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HomeMy WebLinkAbout07/15/1975 - City Council1� 8 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 15, 1975 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., July 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 the Reverend Paul Thomas, Church of Christ. Roll Call Council Members Present: Pinkley, Hammett, Hertzog Council Members Absent: Wilson, Raciti Officials Present: City Manager, Assistant City Attorney, Director of Plan- ning, Director of Public Services/City Engineer, City Clerk Mayor Pro Tem Mayor Pinkley'turned'the gavel over to Council Member Hertzog Hertzog to act as Mayor Pro Tem during the meeting. Minutes The Mayor declared the Minutes of the regular meeting July 1, 1975 of July 1, 1975, approved as distributed and posted as there were no corrections. Commendation for Councilman Pinkley read a proposed resolution commend - Gerald Poarch ing Gerald Poarch for his dedication above and beyond the call of duty. Mr. Poarch expressed his apprecia- tion for the recognition and his desire to continue his efforts of service. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, Resolution 75-73 Resolution 75-73,'being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMEND- ING CAPTAIN GERALD A. POARCH OF THE COSTAMESA FIRE DEPARTMENT FOR CONTRIBUTION OF SERVICE TO HIS COMMUNITY, was adopted by the following roll call vote: AYES: :Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti Aviation Committee On motion by Councilman Hammett, seconded by Councilman Appointment Pinkley, and carried, Lieutenant Colonel Edmund Petracek was appointed a member of the Aviation Committee. Presentation Mayor Hertzog presented a framed letter from the City from City of of Irvine, containing the Council Members signatures, Irvine of appreciation for the cooperation and service ren- dered over the past three years by the City of --Costa Mesa Police Department. The Mayor directed the City Clerk to prepare a letter of appreciation. Ordinances On motion by Councilman Hammett,.seconded by Councilman Pinkley, and carried, all ordinances will be read by title only. On motion by -Councilman Pinkley, seconded by Councilman Ordinance 75-39 Hammett, Ordinance 75-39, being AN,ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF.COSTA MESA, CALIFORNIA, Paularino-Bear ACTING.AS.THE EX -OFFICIO BOARD OF DIRECTORS OF THE Annexation I to COSTA MESA PARK AND RECREATION DISTRICT, APPROVING THE the Park and ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS Recreation TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE, District KNOWN AS PAULARINO-BEAR ANNEXATION, was given second reading and adopted by the following roll call vote: 1 1 1 AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti On motion by Councilman Hammett, seconded by Councilman Ordinance 75-40 Pinkley, Ordinance 75-40, being AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, R-75=19 CHANGING THE ZONING OF THE NORTH HALF OF LOT 1, BLOCK Full Gospel C, BERRY TRACT FROM R1 TO AP -CP, was given second Businessmen's reading and adopted by the following roll call vote: Fellowship AYES: Council Members: Pinkley, Hammett, International Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti Marina Heights On motion by Councilman Hammett, seconded by Councilman Study Group Pinkley, and carried, David Lorenzini, Lawrence L. Appointments Courter, and Catherine Palmer were appointed as members of the Marina Heights Study Group. CONSENT CALENDAR: The following item was removed from the Consent Calendar: Item 5, a Notice of Intention to Solicit for Charitable Purpose from Pride Equals Respectability and Equality, Incorporated. On motion by Councilman Hammett, seconded by Councilman Pinkley, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti Irvine Ranch A resolution from the Board of Directors of the Irvine Water District Ranch Water district approving the proposed membership of additional entities in the Newport -Irvine Waste Management Agency, without terms or conditions, was received and processed. Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: Intergovernmental Memorandum from the Orange County Intergovern- Coordinating mental Coordinating Council advising of those Council resolutions on file as of June 30, 1975. Alcoholic Alcoholic Beverage License applications, for Beverage License which parking has been approved by Planning from: Anthony, Joseph, Mary Ann, and Susan R. End Russo, doing business as Russo's Italian Deli, Reading Folder 369 East 17th Street. Permit A request from Lewis G. Kidder, Coast Music Service, 1839 Newport Boulevard, Costa Mesa, to hold a blue Coast Music grass concert in Lions Park; September 13-14, 1975, 10:00 a.m., to 10:00 p.m., was approved subject to conditions of the Leisure Services Department. Business Permit A Notice of Intention to Solicit for Charitable Purpose Applications from Orange County Epilepsy Society, 2730-E North Main Street, Santa Ana, by door-to-door solicitation, Orange County November 1 through 30, 1975,,was approved with Section Epilepsy Society 9-234J of the Municipal Code waived. Lil Dino's. A request from George Smith, Lil Dino's Restaurant, 725 Baker Street, Costa Mesa, for a dance permit, was approved. ��30 R and R Sales