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HomeMy WebLinkAbout04/15/1975 - City Council3/_11. REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 15, 1975 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., April 15, 1975, 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 Doctor James 0. Combs, First Baptist Church. Roll Call Council Members Present: Pinkley, Hammett, Raciti, Hertzog Council Members Absent: Wilson Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk Minutes The Mayor declared the Minutes of the adjourned regular March 31, 1975 meeting of March 31, 1975, and the regular meeting of April 1, 1975 April 1, 1975, approved as distributed and posted as there were no corrections. Ordinances On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, all ordinances will be read by title only. On motion by Councilman Hammett, seconded by Council - Ordinance 75-21 woman Hertzog, Ordinance 75-21, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, ADOPTING Pawnbrokers THE STATE ACT ON PAWNBROKERS AND SECONDHAND DEALERS, MAKING AMENDMENTS THERETO AND GENERALLY PROVIDING FOR THE REGULATION OF PAWNBROKERS AND SECONDHAND DEALERS, was given second reading and adopted by the following roll call vote AYES: Council Members: Pinkley, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson On motion by Councilman Raciti, seconded by Council - Ordinance 75-22 woman Hertzog, Ordinance 75-22, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING Regulations of TITLE 11 OF THE COSTA MESA MUNICIPAL CODE, PROVIDING Vending Machines FOR REGULATION OF VENDING MACHINES ON THE PUBLIC RIGHTS-OF-WAY, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson .Tracts 7557 The Clerk presented from the meeting of April 1, 1975, and 7718 acceptance of improvements and exoneration of bonds for Tract 7557, 115 lots;.Tract 7557, model site im- Held Over provements; and Tract 7718, 194 lots; Larwin-Southern California, Incorporated, developer; located south of Sunflower Avenue, west of Bear Street, and north of South Coast Drive. On motion by Councilman Hammett, seconded by Councilman Raciti., and carried, Council- man Wilson absent, this item was held over to the meeting of May 20, 1975, and the City Engineer was requested, during this time, to review the street improvement standards. 312 - CONSENT CALENDAR: On motion by Councilman Hammett, seconded by Councilwoman Her-tzog, the Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Senate Bill 95 A resolution from the City of South El Monte, express- ing and urging opposition to Senate Bill 95 concerning marijuana laws, was received and processed. Assembly Bill 625 A resolution from the City of Emeryville, expressing and urging opposition to Assembly Bill 625, establishing a Bay Area Planning Agency, was received and processed. Reading Folder The following Reading.Folder items, in Consent Calendar, were received and processed: .Intergovernmental Memorandum from the Intergovernmental Coordinating Coordinating Council of Orange County Council advising of those resolutions on file as of March 31, 1975. Southern California A resolution from the City of La Habra Association of opposing Legislation which would create the Governments Southern California Association of .Govern- ments by statute and mandate its membership. The City Council adopted similar Resolution No. 75-29 on March 18, 1975. 1 Earnings A resolution from the City of Seal Beach Limitation. requesting the earnings limitation under under Social Security be repealed. The City Council Social Security adopted similar Resolution No. 75-30 on March 18, 1975. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: Arthur Logan, John McCullum and R. B. Young, doing business as High Tide, 727 West 19th Street; Edwin George Cosek and Donald J. Pilarski, doing business at 719-21 West 19th Street; Lisa A. and Nicola Fodera, doing business as Nick's Pizza, 2300 Harbor Boule- vard, Stu. 39 and 40; and Luis E. and Juan C. Rocco, and Leonel T. Cattaneo, doing business End - as Newport Harbor Imports Company, 1635 Reading folder Superior Avenue. Permits A request from the Costa Mesa Chamber of Commerce, 583 West 19th Street, Costa Mesa, to use Lions Park Costa Mesa for the annual Fiesta de Costa Mesa, on September 19, Chamber of 20, and 21, 1975, was approved subject to conditions Commerce 'of Leisure Services Department. Prince of Peace A request from Prince of Peace Lutheran Church, Lutheran Church 2987 Mesa Verde Drive, Costa Mesa, to relocate a trailer located at that address, to a different site within the same property, was approved; expiration date -of permit to remain as is, August, 1975. Business Permit Notice'of Intention to Solicit for Charitable Purpose Applications from Go.od.Shepherd Lutheran Home of the West, 23442 E1 Toro Road, E1 Toro, by phone solicitation for used or Good Shepherd discarded materials, from April to December 31, 1975, Lutheran Home was approved, with Section 9-234J of the Code waived. 