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HomeMy WebLinkAbout12/01/1975 - City CouncilRoll Call Minutes November 17, 1975 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 1, 1975 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., December 1, 1975, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by Mayor Pro Tem Hammett, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Howard Cartwright, St. John the Divine Episcopal Church. Council Members Present: Hammett, Raciti, Hertzog Council Members Absent: Officials Present: Pinkley, Wilson City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk The Mayor Pro Tem declared the Minutes of the regular meeting of November 17, 1975, approved as distributed and posted as there were no corrections. On motion by Councilman Raciti, seconded by Council - Resolution 75-126 woman Hertzog, Resolution 75-126, being A RESOLUTION OF Commending THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reverend Torneau COMMENDING THE REVEREND LOTHAR TORNEAU OF CHRIST LUTHERAN CHURCH, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Aviation On motion by Councilman Hammett, seconded by Council - Committee woman Hertzog, and carried, Ms. Trina Adela Jarish, Appointment 1247 West Baker Street, Costa Mesa, was appointed to the Aviation Committee. At this time, Mayor Pro Tem Hammett introduced Jim Buote, who was appointed to the Aviation Committee at the previous Council meeting. "Slice of Orange" The City Manager presented from the meeting of November 17, 1975, a request from the Bicentennial Committee and the Costa Mesa Jaycees, to purchase Ordinances On motion by Councilman Raciti, seconded by Council- woman Hertzog, and carried, all ordinances will be read by title only. Reduction of On motion by Councilwoman Hertzog, seconded by Council - Speed on man Raciti, Ordinance 75-59, being AN ORDINANCE OF THE Sunflower Avenue CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10-332 OF THE MUNICIPAL CODE OF THE Ordinance 75.-59 CITY OF COSTA MESA TO DECREASE THE SPEED LIMIT ON Adopted SUNFLOWER AVENUE BETWEEN THE SOUTHERN PACIFIC RAILROAD AND FAIRVIEW ROAD FROM FIFTY MILES PER HOUR TO FORTY MILES PER HOUR, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson "Slice of Orange" The City Manager presented from the meeting of November 17, 1975, a request from the Bicentennial Committee and the Costa Mesa Jaycees, to purchase the revised Bicentennial edition of the book'"Slice of Orange".- The City Manager recommended the purchase of 300 copies of the book at an approximate cost of $3,000.00 to be appropriated from Council Contingency Funds. On motion by Councilwoman Hertzog, seconded by Councilman Raciti, the purchase was approved as recommended, by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Prohibition The City Manager presented from the meeting of of Parking November 17,.1975, a recommendation from the Traffic California Street Commission to prohibit parking on California Street and Gisler Avenue and Gisler Avenue, for bicycle lanes. The City Manager recommended this item be held over and brought Held Over back -after the Study Session in January, 1976. On motion by. Councilman Raciti, seconded by Councilwoman Hertzog, and carried, this item was held over as recommended. Goals and On"motion by Councilman Raciti, seconded by Council - Objectives woman Hertzog, and carried, the Council Committee Report on Goals and Objectives was received and processed. Request for The Clerk presented a request from Richard Kaufman, Rehearing of The Family Group Homes, 1920 East Katella Avenue, ZE-75-98 Suite 0, Orange, for a rehearing of Zone Exception The Family Group ZE-75-98, which was denied by Council on November 17, Homes 1975. Mr. Kaufman was present and spoke in support of the request. On motion by Councilman Raciti, seconded Hearing Set -by Councilwoman Hertzog, and carried, the request was granted and the hearing date set for January 5, 1976, at 6:30 p.m. Request for The Clerk presented a request from Charles W. Evans, Rehearing of 2301 Holly"Lane, Newport Beach, for a rehearing of ZE-75-104 Zone Exception ZE-75-104, which was denied by Council Evans on November 3, 1975. Mr. Evans was present and spoke in support of the request. On motion by Councilwoman Hearing Set Hertzog, seconded by Councilman Raciti, and carried, the request was granted and the hearing date set for January 5, 1976, at 6:30 p.m. CONSENT CALENDAR: The following item was removed from'the Consent Calendar: Item 20, Tract 8798. On motion by Councilwoman Hertzog, seconded by Council- man Raciti, the remaining Consent Calendar items were approved in .one motion by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Ontario A resolution from the City of Newport Beach urging the International Orange County Board of Supervisors to give serious Airport consideration to Ontario International Airport as the. solution to the future air transportation needs in Orange County, was received and referred to the Aviation Committee. California A resolution from the California Highway Commission Highway rescinding -the previously adopted freeway location of Commission State Highway Route 1 in Orange County between Route 5 and Route 605, was received and processed. 