A request form R and R Sales, 504 West Chapman Avenue, Orange, to conduct a Bicycle Moto Cross and Skateboard Championship races at the Orange County Fairgrounds, August 2-3, 1975, was approved upon receipt of an insurnace binder. Girls Club of -A Notice of Intention to Solicit for Charitable Purpose the Harbor Area from the Girls Club of the Harbor Area, 1815 Anaheim Avenue, Costa Mesa, by door-to-door solicitation,\July 21 through September 15, 1975, was approved with Section 9-234J of the Municipal Code waived. Set for Public The following items were set for public hearing on Hearing August 5, 1975, at 6:30 p.m.,, in the Council Chambers of City Hall, 77 Fair Drive: Final EIR Final Environmental Impact Report for Rezone R-75-20 Petition R-75-20, C. J. Segerstrom and'Sons, Segerstrom - Pinecreek-Adams, 3315 Fairview Road, Costa Mesa, Pinecreek-Adams a rezone and apartment development located at 1300 Adams Avenue. R-75-20 Rezone Petition R-75-20, C. J. Segerstrom and Segerstrom - Sons, Pinecreek-Adams, 3315 Fairview Road, Costa Pinecreek-Adams Mesa, for permission to rezone property located at 1300 Adams Avenue, from Ml to PDR -HD, in accordance with the General Plan. Refunds On recommendation by the Revenue Supervisor, a refund in the amount of $10.00 to Stitch, Stones and Stuff, Stitch, Stones 3131 Bristol Street, Costa Mesa, on Business License and Stuff No. 1853, as business was sold, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti AKB Sales On recommendation by the Revenue Supervisor, a refund in the amount of $10.00 to AKB Sales, Post Office Box 151-4,, Costa Mesa, on Business License No. 1774, as applicant has relocated, was approved by the follow- ing roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti . South Pacific On recommendation by the Street Superintendent, a Pools refund, in the amount of $100.00, for a pool construc- tion bond on Permit No. 9602, to South Pacific Pools, 11682 Trask Avenue, Garden Grove, as installation has been completed at 2033 Goldeneye Lane, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT.: Council Members: Wilson, Raciti Claims The following claims, received by the Clerk, were referred to the City Attorney: County of Orange; Attorney Paul C. Hegness, on behalf of John Pat To al; Wesley V. Jones; Attorney Donald T. Scher, on behalf of Gerald Caldera, guardian of Jody Lynn Caldera, a minor; Attorney C. A. Falconer, on behalf of Dorothy E. Ward, a minor, and Dorothy A. Ward, her mother; and State Farm Insurance, on behalf of Betty Mann. 1 I. 1 4.3 The Traffic Commission recommended prohibition of parking on Victoria Street between Harbor Boulevard and Placentia.Avenue, except thesoutherly curb from 130 feet to 420 feet west of Harbor Boulevard. On motion by Councilman Hammett, seconded by Councilman Resolution 75-75' Pinkley, Resolution 75-75, being A RESOLUTION OF THE Prohibition CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, of Parking PROHIBITING PARKING ON VICTORIA STREET FROM HARBOR Victoria Street BOULEVARD TO PLACENTIA AVENUE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti Annual Report The Costa Mesa Street Lighting Energy and Maintenance District Annual Report and Estimate, was received and processed. A proposed resolution approving the application for 1974 State Grant Funds for the Fairview Regional Park Development Project, was presented. On motion by Councilman Hammett, seconded by Councilman Resolution 75-74 Pinkley, Resolution 75-74, being A RESOLUTION OF THE Funds for CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Fairview'Regional APPROVING THE APPLICATION FOR 1974 STATE GRANT FUNDS Park FOR THE FAIRVIEW REGIONAL PARK DEVELOPMENT PROJECT, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti 'Pride Equals Item 5 on the Consent Calendar, a Notice of Intention Respectability to Solicit for Charitable Purpose from Pride Equals and Equality Respectability and Equality, Incorporated, 4084 Franklin Avenue, San Diego, by door-to-door solicita- -Held Over tion in business districts, July 16, 1975, to June 30, 1976, was presented. Galland Simmons, Cultural Education Director, representing the applicant, spoke in favor of the request. Nick Jesson, 1352 East Fruit Street, Santa Ana, Youth Director for the Santa Ana Chapter, also spoke in favor of the request. The City Manager advised that their request was not in compli- ance with the standard regulation for percentage returned to charity, or on the duration of solicita- tion. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, this item was held over to the meeting of August 5, 1975, at 6:30 p.m., in the Council Chambers of City Hall. Warrant Warrant Resolution 893 was presented for adoption. Resolution 893 On motion by Councilman Pinkley, seconded by Mayor Hertzog, Councilman Hammett abstaining, Warrant Held Over Resolution 893 failed to receive the three votes required under. Section 2-48, Costa Mesa Municipal Code, thereby necessitating the rescheduling of this Warrant Resolution for the meeting of August 5, 1975, at 6:30 p.m., in the Council Chambers of City Hall. Warrant On motion_by Councilman Hammett, seconded by Councilman Resolution 894 Pinkley, Warrant Resolution 894, including Payroll 7513, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti 432 