion by Councilman Hammett, seconded by Raciti, and carried, a proclamation declaring Councilman April 20 Recognition through 26, 1975, as Volunteer Recognition Week, was Week adopted. Proclamation On motion by Mayor Pinkley, seconded by Councilman Public Schools Wilson, and carried, a proclamation declaring April 21 Week through 27, 1975, as Public'Schools Week, was adopted. Minutes The Mayor declared the Minutes of the regular meeting March 4, 1975 of March 4, 1975, approved as distributed and posted as there were no corrections. t Bicentennial Bumper stickers celebrating the Bicentennial in Costa Mesa were presented for distribution. Officials Mayor Pinkley recognized officials present in the Recognized audience, including the Costa Mesa County Water District Board of Directors: Jack Brobeck, repre- senting United States Representative Andrew Hinshaw; Art MacKenzie, former City Manager; Nick Ziener, Executive Manager of the Costa Mesa Chamber of Commerce; and former Costa Mesa Mayors Willard Jordan and Clare Nelson. Ordinances On motion by Councilman Wilson, seconded by Councilman Hammett, and carried, all ordinances will be read by title only. R-75-04 On motion by Councilman Hammett, seconded by Councilman Wilson, Ordinance 75-16, being AN ORDINANCE OF THE CITY Ordinance 75-16 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Adopted THE ZONING IN THE GENERAL AREA NORTHWEST OF THE.INTER- SECTION OF TANGER AND GOLF COURSE DRIVES, FROM Al TO I AND R,- was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, 'Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members:None R-75-05 On motion by Councilman Hammett;, -seconded by Council- woman Hertzog,-Ordinance 75-17,i being AN ORDINANCE OF Ordinance 75-17 THE CITY COUNCIL OF THE CITY OF; COSTA -MESA, CALIFORNIA, Adopted CHANGING THE ZONING IN THE GENERAL AREA OF THE WESTERN TERMINUS OF EIGHTEENTH STREET AND THE SOUTHERN TERMINUS OF PARKVIEW CIRCLE, FROM Ml TO PDR -MD, was given second reading and adopted by the foll'owing.roll call vote: AYES: Council Members:, Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Illegal Aliens The Clerk presented from the meeting of March 4, 1975, a resolution from the City of Placentia requesting that the League of California Cities demand that our State and Federal elected representatives take immediate action to deal with the problem of the illegal alien in this Country., On motion by Council- man Wilson, seconded by Councilman Raciti, Resolution Resolution 75-23 75-23, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, REQUESTING THAT THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES DEMAND THAT OUR STATE AND FEDERAL ELECTED REPRESENTATIVES TAKE IMMEDIATE POSITIVE ACTION ;TO DEAL WITH THE PROB- LEM OF THE PRESENCE OF THE ILLEGAL ALIEN IN THIS COUNTRY, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members:' None Schedule and The Clerk presented from the meeting of February 18, Procedures for 1975, schedule and procedures for reviewing elements Reviewing the of the General Plan. On motion by Councilman Wilson, General Plan seconded by Councilwoman Hertzog, Resolution 75-24, being A RESOLUTION OF THE CITY,COUNCIL OF THE CITY OF Resolution 75-24 COSTA MESA, CALIFORNIA, ESTABLISHING A SCHEDULE AND PROCEDURES FOR REVIEWING THE ELEMENTS OF THE GENERAL 362 PLAN; AND PROCEDURES, FEES, AND POLICIES FOR SPECIALLY INITIATED -GENERAL PLAN -AMENDMENTS, was adopted by the following roll call vote: AYES: Council Members:' Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Proposed The Clerk presented from the meeting of February 18, Pawnshop 1975, a proposed ordinance adopting the State Act Ordinance on pawnbrokers and secondhand dealers, making amend- ments thereto, and generally providing for the Held Over regulation of pawnbrokers and secondhand dealers. On motion by Councilman Hammett, seconded by Councilman Wilson, and carried, this item was held over to the meeting of April 1, 1975. Parking District On motion by Mayor Pinkley, seconded.by Councilman No. l Wilson, and carried, H. Calvin Stilley was reappointed Reappointment to the Vehicle Parking District No. 1 for a term of three years, from the expiration date of February 7, 1975, to February 7, 1978. A request from the Riverside County Board of Super- visors enlisting support for a new National Cemetery to be located near March Air Force Base, was received and processed. Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: FHWA/UMTA Draft A resolution from the City of Irvine opposing Guidelines the Federal Highway Administration and Urban Mass Transportation Administration (FHWA/UMTA) draft guidelines for a transportation develop- ment program (TDP) and urging FHWA/UMTA to work with the individual urbanized areas to develop a program applicable to that particular area. The City Council adopted similar Resolution 74-96 on November 5, 1974.. CONSENT CALENDAR: The following items were removed from the Consent Calendar: Item 1, a resolution from the City of Seal Beach opposing transformation of SCAG into a statutory agency; Item 2, a resolution from the City of Westminster regarding earnings limitation under Social Security; Item 3, a copy of a letter from Mayor Donald A. McInnis of Newport Beach regarding Santa Barbara oil blowout litigation; Item 4, application of Southern California Gas Company for a rate increase; Item 7, request from Gene Atherton, M.D. regarding park dedication standards; and Items 25a, 25d, and 25e, conference advances. On motion by Councilman Hammett, seconded by Councilman Wilson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None National A request from the City of Bakersfield to join them Cemetery in their efforts to establish -a National Cemetery near Bakersfield, was received and processed. A request from the Riverside County Board of Super- visors enlisting support for a new National Cemetery to be located near March Air Force Base, was received and processed. Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: FHWA/UMTA Draft A resolution from the City of Irvine opposing Guidelines the Federal Highway Administration and Urban Mass Transportation Administration (FHWA/UMTA) draft guidelines for a transportation develop- ment program (TDP) and urging FHWA/UMTA to work with the individual urbanized areas to develop a program applicable to that particular area. The City Council adopted similar Resolution 74-96 on November 5, 1974.. Orange County An excerpt of the Orange County Board of Airport Supervisors Minutes of their meeting of February 25, 1975, regarding Costa Mesa Resolution 75-10 which urged development of commercial air facilities on the west side of Orange County 'Airport, ordered referred for study by County Counsel, Director of Environmental Management Agency, and the Director of Aviation for a report back to the Board in 45 days. Orange County A letter from the College Park Homeowners Fairgrounds Association endorsing the proposed redevel- opment of the Orange County Fairgrounds property, and requesting to be informed of any deviation from the original plan. Intergovernmental Memorandum from the Orange County Intergovern- Coordinating mental Coordinating Council advising of those Council resolutions on file as of February 14, 1975. Senate Bill 275 Resolution from the City of Orange expressing its opposition to Senate Bill 275, the "Collective Bargaining Act for Public Employ- ment." The City Council adopted similar Resolution 75-20 on March 4, 1975. Public Utilities Application to the Public Utilities Commission Commission from Pacific Telephone and Telegraph Company, for authority to increase rates. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: John Durant, doing business at 2642 Newport Boulevard; and Arthur Johnson, doing End - Reading Folder business at 1881 Park'Avenue. Permit A request from the Costa Mesa Kiwanis for use of Lions Park (formerly Costa Mesa City Park), from Costa Mesa 5:00 p.m. on May 9, to 3:00 p.m. on May 10, 1975, Kiwanis including use of loudspeaker system, for a breakfast, was approved subject to conditions of the Leisure Services Department. Business Permit A Notice of Intention to Solicit for Charitable Application Purpose from City of Hope, A National Medical Center, 208 West Eighth Street, Los Angeles, by door-to-door City of Hope. solicitation, June 1 through 30, 1975, was approved with Section 9-326J of the Municipal Code waived. Set for Public The following items were set for public hearing on the Hearing dates indicated, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: Alley On motion by Councilman.Hammett, seconded by Abandonment Councilman Wilson, Resolution 75-31, being A McFarland RESOLUTION OF THE CITY COUNCIL OF THE CITY April 15, 1975 OF..COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF AN ALLEY, Resolution 75-31 ABUTTING LOTS TWO THROUGH NINE, INCLUSIVE, TRACT 3749, IN THE GENERAL AREA OF PRESIDIO DRIVE AND BRISTOL STREET, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 1 1 R-75-07 Rezone Petition -R'=75-07, Santa Anita Develop= April 1, 1975 ment Corporation, 363 San Miguel Drive, Post Office Box 1880, Newport Beach, for permission to rezone property located at the northeast corner of Baker Street and Enterprise Avenue, from ML to CL. Negative Declaration of Environmental Impact has been filed. Proposed Vending— A proposed ordinance providing for regulation Machine Ordinance of vending machines on the public rights -of - April 1, 1975 way. Refunds On recommendation by the Revenue Supervisor, a refund of $45.00 to Comdata Division of Memorex Corporation, Comdata - 1352 Reynolds,.Irvine, ori Business License No. 5818, Memorex as duplicate licenses were issued, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT:. Council Members: None Konwiser On recommendation by the Revenue Supervisor, a refund Corporation of $36.00 to The Konwiser Corporation, 4120 Birch Street, Newport Beach, on Business License No. 6603, as duplicate licenses were issued, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None "ABSENT: Council Members: None Swan Pools On recommendation by the Street Superintendent, refund of a $100.00 pool