1 143 Lessard A .request. from John F. Lessard,.West Coast Promotions, 18147 Newburgh Street, Azusa, to hold a Gun and Col- lectors Show at Orange County Fairgrounds, May 17 and 18, 1975, was approved. Cosek A request from Edwin G. Cosek, Cheyenne Social Club, 719 West 19th Street, Costa Mesa, for a dance permit, was approved. Refunds On recommendation by the Building Safety Director, a refund of $37.40 to Graham Brothers, Incorporated, Graham 2956 Randolph Street, Costa Mesa, on Mechanical Brothers Permit No. 11591, as contract for the Barry Todd Miller Building was cancelled, was approved by the following roll call vote: AYES:. Council Members: Pinkley, Hammett Raciti Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Secard Pools. On recommendation by the Street Superintendent, -refund of a $100.00 pool construction bond on Permit No. 9827, to Secard Pools Incorporated, 9922 Rush Street, South El Monte, as construction has been completed at 3076 Molokai Place, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett Raciti Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Claims The following claims received by the City Clerk were referred to the City Attorney: Farmers Insurance Group for Frank Roldan; American Financial Insurance Group for Maurice Scott; Ruth M. Franzen; Farmers Insurance Group for Phyllis Ambrose; and Attorney John F. Loggins for Jacqueline Vasquez. Change Order Change Order No. 2, Fairview Road from 300 feet north No. 2 of Fair Drive to 556 feet north of Baker Street, AHFP Fairview. Road Project No. 690, was requested due to unanticipated AHFP Project additional work during construction. On motion by No. 690 Councilman Hammett, seconded by Councilwoman Hertzog, Change Order No. 2, in the amount of $10,103.38, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett Raciti Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Final Map for On motion by Councilman Hammett, seconded by Council - Tract 8720 woman Hertzog, Final Map of.Tract 8720, K and A K and A Properties, 17931 Skypark Circle, Suite G, Irvine, Properties developer; one lot, 1.2396 acres, located at 2568, 2576, and 2580 Santa Ana Avenue, was approved pursuant to the provisions of Section 66436 (b) of the Subdi- vision Map Act; the Clerk was authorized to sign said map on behalf of the City; and Council did not accept on. behalf of the public the -offer of dedication for street purposes the portion shown as Lot A, but did reserve the right to accept said offer by resolution of said Council at a future date, by the following roll call vote: AYES: Council Members: Pinkley, Hammett Raciti Hertzog NOES: Council Members: None .ABSENT: Council Members: Wilson 411. Warrant On motion by Councilman Hammett, seconded by Council - Resolution 880 woman Hertzog, Warrant Resolution 880, including Payroll 7507, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett Raciti Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson 1 On motion by Councilman Hammett,.seconded by Council - Resolution -75-40 '' woman Hertzog, Resolution 75-40, being A RESOLUTION Surplus City OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Property CALIFORNIA, DECLARING ITS INTENTION TO DISPOSE OF SURPLUS REAL PROPERTY; DESCRIBING THE LAND TO BE SOLD; SETTING FORTH IN GENERAL TERMS THE INTEREST EASEMENTS OR RESERVATIONS TO BE RESERVED BY THE PUBLIC, IF ANY; SETTING THE TIME AND PLACE OF THE SALE; ESTABLISHING TERMS AND CONDITIONS OF THE SALE AND CALLING FOR SEALED BIDS IN WRITING, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett Raciti Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson The Traffic Commission recommended prohibition of parking on West Wilson Street, Harbor'Boulevard to Placentia Avenue, in an effort to minimize accidents and to increase safety for