93 General Municipal On motion by Councilwoman. Hertzog, seconded by Election - Councilman Raciti, Resolution 75-127, being A March 2,'1976 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE Resolution 75-127 HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD Calling Election IN SAID CITY ON TUESDAY, THE SECOND DAY OF MARCH, 1976, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson On motion by Councilwoman Hertzog, seconded by Resolution 75-128 Councilman Raciti, Resolution 75-128, being A Requesting Services RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA from Orange County MESA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS for Election 'OF THE COUNTY'OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF COSTA MESA, RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION.TO BE HELD IN SAID CITY ON MARCH 2, 1976, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES:, Council Members: None ABSENT Council Members: Pinkley, Wilson On motion by Councilwoman Hertzog, seconded by Resolution 75-129 Councilman Raciti, Resolution 75-129, being A Sample Ballot RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Enclosure Policy MESA ESTABLISHING A. POLICY LIMITING ENCLOSURES WITH SAMPLE BALLOTS FOR MUNICIPAL ELECTIONS AS PROVIDED FOR IN THE ELECTION CODE, AND STATING REASONS THERE- FOR, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: South Coast Letters in praise of the South Coast Repertory Repertory Theatre Theatre's "Magic Theatre" from Harper and Corona del Mar elementary schools. Local Agency Letter from the Orange County Local Agency Formation Formation Commission advising that determina- tion will be made without notice and hearing on December 10 , 1975, on a proposed annexation to the Costa Mesa Sanitary District, designated Engineer's No. 162, located in the general area north of 19th Street and west of Whittier Avenue. Resolution from the Orange County Local Agency Formation Commission approving Engineer's No. 161 Annexation to the Costa Mesa Sanitary District, located in the general area north of Mesa Verde Drive and west of Harbor Boulevard. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: Karen Ann and Lee Donald Specht, doing business as Snoopys, 2000 North Newport Boule- vard; Charles H. Barnes, doing business at 1714 Placentia Avenue; and National Fast Foods, End Incorporated, doing business as Lavico's Deli Reading Folder Market, 612 Baker Street. Business Permit A request from Harry Oxley, Inter -Shows, Post Office Application Box 3334, San Clemente, for a motorcycle swap meet at the Orange County Fairgrounds, November 21, 1975, Inter -Shows was ratified. Set for Public The following items were set for public hearing on Hearing December 15, 1975, at 6:30 p.m., in the Council Chambers of City Hall: R-75-26 Rezone Petition R-75-26, K. B. and T. Trucking K.B. and T. Company, 14602 East Francisquito Avenue, Trucking La Puente, for permission to rezone property located at the northwest corner.of Canyon Drive and Hamilton Street from M1 to R2 -CP, Medium Density Residential, in conformance 'with the -General Plan. The California Environ- mental Quality Act requirements have been satisfied by the Environmental Impact Report for Canyon -Victoria, accepted by Council on February 4, 1975. R-75-27 Rezone Petition R-75-27, Costa Mesa Planning Commission, for permission to rezone property located at the northeast corner of Canyon Drive and Hamilton Street, including parcels located at 2100 and 2130 Canyon Drive, and 1055 Victoria Street, from Ml, Industrial, to R2=CP, Medium Density Residential, in con- formance with the General Plan. The California Environmental Quality Act requirements have been satisfied by the Environmental Impact Report for Canyon -Victoria, accepted by Council on February 4, 1975. Refunds On recommendation by the Street Superintendent, refund of a $100.00 pool construction bond'to Joseph F. Crevier Crevier, 26951 E1 Ciervo, Mission Viejo, on Permit No. 7134, as installation has been completed at 2063 Goldeneye Place, was approved by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Madrid Pools On recommendation by the Street Superintendent, refund of a $100.00 pool construction bond to Madrid Pools, 11801 Cardinal Circle, Unit E, Garden Grove, on Permit No. 055, as installation has been completed at 2028 Balearic Drive, was approved by the following roll call vote: AYES: Council Members: .Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Petty Pools On recommendation by the Street Superintendent, refund of a $100.00 pool construction bond to Petty Pools, 9951 Brier Lane, Santa Ana, on Permit No. 7217, as installation has been completed at 241 West Wilson Street, was approved by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Thomsen On recommendation by the Director of Public Services, Landscape a refund of $10.00 to Thomsen Landscape Company, Post Office Box 723, Woodland Hills, representing payment for plans and specifications which were never received, was approved by the following roll call vote: 1 1 1 1 1 1 AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Claims The following claims received by the City Clerk were referred to the City Attorney: Norman Berger; Southern California Gas Company; Alexander Currie; Attorney Ernest R. Johnson on behalf of Gary J. Herman; and Transamerica Insurance Group on behalf of Gary Herman. Application An application for Zone Exception ZE-75-101, Leonard Withdrawals' V. Malthan, 2910 Java Road, Costa Mesa, for a variance from Costa Mesa Municipal Code Section 13-319, to ZE-75-101 allow a six-foot high masonry wall on a four -foot high Malthan retaining wall (10 feet total height) along the street property line, in an Rl zone located at that address, was withdrawn as requested by the applicant. ZE-75-111 An application for Zone Exception ZE-75-111, Dyer - Dyer -Johnson Johnson, Incorporated, 474 East 17th Street, Costa Mesa, for a Conditional Use Permit for a 14,785 -square foot commercial building to meet CP standards in a Cl -CP zone, located at 2385 Newport Boulevard, was withdrawn as requested by the applicant. Agreement - On motion by Councilwoman Hertzog, seconded by Council - Orange County man Raciti, an agreement between the City of Costa Mesa Narcotic'Index and the.City of Santa Ana concerning the City's Parti- cipation in third year funding of the Orange County Narcotics Index, at a cost of $275.00, budgeted item, was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson 1976-77 AHFP The 1976-77 fiscal year,Arterial Highway Financing Project Submittals Program Project submittals were presented as follows: (1) 19th Street from Fullerton Avenue to Park Avenue; (2) Del Mar Avenue - Newport Boulevard to Santa Ana Avenue; and (3) Victoria Street from the Santa Ana River to Placentia Avenue. On motion by Councilwoman Hertzog, seconded by Resolution 75-130 Councilman Raciti, Resolution 75-130, being.A 19th Street RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PRO- GRAM THE DEVELOPMENT OF NINETEENTH STREET, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson On motion by Councilwoman Hertzog, seconded.by Resolution 75-131 Councilman Raciti, Resolution 75-131, being A Del Mar Avenue RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF DEL MAR AVENUE, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson M 1 1 1 On motion by Councilwoman Hertzog, seconded by Resolution 75-132 Councilman Raciti, Resolution 75-132, being A Victoria Street RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE.ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF VICTORIA STREET, was adopted by the following roll call vote:' AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Budget On motion by Councilwoman Hertzog, seconded by Adjustment Councilman Raciti, Budget Adjustment Authorization No. 76-41 No. 76-41, appropriation for acquisition of library site and building at 566 West Center Street, in the amount -of $170,000.00, was approved by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Budget On motion by Councilwoman Hertzog, seconded by Adjustment Councilman Raciti, Budget Adjustment Authorization No. 76-42 No. 76-42, appropriation for acquisition of property located at 573 Plumer Street, to expand Lions Park site, in the amount of $43,200.00, was approved by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Conference On motion by Councilwoman Hertzog, seconded by Advance Councilman Raciti, a Conference Advance for a police officer to attend Advanced Auto Theft Institute in San Jose, January 18 through 23, 1976, was approved in the amount -of $300.00, by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Notice of The landscape development of Suburbia Park, Phase II, Completion has been completed by Industrial Turf, Incorporated, Landscape -Post Office Box 2247, Laguna Hills, to the satisfac- Development of- tion of the Director of Leisure Services. On motion Suburbia Park by Councilwoman Hertzog, seconded by Councilman Phase II Raciti; the work was accepted, the Clerk was authorized to file a Notice of Completion, 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: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Purchase of The City has participated in a cooperative bid with Computer -Paper the Newport -Mesa Unified School District, Saddleback Valley School District, and the cities of Garden Awarded Grove and -Santa Ana, for the purchase of computer Moore Business paper. On motion by Councilwoman Hertzog, seconded Forms by Councilman Raciti, the award to Moore Business, Forms, 1040 West Briardale Avenue, Orange, was approved in the amount of $4,117.11, being the City's portion of the lowest bid meeting specifications, by the following roll call vote: 1 1 1 AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Construction of Bids received for the Construction of Sports Lighting Sports'Lighting at Lions Park - Luke