construction bond to'Swan Pools, 961 North Azusa, Covina, on Permit No. 9698, as construc- tion has been completed at 2370 College Drive, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Young On recommendation by the Street Superintendent, refund of a $100.00 pool construction bond to Sedley A. Young, 3043 Samoa Place, Costa Mesa, on Permit No. 7109, as construction has been completed at that address, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Hargett On recommendation by the Revenue Supervisor, refund of a'$3.00 dog license fee to Hubert Hargett, 2232 Pomona Avenue, Costa Mesa, as two licenses were purchased, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT:- Council Members: None Claims The following claims received by the clerk were referred to the City Attorney: Judson Grant, doing business as Windfast Marine; Susan Herschler; and Dennis E. Skalman. Signalization The Traffic Commission recommended alternatives to of Fair Drive the signalization of Fair Drive and Vanguard Way which and Vanguard were outlined in a letter to 'Council dated March 10, Way 1975. The alternatives were considered by Council. Bid Item 274-A Bids received for Bid Item 274-A, Nursery Material for Nursery Material TeWinkle Park Landscaping Program, are on file in the Ferro Clerk's office. On motion by Councilman Hammett, Awarded seconded by Councilman Wilson, the bid was awarded to Forest Nurseries, be split among Forest Nurseries, 1072 North Puente Environmental Street, Brea; Environmental Nursery, 1725 Thibodo Nursery, and Street, Vista; and Miya Plant Growers, 8735 La Palma Miya Plant Avenue, Buena Park, being the three lowest bids, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Signalization of Wilson, Raciti, Fair Drive and Hertzog Vanguard Way NOES: Council Members: None ABSENT: Council Members: None Bid Item 276 Bids received for Bid Item 276, Pavement Markers, are Pavement Markers on file in the Clerk's office. On motion by Council- man Hammett, seconded by Councilman Wilson, the bid Awarded was awarded to be split between Cataphote Division of Cataphote Ferro Corporation, Post Office Box 2369, Jackson, Division of Mississippi; and Ray -O -Lite, Incorporated, 16102 Ferro Gothard Street, Huntington Beach, being the two lowest Corporation bidders meeting specifications, by the following roll and Ray -O -Lite call vote: AYES: Council Memb.ers: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Signalization of Bids received for the installation of traffic signals Fair Drive and and safety lighting at Fair Drive and Vanguard Way Vanguard Way are on file in the Clerk's office. On motion by Councilman Hammett, seconded'by Councilman Wilson, the Awarded contract was awarded to Baxter and Griffen, 8210 Monroe Baxter and Avenue, Stanton, in the amount of $23,160.00, being the Griffen lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Conference A conference advance for a police captain to attend Advances CPOA Annual Conference in San Jose, May 18 through 22, 1975, was approved in the amount of $253.00, by the following roll call.vote:, AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None A conference advance for a police lieutenant to attend Protection of Public Figures Conference in San Francisco, April 21 through 23, 1975, was approved in the amount of $205.00, by.the following roll call vote: fl 1 Relocation of Bus Stops at Del Mar and Orange Avenues Resolution 75-25 Time Limit Parking East 16th Street and.Newport Frontage Road Resolution 75-26 Parking Prohibitions Elm Avenue, Dale Way, Sunflower Avenue,. Victoria Street Resolution 75-27 Stop Signs AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None A conference advance for a police lieutenant to attend Computer Systems in Law Enforcement Conference in San Jose, May 18 through 23,'1975, was approved in the amount of $220.00, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None The Traffic Commission recommended relocation of bus stops at Del Mar and Orange Avenues to provide parking space at one of the curbs on the northwest corner. On motion by Councilman Hammett, seconded by Councilman Wilson, Resolution 75-25, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELOCATING THE BUS STOPS AT THE INTERSECTION OF ORANGE AVENUE AND DEL MAR AVENUE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None The Traffic Commission recommended time limit parking on the southerly curb of East 16th Street between Newport Boulevard and Orange Avenue; and on Newport Frontage Road north of East 17th Street, to provide short term parking.. On motion by Councilman Hammett, seconded by Councilman Wilson, Resolution 75-26, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RESTRICTING PARKING ON PORTIONS OF NEWPORT FRONTAGE.ROAD NORTH OF EAST 17TH STREET, AND THE SOUTHERLY CURB OF EAST 16TH STREET BETWEEN NEWPORT BOULEVARD AND ORANGE AVENUE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council'Members: None The Traffic Commission recommended that parking be prohibited at'the southerly curb of Elm Avenue west of Royal Palm Drive; the southerly