bicycles and pedestrians. On motion by Councilman Hammett, seconded by Resolution 75-41 Councilwoman Hertzog, Resolution 75-41, being A Parking RESOLUTION OF THE CITY'COUNCIL OF THE CITY OF COSTA Prohibition MESA, CALIFORNIA, PROHIBITING PARKING ON WEST WILSON Wilson Street WILSON STREET FROM HARBOR BOULEVARD TO PLACENTIA AVENUE, was adopted by the following roll call vote: AYES:. Council Members: Pinkley, Hammett Raciti Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Conference A conference expense advance for the Fire Chief to Advance attend the annual California Fire Chiefs' Conference in Sacramento, May,19 through 24, 1975, was approved in the amount of $165.00, by the following roll call vote: AYES: Council Members: Pinkley, Hammett Raciti Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Accounts A request was presented to write off the following Receivable Accounts Receivable: Earl Atkinson, inventory, Golf Write-offs Course Clubhouse, $26,577.77; Joseph Scalisi, traffic signal damage, $759.21; Refrigeration Maintenance Company, equipment rental, ice machine at Golf Course, $130.21; Full Service Rental System, traffic signal damage,, $819.60; Lloyd Daniel, street sign damage,.$28.50; Peggy Love, tree damage, $192.75; and Sully Miller'Contracting Company, traffic signal damage, $258.38. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the recommendation to write off these accounts totaling $28,766.43, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett Raciti Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Warrant On motion by Councilman Hammett, seconded by Council - Resolution 880 woman Hertzog, Warrant Resolution 880, including Payroll 7507, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett Raciti Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson 1 Claim The City Attorney presented the claim of Willadean W. Vance Vance and recommended that it be denied as there was no liability on the part of the City. On motion by Denied Councilman Raciti, seconded by Councilwoman Hertzog, and carried, Councilman Wilson absent,. the claim was denied. School The City Manager presented a request from the North Bussing Costa Mesa Homeowners Association for City assistance Program in urging the Newport -Mesa Unified School District to reinstate the School Bussing Program for children residing in the Mesa -Woods area. Paul Diehl, 1092 Santa Cruz Circle, representing the North Costa Mesa Homeowners Association, expounded on their request and urged the Council's support. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, Councilman Wilson absent, the City Manager was requested to direct a letter to the School District expressing the Council's support of the Association's request and urging reinstatement of the Bussing Program. Public Hearing The Clerk presented from the meeting of March 18, 1975, Seal's Ambulance a request from -Seal's Ambulance Service, 535 Center Service Street, Costa Mesa, for an increase in the base rate from $35.00 to $40.00, and in the mileage rate from Held Over $1.50 to $2.00 per mile. A letter has been received from the applicant requesting continuance of the hearing for 30 days. On motion by Councilman Raciti, seconded by Councilman Hammett, and carried, the public hearing was continued to the meeting of May 20, 1975. Public Hearing The Clerk Announced that this was the time and place GP -74-04 Amended set for the public -hearing for General Plan Amendment GP -74-04 Amended, Costa Mesa Planning Commission, to consider proposed amendments to the General Plan on property south of Victoria Street, north of Hamilton Street, and east of Victoria School, from Low and Medium Density Residential to Light Industry, Neigh- borhood Commercial, and Medium Density Residential. The affidavit of publication is on file in the Clerk's office. Communications in opposition to the request have been received from Mrs. Jerry Gist; and Walter M. Jakway, 3106 Via Loma, Fallbrook, California. A letter from Roger 0. Wells, 1170 Gleneagles Terrace, Costa Mesa, requested the construction of a block wall to buffer noise and disturbance from this property if it is developed further. Janice Hackstock, 1109 Valley Circle, Costa Mesa, asked for clarification on the General: Plan designations being considered. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Resolution 75-42 Councilwoman Hertzog, Resolution 75-42, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -74-04-A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Public Hearing The Clerk announced that this was the time and place Final EIR set for the public hearing to consider Final Environ - GP -75-1B mental Impact Report for General Plan Amendment GP -75-1B, Costa. Mesa Planning Commission, located at 1866, 1880, and 1882 Whittier Avenue, from High Density Residential to Light Industry. The affidavit 34..6 Public Hearing GP -75-1B Resolution 75-43 Public Hearing Special Sign Regulations of publication is on -file in the Clerk's office. No communications have been received. Louise Hostetler, 303 Ramona Place, Costa Mesa, requested clarification on the location of the property under consideration. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, Councilman Wilson absent, the Final Environmental Impact Report was accepted as meeting. the requirements of the law. The Clerk announced that this was the time and place set for the public hearing for General Plan Amendment GP -75-1B, Costa Mesa Planning Commission, to consider a proposed amendment to the General Plan on property located at 1866 , 1880, and 1882 Whittier Avenue, from High Density Residential to Light Industry. The affidavit of publication is on file in the Clerk's office. Communications in opposition to the request have been received from Hubert L. White, 1881 Park- view Circle, Costa Mesa; Richard E. Crane, 961 Magellan Street, Costa Mesa; and Bobbie A. DeFir, 963 Coronado Drive, Costa Mesa. A letter from John J. Shannon, 1698 Whittier Avenue, Costa Mesa, expressed support for Option No. 2 as described in a pamphlet received from the City. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Mayor Pinkl'ey, Resolution 75-43, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -75-1B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson The Clerk announced that this was the time and place set for the public hearing, continued from the meet- ing of March 18, 1975, to consider adoption of certain amendments to Title 5, Chapter 6, Costa Mesa Municipal Code, on-site business sign regulations, establishing special sign regulations for automobile dealers, motels, movie theatres, and gasoline service stations. No further communications have been received. The "Alternatives" referred to in the following commentary are to be found in a document prepared by the City Staff entitled, "Special Sign Regulations". Euneata Richardson, 609 South Grand Avenue, Los Angeles, representing Western Oil and Gas, spoke in support of Alternative I, -applying to -gasoline service stations, with the added.provision that the freeway -oriented stations be allowed additional signage. James Edwards, President of Edward's Theatres, spoke in support of the Planning Commission"s recommendation of Alternative II, Amended, pertaining to movie theatres. Ann Mound, 3128 Country Club Drive, Costa Mesa, supported the Planning Staff's recommendation of Alternative II, pertaining to movie theatres. She also felt that motels should not be allowed additional signage over other businesses, and additionally that attraction boards are unneces- sary. Russ Newburg, representing the Don Quixote Motel, spoke in support of the Planning Commis- sion's recommendation of Alternative II, Amended, pertaining to motels. Maureen DiDomenico, 941 Coronado Drive, Costa Mesa, expressed her opinion that all businesses should be treated equally with no exceptions made. Robert H. Daniel also felt that 1 1 �4�7 there should.not be separate regulations for certain types of businesses. Verlyn Marth, 3197 Cape Verde Place, Costa Mesa, was in favor of a more restrictive sign ordinance with amortization periods of two to three years. Richmond Westlake, 1625 Sandalwood Street, Costa Mesa, was opposed to exemptions for certain types of businesses. There being no other speakers, the Mayor closed the public hearing. The Council proceeded to consider each section of the ordinance separately, beginning with the regulation pertaining to automobile dealers. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Councilman Wilson absent, the Planning Commission's recommendation of Alternative I, per- taining to automobile dealers, was adopted. The special sign regulations concerning motels, were discussed. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, Councilman Wilson absent, Alternative II, as recommended by the Planning Commission, was adopted with the following amendment; (1) Sign Area: One square foot of sign area per lineal foot of frontage or one square foot of signage per unit, whichever is larger. The special sign regu- lations in regard to movie.theatres were discussed. On motion by Councilman Hammett, seconded by Council- woman Hertzog, and carried, Councilman Wilson absent, Alternative II, as recommended, and amended, by the Planning Commission, was adopted. The special sign regulations pertaining to service stations were discussed. On motion by Councilwoman Hertzog, seconded by Councilman Hammett, and carried, Council- man Wilson absent, Alternative II, as recommended, and amended, by the Planning Commission, was adopted. Later in the meeting, a motion was made to adopt the special sign regulations ordinance as a whole. Recess The Mayor declared a recess at 8:10 p.m., and the meeting reconvened at 8:15 p.m. Councilman Councilman Raciti left the meeting during recess to Raciti Leaves attend another meeting on behalf of the Mayor. Public Hearing The Clerk announced that this was the time and place Abandonment of -set for the public hearing to consider a request Alley from Ken McFarland, Post Office Box 2415, Costa Mesa, Presidio Drive for abandonment.of an alley behind 782 Presidio Drive and and 2709 and 2729 Bristol Street, Costa Mesa. A Bristol Street Negative Declaration of Environmental Impact has been filed. The affidavit of publishing and posting are Held Over on file in the Clerk's office. No communications have been received. The Planning Commission recom- mended approval with the recommendation that the staff incorporate into the development plans for the commercial parcel, certain conditions. Joe Balough, 2734 San Lucas Lane, Costa Mesa, addressed the Council, requesting to know if the subject conditions had been agreed to in writing by the applicant. Dick Hanchett, 811 St. Clair Street, Costa Mesa, spoke regarding ingress to the adjacent residential tract. During the discussion which followed, the City Manager indicated that certain obligations to the State of California, and to a -Joe Donaldson, may exist, which should be investigated before proceeding further on the request. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Councilmen Wilson and Raciti absent, the public hearing was continued to the meeting of May 6, 1975. 1 1 At this time the..City Attorney.requested a motion . to adopt the ordinance regarding the previously discussed sign regulations, which was inadvertently omitted. On motion by Councilman`Hammett, seconded Ordinance 75-23 by Councilwoman Hertzog, Ordinance 75-23, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Special Sign COSTA MESA, CALIFORNIA, AMENDING TITLE 5, CHAPTER 6, Regulations SECTION 5-123 BY ADDING PROVISIONS FOR SPECIAL SIGN REGULATIONS RELATED TO THEATRES, GAS SERVICE STA- TIONS, AND MOTELS, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti Public Hearing The Clerk announced that this was the time and place R-74-17 set for the public hearing to consider Rezone Palmer Petition R-74-17, Robert'C. Palmer, 530 Kings Road, Newport Beach, for permission to rezone property located at 185, 187, 187-1/2 East 18th Street, and includes landlocked vacant parcel behind, from AP to R2. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. Nigel Bailey, realtor, 576 Seaward Drive, Corona del Mar, representing Mr. Palmer, was present and offered to answer any ques- tions the Council might have. There being no other speakers, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Council- man Hammett, the Negative Declaration of Environmental Ordinance 75-24 Impact was accepted, and .Ordinance 75-24, being AN First Reading ORDINANCE OF THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 122, NEWPORT HEIGHTS TRACT, FROM AP TO R2-CP,.was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, . Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti Public Hearing The Clerk announced that this was the time and place R-75-06 set for the public hearing to consider Rezone Petition R-75-06, Costa Mesa Planning Commission, for permission to rezone property located at 16th Street, Newport Boulevard,. and Superior Avenue, from Ml and C2, to -Cl -CP. A Negative Declaration of Environmental.Impact has been filed. The affidavit of publication.is.on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Council- woman Hertzog, the Negative Declaration of )Ordinance 75-25 Environmental Impact was accepted, and Ordinance First Reading 75-25, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA OF SIXTEENTH STREET, NEWPORT AND SUPERIOR AVENUES, FROM M1 AND C2 TO C1 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti 1 1 Public Hearing The Clerk announced that.this was the time and place R-75-10 set for the public hearing -to consider Rezone Sewell Petition R-75-10, Richard A. Sewell, 136 Rochester Street, Costa Mesa, for permission to rezone property located at 126 East 18th Street, from Cl to R4. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. Tom Nelson, Chairman of the Project Area Committee, stated that this item had been discussed by the Committee, that they were in favor of the request, and felt it would be helpful to the downtown redevelopment. Roy McCardle, 1810 Newport Boulevard, Costa Mesa, spoke in support of the request. The applicant was present and declared his membership in the Project Area Committee, but indicated that he did not vote on this matter when it came before the Committee. The City Attorney indicated his opinion that Mr. Sewell's declaration of interest in this matter was sufficient to satisfy the rules of the Redevelopment Act. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was Ordinance 75-26 accepted, and Ordinance 75-26, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 16 AND 17, BLOCK A OF "HARPER", FROM Cl TO R4 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti Request for The Clerk presented a request from Santa Anita Rehearing' Development Corporation, 363 San Miguel Drive, Santa Anita Newport Beach, for a rehearing of Rezone Petition Development R-75-07, for permission to rezone property located R-75-07 at the northeast corner of Baker Street and Enterprise Avenue, from ML to CL. Robert Johnson, representing the applicant, was present and spoke in support of the request. On motion by Councilman Hammett, second- ed by Councilwoman Hertzog, and carried, Councilmen Wilson and Raciti absent, the request was granted and the rehearing set for May 6, 1975, at 6:30 p.m. Pacific Telephone The Clerk presented the application of Pacific Request to Modify Telephone and Telegraph Company before the Public Rates Utilities Commission, to establish a tariff for the 801A Dial PBX, and to modify rates currently charged to contract customers of the service. Streeter King, District Manager for Pacific Telephone, was present and explained that the request, if granted, will amount to a one percent increase in intrastate earnings after one year. After discussion, a motion was made by Councilwoman Hertzog, seconded by Councilman Hammett, and carried, to not oppose this application. Orange Coast The Clerk presented the application of Orange Coast Sightseeing Sightseeing Company, a corporation, before the Public Company_ Utilities Commission, for a certificate of public convenience and necessity to establish a South Orange County Service area and to institute tours originat- ing therefrom to points in Orange and Los Angeles Counties. Mr. D. W. Boyles, 851 East Cerritos Avenue, Anaheim, President of the Orange Coast Sightseeing Company, was present and answered questions from the �So i 1 1 Council. Afterdiscussion, a motion was made by Mayor Pinkley, seconded by Councilwoman Hertzog, and carried, to not oppose the application. Southern The Clerk presented the application of Southern California California Gas Company, before the Public Utilities Gas Company Commission,.for: (1) authority to adjust its rates Rate as necessary to reflect its participation in a Adjustment funding agreement to secure certain rights to Alaskan natural gas; and (2) authority to give its consent to an assignment to Atlantic Richfield by Pacific Lighting Gas Development of certain rights pursuant to an agreement related to the funding agreement. After discussion, a motion was made by Councilwoman Hertzog, seconded by Councilman Hammett, and carried, to not oppose the application. On motion by Councilwoman Hertzog, seconded by Ordinance 75-27 Councilman Hammett, Ordinance 75-27, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Farm Labor Camp MESA, CALIFORNIA, ESTABLISHING FEES FOR AN ANNUAL PERMIT: TO OPERATE A FARM LABOR CAMP AND REINSPECTION