Davis Field; are on file in the at Lions Park - Clerk's office. On motion by Councilwoman Hertzog, Luke Davis Field seconded by Councilman Raciti, the contract was awarded to Allbrite'Electric, Incorporated, 3265 Awarded Fletcher Drive, Los Angeles, in the amount of Allbrite Electric $35,943.00, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson On motion by Councilwoman Hertzog, seconded by Resolution 75-133 Councilman Raciti, Resolution 75-133, being A Appointing Small RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF COSTA Claims Court MESA, CALIFORNIA, APPOINTING HAROLD STEINRUCK, 'Representative LICENSE INSPECTOR, AS THE CITY'S REPRESENTATIVE IN SMALL CLAIMS COURT IN -ALL INSTANCES WHERE CLAIMS ON BEHALF OF THE CITY OF COSTA MESA ARE BEING ENFORCED, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Tract No. 8798 Item 20 on the Consent Calendar, Tract 8798, east of Buccola Company Golf Course Drive and south of Adams Avenue; Buccola Company, developer, was presented. On motion by Held Over Councilwoman Hertzog, seconded by Councilman Raciti, and carried, this item was held over to the meeting of December 15, 1975. Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 912 man Raciti, Warrant Resolution 912 was approved by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Warrant On motion by Councilman Raciti, seconded by Council - Resolution 913 woman Hertzog, Warrant Resolution 913, including Payroll 7523, was approved by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Warrant On motion by Councilwoman Hertzog, seconded by Resolution 914 Councilman Raciti, Warrant Resolution 914 was approved by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Claim The City Attorney presented the claim of Steve Petersen Petersen and recommended.that it be denied as there was no liability on the part of the City. On motion Denied by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the claim was denied. a Claim The City Attorney presented the claim of Walter Stevens Stevens and Kelly Stevens and recommended that it be denied as there was no liability on the part of Denied the'City. On motion by Councilwoman Hertzog, seconded by Councilman Raciti, and carried, the claim was denied. Records The City Attorney presented a proposed ordinance as a Destruction first step to initiate a records destruction program. After discussion, on motion by Councilwoman Hertzog, Ordinance 75-60 seconded by Councilman Raciti, Ordinance 75-60, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKING PROVISION FOR THE DESTRUCTION OF CITY RECORDS; PROVIDING FOR APPROVAL OF SPECIFIC RECORDS BY RESOLUTION; PROVIDING FOR THE SPECIFIC APPROVAL OF APPROPRIATE CITY PERSONNEL THEREFOR, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson The City Manager presented a proposed resolution establishing a new job classification for Deputy City Attorney; Pay Range No. 118. On motion by Council- woman Hertzog, seconded by Councilman Raciti, Resolution 75-134 Resolution 75-134, being A RESOLUTION OF THE CITY New Job COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Classification - ESTABLISHING A NEW JOB CLASSIFICATION AND RATE OF Deputy City COMPENSATION THEREOF UNDER THE BASIC PAY SCHEDULE, Attorney was adopted by the following roll call vote: AYES:- Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson The City Manager presented the United States Army Corps of Engineers' Plan of Improvement for the Santa Ana River Basin; and a proposed resolution in support of said plan. After discussion, on motion by Councilman Raciti, seconded by Councilwoman Resolution 75-135 Hertzog, Resolution 75-135, being A RESOLUTION OF THE Report on Santa CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ana River Basin SUPPORTING THE RECOMMENDED PLAN OF IMPROVEMENT FOR FLOOD CONTROL AND ALLIED PURPOSES OF THE SANTA ANA RIVER MAIN STEM, SANTIAGO CREEK AND OAK STREET DRAIN THROUGH THE COUNTIES OF ORANGE, RIVERSIDE, AND SAN BERNARDINO, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Governmental The City Manager requested that a public hearing be Reorganization set to consider the governmental reorganization and functional consolidation of the City of Costa Mesa, Hearing Set the Costa Mesa Park and Recreation District, and the Costa Mesa Street Lighting Energy and Maintenance District. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, public hearings were set for December 15, 1975, at 6:30 p.m. Public Hearings Mayor Pro Tem Hammett announced that the next six Held Over public hearings would be held open until January 5, 1976, awaiting passage of the Industrial Zoning Ordinance. 