Claim - Elbourn The,Assistant City Attorney presented the claim of Terry Elbourn`, and recommended that it be denied as Denied there was no liability on the part of the City. On. motion by Councilman Pinkley, seconded by Mayor Hertzog, and carried, the'claim was denied. Agreement - The City Manager presented an agreement with A. C. Petitte Petitte and Julia K. Petitte, for the acquisition Wilson Street of property on Wilson Street and Fordham Drive, for Park Site Wilson Street Park,Site, Parcel 3. On motion by Parcel 3 Councilman Pinkley, seconded by Councilman Hammett, the agreement was approved in the amount of $172,500.00 plus $410.65 to close escrow, 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, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti Public Hearing The Clerk announced that this was the time and place Underground set for'.the public hearing for the formation of Utility District Underground Utility District No. 8, 19th Street from No. 8 Fullerton Avenue to Park Avenue. The affidavit of publication is on file.in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Pinkley, seconded by Councilman Resolution 75-72 Hammett,'Resolution 75-72, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER EIGHT ON NINETEENTH STREET FROM FULLERTON AVENUE TO PARK AVENUE, was adopted by the following roll call Vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti Special Trash Mayor Hertzog presented a request for an appropria- Pick-up tion, in the amount of $6,193.00, for special trash pick-up from July 21 through 24, 1975. On motion by Councilman Pinkley, seconded by Councilman Hammett, the appropriation was approved by the following roll l call vote: AYES: Council Members: Pinkley, Hammett, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson, Raciti Costa Mesa A petition and a proposal for a 50 -meter pool in Aquatic Club Costa Mesa which would be a joint venture with the 50 -Meter Pool Newport -Mesa Unified School District, were presented by Carl H. Carlsen, 1317 Stonefield Avenue, Costa Tabled Mesa, representing the Costa Mesa Aquatic Club, the Costa Mesa High School Aquatic Boosters, and the Estancia High School Aquatic Boosters. The petition did not contain any original signatures and was a copy of the original. There were 4,445 names and addresses contained in the petition. Mr. Carlson explained that a new 50 -meter pool would meet the criteria for all age groups and would enhance the aquatic programs at Estancia High School and Costa Mesa High School. After discussion, on motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, this item was tabled until a more thorough study can be made, and the subject is to be discussed at the June 30, 1975, School -City Liaison Committee meeting. I New Planning The Mayor introduced Charles Roberts, the new Director Introduced Planning Director for the City of Costa Mesa.. Request for Mayor Hertzog presented a request from Marshall P. Rehearing - Wilkinson, 2437 Elden Avenue, Costa Mesa, to rehear Wilkinson Council denial to initiate the proceedings for the Abandonment of abandonment of Olive Avenue, which was submitted by Olive Avenue Tom Holwerda. Mr. Wilkinson was present and explained that he and the other residents requesting Referred to this abandonment had not been informed of the hear - Planning' ing. After discussion, on motion by Councilman Commission Hammett, seconded by Councilman Pinkley, and carried, the request was referred to the Planning Commission for hearing. Request for Mayor Hertzog presented a request from Louise Napoli, Rehearing - a member of Costa Mesa Now - a citizen's committee, Napoli to rehear Council approval of ZE-75-41, Citizens Bank ZE-75-41 of Costa Mesa, 2970 Harbor Boulevard. Mrs. Napoli, Citizens Bank 2974 Ceylon Drive, Costa Mesa, expressed the of Costa Mesa committee's opinion that there was not enough explor- ation into alternatives, and that no hardship was Denied proven, therefore making a procedural error. Paul Raver, 3037 Royce Lane, Costa Mesa, also felt that the applicant. had not shown hardship necessitating the signage placement at second floor level. The Assistant City Attorney ruled.that no procedural error had been made regarding the voting or the decision, according to law. After discussion, on motion by Councilman Pinkley, seconded by Mayor Hertzog, and.carried, Councilman Hammett abstaining, the request was denied. Evaluation of Councilman Hammett stated that perhaps there are some Sign'Ordinance changes that should be made in the Sign Ordinance and requested that staff look into the possibility of amending same. Evaluation of Councilman Pinkley asked that the Appeal Ordinance Appeal.Ordinance be reviewed by staff. Councilmanic Councilman Hammett, Chairman of the Transportation Comments Committee, reported that he had written a letter to the California Department of Transportation in Sacramento, regarding Highway 55, the continuation of the Newport Freeway, and that many letters, pictures, and newspaper clippings have also been sent from the public relating to the need for completion of this project. Councilman Hammett plans to continue to work on this project. Adjournment The Mayor declared the meeting adjourned at 7:45 p.m. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Cost esa