THEREAFTER, ESTABLISHING EFFECTIVE DATE OF SAID ENFORCEMENT, AND CITING AUTHORITY THEREFOR, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti ZE-75-29 The Director of Planning presented from the meeting Pusateri of April 1, 1975, application for Zone Exception ZE-75-29, George Pusateri, 1537 Santa Ana Avenue, Denied Costa Mesa, for a conditional use permit, for permission to operate a board and care facility for veterans in an R2 zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No further communi- cations'.have been received. Richard P. Herman, Attorney, representing the applicant, was present and spoke in support of the request. It was his opinion that Council could not deny the request but could regulate it by requiring a conditional use permit including reasonable conditions. The follow- ing persons spoke in opposition to the request, mainly-for the reason stated, that the subject property was not suitable for this type of use: Lucia Nozenzo, 1547 Santa Ana Avenue, Costa Mesa; Louise.Hostetler, 303 Ramona Place, Costa Mesa; Leslie Whisler, 1527 Santa Ana Avenue, Costa Mesa; Orvil Nelson, 302 Ramona Place, Costa Mesa;. and Winston Young,.360 East 15th Street, Costa Mesa. Mr. Pusateri, the applicant, spoke in rebuttle to some of the previous commentary, and gave his reasons why the request should be'approved. After discus- sion, on motion by Councilman Hammett, seconded by Mayor Pinkley, and carried, Councilmen Wilson and Raciti absent, the application was denied. Oral Robert H. Daniel, owner of property located at 1516 Communications Newport Boulevard, Costa Mesa, expressed several complaints relative to a temporary trailer permit issued by the City to Spoiler Yachts, 1558 Newport Boulevard. He claimed that the trailer is not a temporary facility but a permanent building. Mr. Daniel also stated that Spoiler Yachts is creating a safety hazard by pulling large boats on trailers out into the street, thereby blocking traffic. After considerable discussion, Mr. Daniel was assured that the matter would be investigated. i 1 1 35 Mrs. Darrilyn Oliver, 3077 Yukon Avenue, Costa Mesa, asked questions relative to the recent fire in the stable facilities at the Orange County Fairgrounds. Jim Cooper, President of the Orange County Equestrian Association, also spoke on this subject and requested whatever help the Council could give in upgrading these facilities for the enjoyment and safety of all citizens, and urged the City's representation at the Fair Board meeting on Thursday, April 17, 1975, at 7:30 p.m., at the Orange County Fairgrounds, as an initial step in accomplishing this goal. The City Manager urged all citizens interested in this matter to bring it to the attention of their County and State elected officials. The Mayor assured Mr. Cooper that the City would be represented at the upcoming Fair Board meeting, and also indicated that Councilman Hammett will contact the appropriate officials in Sacramento when he visits the Capitol in the near future. Louise Church, 2181 Mesa Drive, Santa Ana Heights, requested erection of equestrian signs in the area of the back bay. Mrs. Church was advised to take this matter up with. the County, as this area falls within County territory. Mrs. Darrilyn Oliver, described a trust fund which has been set up at the Bank of Costa Mesa, 2970 Harbor Boulevard, known as the Bonnie and Clyde and Friends Memorial Trust. The purpose of the trust fund is to provide assistance to children relative to equestrian interests; and for assistance to children at Fairview State Hospital and within the County area who have hearing or sight problems. i Mr. Joseph Kubik, 812 St. Clair Street, Costa Mesa, requested to know the City's plans in regard to the access road going north from St. Clair Street to Baker Street. It was suggested that the City Engineer send information concerning the City's tentative plans for this area to Mr. Kubik. Doctor James 0. Combs, First Baptist Church, Costa Mesa; Harold Lundell, 2608 Fairway Drive, Costa Mesa; and Basil Jaggard, 251 - 22nd Street, Costa Mesa, spoke regarding communications between the Church and City on the matter of a building moving permit which had been discussed at the meeting of April 1, 1975. Adjournment The Mayor adjourned the meeting at 10:20 p.m. o7,,Ooe� _)Kwu/, 01, Mayor of the City of Costa Mes ATTEST: G.),� City Clerk of the City of Costa sa