curb of Dale Way at the new Jabsco parking lot entrance; Sunflower Avenue from Harbor Boulevard westward; and the southerly curb of Victoria Street between Charle Drive and Harbor Boulevard. On motion by Council- man Hammett, seconded by Councilman Wilson, Resolution 75-27, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, PROHIBITING PARKING ON PORTIONS OF DALE WAY, SUNFLOWER AVENUE, VICTORIA STREET, AND ELM AVENUE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None The Traffic Commission recommended the installation of a stop sign -.on Hyland Avenue at Sunflower Avenue; Hyland Avenue and a.four-way stop sign at the intersection of at Sunflower Whittier Avenue and West 17th Street. On motion by Avenue Councilman Hammett, seconded by Councilman Wilson, Resolution.75728, being A RESOLUTION OF THE CITY Whittier Avenue COUNCIL OF THE CITY OF COSTA MESA, AUTHORIZING THE and West 17th ERECTION OF A STOP SIGN AT HYLAND.AND SUNFLOWER; Street AND AUTHORIZING A FOUR-WAY STOP SIGN AT WHITTIER AND WEST 17TH STREET, was adopted by the following Resolution 75-28 roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: _Council Members: None Final Map for On motion by Councilman Hammett, seconded by Tract No. 8798 Councilman Wilson, Final Map of Tract No. 8798; The Buccola Company Buccola Company, 4501 Birch Street, Newport Beach, developer; 26 lots, 5.129 acres, located at the northeast corner'of Golf Course and Tanager Drives, was -approved, the Council .did accept on behalf of the public -the offer of dedication for street purposes: Tanager Drive, Golf Course Drive, Starbird Drive, and did accept the easements for storm drain, water lines, sewer, and public utilities, as shown on this map, and did also approve said map pursuant to the provisions of Section 66436 (b) of the Subdivi- sion Map Act; and the Clerk was authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None A Subdivision -Agreement in connection with Tract No. 8798, providing for the construction of improvements, was approved, and the Mayor and Clerk authorized to sign, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Notice of The construction of a drive approach and Portland Completion cement concrete,washrack at Costa Mesa Fire Station Drive Approach No. 3, 2803 Royal Palm Drive, has been completed by and Washrack Jezowski and Markel, 2619 West Edinger Street, at Fire Santa Ana, to the satisfaction of the Director of Station No. 3 Public Services. On motion'by Councilman Hammett, seconded by Councilman Wilson, the work was accepted, the Clerk was authorized to file a Notice of Com- pletion, and the bonds were ordered exonerated 35 days after the Notice of Completion -has been filed, by the following roll call vote: AYES: Council'Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Exoneration of The construction of a Portland cement concrete Cash Deposit parking bay at 248.0 Harbor Boulevard, has been Dave Ross completed by Dave Ross Pontiac, Incorporated, to Pontiac the satisfaction of the Director of Public Services. On motion by Councilman Hammett, seconded by Councilman Wilson, the work was accepted, and a cash deposit in the amount -of $5,800.00 was exonerated, by the following roll call vote: 1 F� r_� [1 1 AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None SCAG Item 1 on the Consent Calendar, a resolution from the City of Seal Beach opposing transformation of SCAG into.a statutory agency, was presented. After discus- sion, on motion by Councilman Wilson, seconded by Councilman Hammett, Resolution 75-29, being A Resolution 75-29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING TRANSFORMATION OF THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) INTO A STATUTORY AGENCY AND OPPOSING THE ADDITION OF ANY NEW POWERS, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Social Security Item 2 on the Consent Calendar, a resolution from the City of Westminster requesting the earnings limitation under Social Security be repealed, was presented. On motion by Councilman Hammett, seconded by Councilwoman Resolution 75-30 Hertzog, Resolution 75-30, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE EARNINGS LIMITATIONS UNDER SOCIAL SECURITY BE REPEALED, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Senate Bill 368 Item 3 on the Consent Calendar, a copy of a letter from Mayor Donald A. McInnis of Newport Beach, to Senator Dennis E. Carpenter, advising of their support of Senate Bil1'368, which would transfer part of the money received from the Santa Barbara oil blowout litigation to the Fish and Game Depart- ment for Upper Newport Bay property acquisition, was presented. On motion by Councilman Wilson, seconded by Councilman Raciti, and carried, the Council expressed support of Senate Bill 368 in concurrence with the City of Newport Beach. Public Utilities Item 4 on the Consent Calendar, a Notice of Public Commission Hearings before the Public Utilities Commission in the matter of the application of Southern California Gas Company for a general increase in its gas rates, was presented. On motion by