1 1 1 Public Hearing On motion by Councilwoman Hertzog, seconded by R -74-27A Councilman Raciti, and carried, the public hearing continued from the meeting of October 7, 1975, for Held Over Rezone Petition R -74-27A, Costa Mesa Planning Commission, for permission to rezone property located on the north side of 18th Street between Placentia Avenue and Monrovia Avenue, from Ml to MG, was held open to the meeting of January 5, 1976. Public Hearing On motion by Councilwoman Hertzog, seconded by R-74-36 Councilman Raciti, and carried, the public hearing continued from the meeting of October 7, 1975, for Held Over Rezone Petition R-74-36, Costa Mesa Planning Commission, for permission to rezone property located at 1919 to 2101, and 191.2 to 2090 Placentia Avenue, from M1 to MG, was held open to the meeting of January 5, 1976. Public Hearing On motion by Councilman Raciti, seconded by Council - R -74-39 woman Hertzog, and carried, the public hearing continued from the meeting of October 7, 1975, for Held Over Rezone Petition R-74-39, Costa Mesa Planning Commission, for permission to rezone the parcel on the north side of Newton Way, excluding the property on the corner of Placentia Avenue, and the property located at 1741 Pomona Avenue, from M1 to ML, was held open to the meeting of January 5, 1976. Public Hearing On motion by Councilwoman Hertzog, seconded by R-74-40 Councilman Raciti, and carried, the public hearing continued from the meeting of October 7, 1975, for Held Over Rezone Petition R-74-40, Costa Mesa Planning Commission, for permission to rezone properties south of Newton Way and south of the property located at 1741 Pomona Avenue between Placentia Avenue and Pomona Avenue, excluding properties along Placentia Avenue, and the property at 786 17th Street, from Ml to MG, was held open to the ,meeting of January 5, 1976. Public Hearing On motion by Councilwoman Hertzog, seconded by R-74-41 Councilman Raciti, and carried, the public hearing continued from the meeting of October 7, 1975, for Held Over Rezone Petition R-74-41, Costa Mesa Planning Commission, for permission to rezone property located at 1738, 1740, and '1746 Placentia Avenue, from C2 to ML, was field open'to the meeting of January"5, 1976. Public Hearing On motion by Councilwoman Hertzog, seconded by R-74-42 Councilman Raciti, and carried, the public hearing continued from the meeting of October 7, 1975, for Held Over Rezone Petition R-74-42, Costa Mesa Planning Commission,.for permission to rezone properties located on the east side of Placentia Avenue between Newton Way and 17th Street, and at 786 - 17th Street, from C2 to MG, was held open to the meeting of January 5, 1976. Public Hearing The Clerk announced that this was the time and place Annexations to set for hearing protests concerning the proposed Street Lighting street lighting improvements in the following terri- District tories: Paularino-Bear, Larmor, Canyon No. 3, and Vista. The affidavits of publishing and posting are on file in the Clerk's office. No communica- tions have been received. There being no speakers, the.Mayor Pro Tem closed the public hearing. On _. 100 Resolution 75-136 motion by Councilman Raciti, seconded by Council- Paularino-Bear woman Hertzog, Resolution 75-136, being A RESOLUTION Annexation OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Annexed to the CALIFORNIA, DECLARING NO PROTESTS TO ANNEXATION Street Lighting PROCEEDINGS CONDUCTED, PURSUANT TO THE STREET LIGHT - District ING ACT OF,1919, BEING PART 1 OF DIVISION 14 OF THE STREETS.AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND DECLARING CERTAIN PROPERTY KNOWN AS PAULARINO- BEAR ANNEXATION ANNEXED TO SAID STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson On motion by Councilman Raciti, seconded by Council - Resolution 75-137 woman Hertzog, Resolution 75-137, being A RESOLUTION Including OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Paularino-Bear FORNIA, INCLUDING PAULARINO-BEAR ANNEXATION IN THE Annexation in TAX LEVY'FOR THE 1976-77 FISCAL YEAR FOR THE COSTA 1976-77 Tax Levy MESA STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, was adopted by the following roll call vote: AYES: Council.Members: :Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson On motion by Councilman Raciti, seconded by Council - Resolution 75-140 woman Hertzog,.Resolution 75-140, being A RESOLUTION Canyon No. 3 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Annexation CALIFORNIA, DECLARING NO PROTESTS TO ANNEXATION Annexed to the PROCEEDINGS -CONDUCTED, PURSUANT TO THE STREET LIGHT - Street Lighting ING ACT OF 1919,'BEING PART 1 -OF DIVISION 14 OF THE District STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND DECLARING CERTAIN PROPERTY KNOWN AS CANYON NUMBER THREE ANNEXATION ANNEXED TO SAID STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, was adopted by the following roll call vote: On motion by Councilwoman Hertzog, seconded by Resolution 75-138 Councilman Raciti, Resolution 75-138, being A Larmor Annexation RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Annexed to the MESA, CALIFORNIA, DECLARING NO PROTESTS TO ANNEXATION Street Lighting PROCEEDINGS CONDUCTED, PURSUANT TO THE STREET LIGHT - District ING ACT OF 1919, BEING PART 1 OF DIVISION 14 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND DECLARING CERTAIN PROPERTY KNOWN AS LARMOR ANNEXATION ANNEXED TO SAID STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, was adopted by the follow- ing