Councilman Wilson, seconded by Mayor Pinkley, and carried, Council went on record in protest to the proposed increase. The City Manager recommended that in the future, utility company representatives be invited to make presentations before the Council justifying their request for rate increases. Mayor Pinkley, with the approval of Council, established the City Manager's recommendation as. a policy. Park:.Dedication Item 7 on the Consent Calendar,.a request from Gene Standards Atherton, M.D., to present petitions concerning park dedication standards, was presented. Dr. Atherton, representing Parks, 2510 South Coast Highway, Laguna Beach, was present and spoke in y,-�� 0.10 support of a proposed ordinance establishing in the County of Orange a minimum dedication of land by developers of new subdivisions, of four acres per 1,000 persons or payment of 'fee in lieu of. A fact sheet containing a copy of the proposed ordinance was submitted for consideration. Drainage The Mayor announced that Item 8 on the Consent Problem Calendar would be heard separately at this time as the petitioner had inadvertently missed the oppor- tunity to indicate her request for separate discussion. Clara Szeliga, 1781 Anaheim Avenue, Costa Mesa, addressed Council regarding a drainage problem involving her property. The City Manager indicated that the City would assist Mrs. Szeliga and her neighbors in acquiring a better drainage system through the 1911 Act. The Mayor so advised Mrs. Szeliga to contact the City Manager's office to initiate this procedure. Conference Items 25a, 25d, and 25e, Conference Expense Advances Advances for the Mayor to attend IULA,Conference in Tehran, April 11 through 15, 1975, in the amount of $500.00; and for Planning Commissioners Schafer and Reade to attend "Sharing Space: From Neighborhood to Continent," Joint Planning Conference, Vancouver, British Columbia, Canada, in the amount of $250.00 each, were presented. Gordon Willoughby, 2507 Loyola Road, Costa Mesa, asked what benefit the City would derive from attendance at these conferences. After discussion, on motion by Councilman Hammett, seconded by Councilwoman Hertzog, the Conference Advances as previously outlined were approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Wilson, seconded by Councilman Resolution 876 Raciti, Warrant Resolution 876 was approved by the following roll call vote: AYES: Council Members: Pinkley, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Councilman Wilson, seconded by Councilman Resolution 877 Hammett, Warrant Resolution 877, including Payroll 7505, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members,: None Claim The City Attorney presented the claim of Gary Leon Black Black and Ginger Black and recommended that it be denied as there was no liability on the part of the Denied City. On motion by Councilman Raciti, seconded by Councilman Wilson, and carried, the claim was denied. Claim The City Attorney presented the claim of Rebecca M. Amacher Amacher and recommended that it be denied as there was no liability .on the part of the City. On motion Denied by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, the claim was denied. F i 1 3117 Claim The City Attorney presented the claim of Pacific Pacific Telephone and Telegraph' -Company -and recommended that Telephone it be denied as there was no liability on the part of the City. On motion by Councilwoman Hertzog, Denied seconded by Councilman Hammett, and carried, the claim was -denied. Claim The. --City Attorney presented a second claim from Pacific Pacific Telephone and Telegraph Company and Telephone recommended that it be denied as there was no liability on the part of the City. On motion by Councilman Wilson, seconded by Councilman Raciti, and carried, the claim was denied. Annual The City Manager presented an agreement with Lance, Financial Soll and Lunghard, Certified Public Accountants, Audit for the annual financial audit of the City, for a three-year term through Fiscal Year 1977-78. On motion by Councilman Wilson, seconded by Council- woman Hertzog, the agreement was approved for a total cost of $35,472.00, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT':. Council Members: None Public Agency The City Manager recommended that the City terminate Data System its participation in the Public Agency Data System. After discussion, on motion by Councilman Hammett, seconded by Councilman Wilson, and carried, the City Manager's recommendation was approved. Helicopter The City Manager recommended approval of an addendum Maintenance contract with Tallmantz Aviation Company for heli- copter maintenance. This agreement provides for an increase in the hourly service rate for "C" Model helicopters brought about by an increase in the cost of parts, an increase in salaries to the mechanics, and a new FAA requirement for limited life replace- ment time of various parts. On motion by Councilman Hammett, seconded by Councilman Wilson, the agreement was approved, effective December 1, 1974, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Seal's Ambulance set for the public hearing to consider a request Service Rate from Seal's Ambulance Service, 535 Center Street, Increase Costa Mesa, for an increase in the base rate from $35.00 to $40.00, and in the mileage rate from $1.50 Held Over to $2.00 per mile. The Clerk presented a letter received from the applicant requesting continuance of the hearing to the meeting of April 15, 1975. On motion by Councilman Hammett, seconded by Councilman Wilson, and carried, this item was held over to the meeting of April 15, 1975, in accordance with the applicant's request. Public Hearing The.Clerk announced that this was the time and place Paularino-Bear set for the public hearing for the Paularino-Bear Annexation Annexation. Notices have been mailed to the property 1� 10 Ordinance 75-18 First Reading owners involved and the affidavit of publication is on file in the Clerk's office'. No oral or written communications have been received. Bert Webb, 14422 Wildeve Lane, Tustin, addressed the Council to verify that a certain parcel of land amounting to 8,203 - square feet was to be included in this annexation. The Director of Planning could not verify this infor- mation at this time but stated that, if it was found not to be included, a further annexation could be initiated to accomplish this. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Wilson, seconded by Councilman Hammett, a Negative Declaration of Environmental Impact was approved, and Ordinance 75-18, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DECLARING PAULARINO-BEAR ANNEXATION TO BE ANNEXED TO THE CITY OF COSTA MESA, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Wilson, seconded by Council- man Raciti, and carried, the staff was instructed to proceed with the annexation of the aforementioned property described by Mr. Webb, if it is found to be necessary. Marilyn Grant, 941 Tanana Place, Costa Mesa, Presi- dent of Bear Street Parent -Faculty Organization, thanked the Council for the action taken on the Paularino-Bear Annexation. Public Hearing The Clerk announced that this was the time and place Weed Abatement set for the public hearing for weed abatement. A communication has been received from the Fire Depart - Held Over ment requesting a continuance of this hearing until the meeting of.April 1, 1975. On motion by Council- man Hammett, seconded by Councilman Wilson, and carried, this item was held over to the meeting of April 1, 1975. Public Hearing The Clerk announced that this was the time and place Property set for the public hearing to consider a proposed Development ordinance amending Section 13-208, Costa Mesa Standards Municipal Code, property development standards. 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 Wilson, seconded by Mayor Pinkley, Ordinance 75-19, being AN Ordinance 75-19 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA First Reading MESA, CALIFORNIA, AMENDING TITLE 13, ARTICLE 14, (C-1 LOCAL BUSINESS DISTRICT), SECTION 13-208 (PROPERTY DEVELOPMENT STANDARDS), was given first reading and passed to second reading by the follow- ing roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 1 Public Hearing The Clerk announced that.this was the time and place Collection of set for the public hearing to consider the Building Demolition -Costs Safety Director's report, and -to consider written - Beach protests., in.relation to the collection of demoli- tion costs for the property located at 1996 Newport Boulevard, the owner of record being Gus Beach, 395 21st Street, Costa Mesa. The affidavits of publish- ing and posting are on file in the Clerk's office. No written protests have been received. The Director of Building Safety reported that demoliton costs amounted to $475.00. There. being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti; seconded by Councilman Wilson, authorization was given to attach a lien against the property in the amount of $475.00, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Rehearing The Clerk announced.that this was the.time and place ZE-75-05 set for the public rehearing of Zone Exception Butler ZE-75-05, Fisher Butler, 4204 West Third Street, Los Angeles, for a Conditional Use Permit for restaurant and cocktail lounge to allow reduction in parking in commercial center (133 required, 102 provided), in a C2 zone, located at 369 East 17th Street. The affi- davits of publishing, posting, and mailing are on file in the Clerk's office. No communications have been received. Tom O'Keefe, 2323 North Broadway, Santa Ana, attorney representing Mr. Butler, was present and presented a revised plan for the proposed project which will provide additional parking spaces by virtue of a reciprocal parking easement for joint use of parking spaces, on -the second phase of the commercial center project. George Maschmeyer, 1892 Tahiti Drive, Costa Mesa, representing Mariners Savings and Loan, explained the proposed ingress and. egress to the buildings. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilman Wilson, seconded by Councilman Raciti, and carried, the application was approved subject to conditions as recommended by the Planning Commission, and with the addition of Condition No. 4 to read, '-'recorded reciprocal agree- ments or a Subdivision, necessary to assure the availability of parking in each designated area, shall be approved by the City Attorney and the Planning Department." Public Hearing The Clerk announced that. this was the time and place Final EIR for set for the public hearing to consider the Final Off -premise Sign Environmental -Impact Report for proposed off -premise Regulations - sign regulations. The affidavit of publication is Billboards on file in the Clerk's office. A communication has been received from James L. Perry, Attorney at Law, Held Over 705 E1 Camino Real, Tustin, representing Dennis Hogland, 1769'Newport Boulevard, Costa Mesa, in opposition to the proposed ordinance. On motion by Councilwoman Hertzog, seconded by Councilman Raciti, and carried, this item was held over to a Study Session on March 31, 1975, at 7:30 p.m., in the fifth floor Conference Room of City Hall, and to be brought back to the regular Council meeting of April 1, 1975. Public Hearing The Clerk announced that this was the time and place Special Sign set for the public hearing to consider certain Regulations amendments to Title 5, Chapter 6, Costa Mesa Municipal Code, on-site business sign regulations, establishing Held Over special sign regulations for automobile dealers, motels, movie theaters, and gasoline service stations. The affidavit of publication is on file in the Clerk's office. A communication has been received from Western Oil and Gas Association, 609 South Grand Avenue, Los Angeles, outlining various recommendations for Council consideration. On motion by Councilman Wilson, seconded by Councilwoman Hertzog, and carried, this item was held over to a Study Session on March 31, 1975, at 7:30 p.m., in the fifth floor Conference Room of City Hall, and then to be brought back to the regular Council meeting of April 1, 1975. On substitute motion by Councilman Hammett, seconded by Councilman Raciti, and carried, Councilman Wilson voting no, this item was continued to the regular Council meeting of April 15, 1975, instead of April 1, 1975; the Study Session date to remain unchanged. Recess The Mayor declared a recess at 8:00 p.m., and the meeting reconvened at 8:05 p.m. ZE-75-11 The Director of Planning presented from the meeting Verrico of March 4, 1975, application for Zone Exception ZE-75-11, Olindo A. Verrico, 1330 Sao Paulo Avenue, Denied Placentia, for permission to allow 11 percent density deviation for conversion of a'recreation room to dwelling unit in an existing nine -unit apartment, and to allow omission of one required garage in an R3 -CP zone, located at 1915 Wallace'Avenue. The Planning Commission recommended denial° No communications have been received. The applicant was present and spoke in support of his request. Mr. Verrico claimed to have obtained prior approval for conversion of the recrea- tion room into a dwelling unit. Considerable discussion followed concerning the accuracy of this statement. On motion by Councilman Raciti, seconded by Councilman Wilson, and carried, the application was denied. ZE-72-125A The Director of Planning presented an application for First Step Zone Exception ZE-72-125A, First Step House of Orange House County, 2015 Charle Street, Costa Mesa, for permis- sion to renew ZE-72-125 which granted an encroachment of 18 feet into the required 25 -foot rear yard setback for the construction of new kitchen facilities in manager's quarters, and to renew ZE-77-70, to continue the First Step House, located at that address, in an R2 zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. On motion by Councilman Wilson, seconded by Councilwoman Hertzog, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-75-22 The Director of Planning presented the next application Newport -Mesa which was taken out of order,,for Zone Exception Half -way House ZE-75-22, Newport -Mesa Half -way House, Incorporated, Post Office Box 1231, Newport'Beach, for a Conditional Use Permit for boarding home for a maximum of 10 recovering alcoholics (for a non-profit organization) 1 F_J .32:1 ZE-75-21 The Director of Planning presented an application for Shah Zone Exception ZE-75-21, Ramesh R. Shah, 3269 Cali- fornia Street, Costa Mesa, for permission for a variance to encroach seven feet into the required 12 -foot rear yard setback with a 9 -foot by 25 -foot room addition in an Rl zone, located at that address. in an R2 zone, located at 1865 Anaheim Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. On motion by Councilman Wilson, seconded by Councilwoman Hertzog, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the applica- tion approved for a maximum of eight persons, and subject to conditions as recommended by the Planning Commission. ZE-75-09 The Director of Planning presented an application for Hargett Zone Exception ZE-75-09, Hubert H. Hargett, 2232 Pomona Avenue, Costa Mesa, for permission to encroach 15 feet into the required 20 -foot rear yard setback with a carport cover for recreational vehicle in an R1 zone, located at that address. An Exempt Declara- tion of Environmental Impact has been filed. The Planning Commission recommended approval subject to one condition. No communications have been received. On motion by Councilman Raciti, seconded by Councilman Wilson, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to one condition as recommended by the Planning Commission. ZE-75-18 The Director of Planning presented an application for Kiefer Zone Exception ZE-75-18, Kenneth M. Kiefer, 2035 Baltra Place, Costa Mesa, for permission for a variance to encroach"three feet, three inches, into the required 20 -foot rear yard setback with a 10 -foot by 50 -foot patio cover in an Rl zone, located at that address. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval. No communications have been received. On motion by Councilwoman Hertzog, seconded by Councilman Hammett, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved as recommended by the Planning Commission. ZE-75-20 The Director of Planning presented an application for Balalis and Zone Exception-ZE-75-20, Balalis and Pigneri Develop- Pigneri ment, 2400 West Coast Highway, Suite D, -Newport Beach, for permission to allow a one percent density devia- tion to construct a seven -unit apartment complex (one unit per 2,970 square feet of land), in an R2 zone, located at 1826 Pomona Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to all conditions. Mr. Robert Oliphant, 304 Hanover Drive, Costa Mesa, owner of an easement within the subject property, asked about the specifications for paving the easement. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application was approved subject to con- ditions as recommended by the Planning Commission. ZE-75-21 The Director of Planning presented an application for Shah Zone Exception ZE-75-21, Ramesh R. Shah, 3269 Cali- fornia Street, Costa Mesa, for permission for a variance to encroach seven feet into the required 12 -foot rear yard setback with a 9 -foot by 25 -foot room addition in an Rl zone, located at that address. ,.'2 1 1 1 An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval. One communication has been received from Charles Markel, Post Office Box 1936, Costa Mesa, in favor of the request. On motion by Councilman Wilson, seconded by Councilwoman Hertzog, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved as recommended by the Planning Commission. ZE-75-23 The Director of Planning presented an application for Varela Zone Exception ZE-75-23, Arthur Varela, 881 Dover Drive, Suite 33, Newport Beach, for a Conditional Use for auto repair and manufacturing of Mercedes parts, in an Ml zone, located at 1950 Placentia Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A letter has been received from Lois E. Mullen, 1951 Wallace Avenue, Costa Mesa, in opposition to the request. A letter has been received from Rick Thunstrom, 1825 Placentia Avenue, Costa Mesa, in support of the request. Mrs. Marks, who identified herself as the wife of the owner of this business, spoke in support of the request. On motion by Councilman Raciti, seconded by Councilman Hammett, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application was approved subject to conditions as recommended by the Planning -Commission. ZE-75-24 The Director of Planning presented an application for Stevenson Zone Exception ZE-75-24, Malcomb Stevenson, 1343 Logan Avenue, Costa Mesa, for permission to alter and upgrade existing building, housing a Conditional Use, in an ML zone, located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to all condi- tions. On motion by Councilman Raciti, seconded by Councilman Wilson, and carried, the Exempt Declara- tion of Environmental Impact was accepted, and the application approved subject to conditions as recommended by the Planning Commission. Oral Harry D. Johnson, 2121 Placentia Avenue, Costa Mesa, Communications discussed a request for R2 zoning on approximately six acres of property located at the southeast corner of 17th Street and Whittier Avenue, and asked that this matter be referred to the Planning Commission. The Mayor advised Mr. Johnson to consult with the City Manager and the Director of Planning on this matter after the meeting. Request for Evelyn Sherwood, 322 Ogle Street, Costa Mesa, Variance requested -consideration of a variance extending an existing building by ten feet. After discussion, Mrs. Sherwood was advised that, in accordance with the Government Code, the Planning Commission must consider her request prior to Council consideration, and that she should proceed with an application for a Zone Exception Permit. Adjournment At 9:05 p.m., the Mayor adjourned the meeting to the first floor Conference Room to an Executive Session, and the meeting reconvened in'the Council Chambers at 1 1 1 I 9:20 p.m. -At.9:20 p.m._,,the Mayor adjourned the meeting to -the first floor Conference Room on March 24, 1975, at 7:30 p.m. Mayor of -the City of Costa Mesa ATTEST: City Clerk of the City of Cost esa I