rollcall vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson On motion by Councilwoman Hertzog, seconded by Resolution 75-139 Councilman Raciti, Resolution 75-139, being A Including Larmor RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Annexation in MESA, CALIFORNIA,: INCLUDING LARMOR ANNEXATION IN THE 1976-77 Tax Levy TAX LEVY FOR THE 1976-77 FISCAL YEAR FOR THE COSTA MESA STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, was adopted by'the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson On motion by Councilman Raciti, seconded by Council - Resolution 75-140 woman Hertzog,.Resolution 75-140, being A RESOLUTION Canyon No. 3 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Annexation CALIFORNIA, DECLARING NO PROTESTS TO ANNEXATION Annexed to the PROCEEDINGS -CONDUCTED, PURSUANT TO THE STREET LIGHT - Street Lighting ING ACT OF 1919,'BEING PART 1 -OF DIVISION 14 OF THE District STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND DECLARING CERTAIN PROPERTY KNOWN AS CANYON NUMBER THREE ANNEXATION ANNEXED TO SAID STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, was adopted by the following roll call vote: 101 AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson On motion by Councilman Raciti, seconded by Council - Resolution 75-141 woman Hertzog, Resolution 75-141, being A RESOLUTION Including Canyon OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, No. 3 Annexation CALIFORNIA, INCLUDING CANYON NUMBER THREE ANNEXATION in 1976-77 Tax Levy IN THE TAX LEVY FOR THE 1976-77 FISCAL YEAR FOR THE COSTA MESA STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson On motion by Councilwoman Hertzog, seconded by Resolution 75-142 Councilman Raciti, Resolution 75-142, being ,A Vista Annexation RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Annexed to the MESA, CALIFORNIA, DECLARING NO PROTESTS TO ANNEXATION Street Lighting PROCEEDINGS CONDUCTED, PURSUANT TO THE STREET LIGHT - District ING ACT OF 1919, BEING PART 1 OF DIVISION 14 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND DECLARING CERTAIN PROPERTY KNOWN AS VISTA ANNEXATION ANNEXED TO SAID STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, was adopted by the follow- ing roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson On motion by Councilwoman Hertzog, seconded by Resolution 75-143 Councilman Raciti, Resolution 75-143, being A Including Vista RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Annexation in MESA, CALIFORNIA, INCLUDING VISTA ANNEXATION IN THE 1976-77 Tax Levy TAX LEVY FOR THE 1976-77 FISCAL YEAR FOR THE COSTA MESA STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, was adopted by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson Public Hearing The Clerk announced that this was the time and place R-75-23 set for the public hearing for Rezone Petition R-75-23, Costa Mesa Planning Commission, for permission to rezone property located at 3400 Smalley Road from Al to I and R, for a public park, in conformance with the General Plan. 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 Pro Tem closed the public hearing. On motion by Councilwoman Hertzog, seconded by Councilman Raciti, the Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 75-61 requirements of the law, and Ordinance 75-61, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF WAKEHAM PARK IN THE GENERAL AREA BETWEEN SMALLEY ROAD AND FUCHSIA STREET AND REDDING AND SALINAS AVENUES FROM Al TO I AND R, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson 102 Public Hearing The Clerk announced that this was the time and place R-75-25 set for.the public hearing for Rezone Petition R-75-25, Costa Mesa Planning Commission, for permis- sion to rezone property located on the northwest corner of 16th Street and Monrovia Avenue from I and R to MG, in conformance with the General Plan. 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 Pro Tem closed the public hearing. On motion by Council- man Raciti, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 75-62 Ordinance 75-62, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA OF THE NORTHWEST CORNER OF SIXTEENTH STREET AND MONROVIA AVENUE FROM I AND R TO MG, was given first reading and passed to second reading by the following roll .call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: ,Council Members: None ABSENT: Council Members: Pinkley, Wilson Request to The Clerk presented a request from Clare Builders, Appeal Incorporated, Post Office Box 376, Tustin, to appeal S-75-18- a decision of the Planning Commission regarding a Clare Builders condition of Tentative Parcel Map 5-75-18, located at 2370 Orange Avenue. John Hood, representing the Hearing Set- appellant was present and addressed the Council in support of the request: On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the request was granted and the hearing set for January. -5, 1976, at 6:30 p.m. Purchase of The City Manager presented a request from the Bicentennial Bicentennial Committee to fly the Bennington Bicen- Flags tennial-Flag in various locations throughout the City, and recommended purchase of the 11 flags at a cost of $500.00 to be appropriated from Council Contingency Funds. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the purchase was approved as recommended, by the following roll call vote: AYES: Council Members: Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Pinkley, Wilson ZE-75-99 The Director.of Planning presented an application for Grace Cottage Zone Exception ZE-75-99, Grace Cottage Girls Club, Girls Club 2032 Orange Avenue, Costa Mesa, for a Conditional Use Permit for a 2,555 -square foot addition to an exist- ing 1,015 -square foot Girls Club facility, and to allow a reduction in parking stall dimensions, in an Rl zone .located at that address. A Negative Declara- tion of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions., Communications in opposition to the request have been received from the following Costa Mesa residents: Margaret King, 2040 Orange Avenue; and P. J. Fenton,•2040 Orange Avenue. The Director of Planning recommended the reinstatement of Condition No. 2, as well as the amendment of Condition No. 3 to read as follows: Scheduled meet- ings to be attended by the public shall be limited to four times a year. The Planning Director further reported on the receipt of a letter from the Reverend 1 1 1 1 H. M. Cartwright, St. John the Divine Episcopal Church,. 2043 Orange Avenue; Costa Mesa, extending use of the church parking facilities to the Girls Club, subject to prior arrangements. During the discussion which'followed, a further condition was suggested by Councilman Hammett concerning the use of the property in the event it sold. Bob Duggan, President of the Girls Club, 1714 New Hampshire Drive, Costa Mesa, spoke in support of the request and agreed to the conditions. After discussion, on motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions, including the reinstatement of Condition No. 2, the amendment to Condition No. 3 previously described, and the addition of Condition No. 5 to read as follows: The use of the property, if and when it is sold, shall be for whatever use is authorized by its then current zoning. ZE-75-1.21 The Director of Planning presented an application for Rosenfels Zone Exception ZE-75-121, James C. Rosenfels, 1107 Chapman Avenue, -Orange, fora variance from Costa Mesa Municipal Code Section 13-137.3, to allow construction of nine units on 24,200 square feet (one unit per 2,689 square feet), 10.4 percent density deviation; anda variance from Sections 13-138 and 13-139, to allow -construction of garages on the front property line in.an R2 zone, located at 778 Congress Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Roy Watkins and Donald Yust, representing the applicant, spoke in support of the request. Discussion followed concern- ing the one unit which is proposed to be two-story. The Council voiced concern that the privacy of the adjacent property owners be retained. Councilman Raciti was opposed to a second story being permitted on any of the units. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Councilman Raciti voting no, Condition No. 21 was added to read as follows: The two-story unit shall be constructed on the north end of the property adjacent to Wilson Street, and windows shall not be installed on the west side. The applicant's representatives were both in agreement with the added condition. On motion by Councilwoman Hertzog, seconded by Councilman Hammett, and carried, Councilman Raciti voting no, the Negative 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, with the addition of Condition No. 21 as previously described. ZE-75-122 The Director of Planning presented an application for Demerjian Zone Exception ZE-75-122, Richard F. Demerjian, 4550 East'Olympic Boulevard, Los Angeles, for a variance from the Industrial Sign Code to exceed maximum allowable sign area,, number of signs per site, wall sign size and location, and maximum letter height, in an MP zone located at 200 Bristol Street. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Douglas Stancliff, 1109 First Street, Hermosa Beach, representing Ward and Harrington, was i0a present and agreed to the conditions. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, Councilman Hammett abstaining, 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. Councilman Raciti expressed his opinion that this property is not zoned correctly and made a motion, seconded by Councilwoman Hertzog, and carried, that the Planning Commission be authorized to initiate a rezoning of the property to Cl. ZE-75-126 The Director of Planning presented an application for Hutchinson Zone Exception ZE-75-126, Nancy K. Hutchinson and and Knudson Giltner J. Knudson, 611 Cliff Drive, Newport Beach, for a Conditional Use Permit for a 8,379 -square foot industrial building to meet CP standards, and a variance for reduction in parking (25 required, 22 shown, 4 encroaching into the future right-of-way), in an Ml -CP zone located at 778'West 17th Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Mr. Knudson was present and expressed objections to Condition No. 6 regarding sidewalks. After discussion, 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 approved subject to all conditions as recommended by the Planning Commission. ZE-75-128 The Director of Planning presented an application for White Zone Exception ZE-75-128, John White, 3645 East Coast Highway, Corona del Mar, for a Conditional Use"Permit Held Over to operate a monthly auction in conjunction with a warehouse and wholesale business, in an MP zone located at 3010 Red Hill Avenue. An Exempt Declara- tion of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Dave DePiro, representing the applicant, spoke in support of the request and agreed to the conditions. The applicant, John White, 3311 Seaview, Corona del Mar, was also present and spoke in support of the request. After considerable discussion, on motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, this item was held over to the meeting of December 15, 1975, for the benefit of consideration by the entire Council. ZE-75-129 The Director of'Planning presented an application for Dake Zone Exception ZE-75-129, Merlin L. Dake, 489 East Walnut Place, Costa Mesa, for a variance from Costa Mesa Municipal Code Section 13-319, to allow construc- tion of a five-foot, six-inch fence to encroach into the required intersection visibility setback in an Rl zone, located at 1919 Santa Ana Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to one condition. No communications have been received. The applicant was'present and agreed to the condition. On motion by Councilman Raciti, 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 the condition as recommended by the Planning Commission. 1 1 1 -Lua ZE-75-130 The Director of Planning presented an application for Costa Mesa Zone Exception ZE-75-130'; Costa Mesa County Water County Water District, 77 Fair Drive, Costa Mesa, for a variance District from Costa Mesa Municipal Code Section 13-422.103, to allow creation of a 9,900=square foot parcel (30,000 square feet required), and a variance from setback Ordinance 369, to allow construction of a block wall and control building at 115 and 155 feet from the centerline (160 feet required), in an MP zone located at 3581 -Harbor Boulevard. 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 Raciti, seconded by Councilwoman Hertzog, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to condi- tions as recommended by the Planning Commission. ZE-75-131 The Director of Planningpresented an application for Annerl Zone Exception.ZE-75-131,,Mark-Scott Annerl, 4301 Birch Street, Suite 7, Newport Beach, for a Conditional Use Permit for a membership sport and recreation club in an MP zone located at 2920 Airway Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. Bruce Conn, 5464 Oleta Street, Long Beach, representing the applicant, was present and spoke in support of the request. On motion by Councilman Raciti, 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-75-132 The Director of Planning presented an application for City of Zone Exception ZE=75-132, City of Costa Mesa, for a Costa Mesa Conditional Use�Permit for a Youth Shelter for six youths ages 12 to 17, and a resident supervisory Youth Shelter couple, to be located in an existing residence at 170 Del Mar Avenue in an R2 zone. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A communication has been received from I. H. Linton and J. W. Linton, 181-H Del Mar Avenue, Costa Mesa, expressing approval of the request subject to certain conditions.. The Clerk read a letter from William W. Routt M.D., and Lucinda M. Prewitt, MSW, County of Orange Mental Health Services, assuring the Council of the County's intention -to operate this facility in a manner acceptable to the community. The Clerk also read a statement from Mayor Pinkley, who was unable to attend this meeting, expressing his support of the program. James Kelly, 965 Azalea Drive, Costa Mesa, asked questions about the proposed program. Lucinda Prewitt of the County Mental Health Services provided additional information concerning the management of the program. Brad Coons, 2276 Maple Avenue, Costa Mesa, asked additional questions about the program. The City Attorney recommended modification of Condition No. 4 to read as.follows: No youths are to be taken into the home who have been convicted of feloneous acts; and Condition No. 5 as follows: No youths are to be taken into the home who have been convicted of feloneous drug violations. On motion by Councilwoman Hertzog, seconded by Councilman Raciti, and carried, the Negative 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, with modifications to Conditions 4 and 5 as previously described. Councilmanic Mayor Pro Tem Hammett requested the City Attorney Comments to review the staff procedures for handling requests for rehearings and appeals. Adjournment Mayor Pro Tem Hammett declared the meeting adjourned at 8:30 p.m. ayor of the City of Cost esa ATTEST: City Clerk of -the City of Cost esa 1 1