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HomeMy WebLinkAbout01/05/1976 - City Council.liL zo REGULAR MEETING OF.THE CITY COUNCIL CITY OF COSTA MESA January 5, 1976, The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., January 5, 1976, in the Council Chambers of City Hall.; 7.7 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the __Flag, and Invocation by the Reverend Wil Davis, St. Joachim Catholic Church. Roll Call Council Members Present: Pinkley, Hammett, Wilson, Raciti, Hertzog Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City. Clerk Minutes The Mayor declared the Minutes of the regular meeting December.15, 1975 of December 15, 1975, approved as distributed and posted as there were no corrections. Resolution 76-4 On motion by Councilman Raciti, seconded by Councilman Commending Wilson, Resolution 76-4, being A RESOLUTION OF THE Pirates Football CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Team COMMENDING THE UNDEFEATED ORANGE COAST COLLEGE PIRATES FOOTBALL TEAM ON BEING RATED THE "NUMBER ONE" TEAM OF THE NATION .OVER.ALL.COMMUNITY.COLLEGE TEAMS, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Dr. Moore, representing Orange Coast College, was present and accepted the Resolution on behalf Coach Dick Tucker and the team. Proclamation On motion by Councilwoman Hertzog, seconded by Council - YMCA Week man Hammett, and carried, a proclamation. declaring January 25 through February 1; 1976, as YMCA Week, was approved. Community On motion by Mayor Pinkley, seconded by Councilman Development Wilson, and carried, the following representatives Committee were re -appointed to the Community Development Committee: City Council representative, Norma Hertzog, for a term of one year, with Jack Hammett to serve as alternate; Planning Commission representative Arlene Schafer, for a term of one year, with Clarence Clarke to serve as alternate. Sister City Councilman Wilson presented information and facts about the City of Mitaka, Japan, which is being considered as Held Over Sister City to the City of Costa Mesa. Mr. T. Ono of the Sumitomo Bank of California, and Tom Maruyama of the Orange Coast.Optimist Club, spoke further about the City of Mitaka and expressed their enthusiasm and support of this concept. During the discussion which followed, questions were.raised by Council Members concerning the costs and obligations involved in participating in a Sister City program. On motion by Councilman Wilson, 1 1 i seconded by Councilman Hammett, and carried, this item was held over for two weeks in order that additional information might be obtained. Ordinances On motion by Councilman Hammett, seconded by Council- womanHertzog, and carried, all ordinances will be read by title only. uniform Wiring On motion by Councilman Wilson, seconded by -Councilman - Code Hammett, Ordinance 75-63, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA'MESA ADOPTING AN Ordinance 75-63 AMENDMENT TO. THAT CERTAIN DOCUMENT. PREVIOUSLY ADOPTED Adopted ENTITLED.: "UNI -FORM WIRING CODE OF THE CITY OF COSTA MESA, AMENDMENTS TO THE .1975 NATIONAL ELECTRICAL CODE," was given second reading and adopted by the following roll call vote: AYES: Council Members:• Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None R-75-26 On motion by Councilman Raciti, seconded by -Council- woman Hertzog, Ordinance 75-64, being AN ORDINANCE OF Ordinance 75-64 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF PROPERTY LOCATED AT THE NORTH- WEST CORNER.OF CANYON DRIVE AND HAMILTON STREET FROM Ml TO R2 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Revenue Sharing The City Manager°presented recommendations for alloca- tion of 1975-76 Federal Revenue Sharing funds.as follows: (1) Orange County -Mental Health, $2,940.00, for "The Shelter" Youth and -Family Center-; (2) Youth Employment Service, $3,762..00, to maximize job development for youths; (3) Senior Citizens Club of Costa Mesa, $9,000.00, for transportation for seniors (includes transportation for TLC); (4) Share Our Selves, $5,500.00, for emergency servi.ces.for Costa Mesa residents and transients; and -(5) Feedback Foundation, $9,500.00, for meals for senior citizens. On motion by Mayor Pinkley, seconded by Councilman Wilson, the total allocations, as recommended, were approved -in the amount of $30,702.00, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Estancia High Peter Fournier, Band Director 'at Estancia High School, School Band spoke concerning the support -given by the City Council Request for for a trip to Washington, D -C. during the Bicentennial Transfer of celebration. In April of.1975, the Council allocated Funds $7,000.00.to assist the Estancia High School Band in making this trip. Since that time, Mr. Fournier Denied explained that certain aspects of the Cavalcade of Bands program have come to light which -have caused them to withdraw from the trip. An alternate trip is being planned for a music festival in Hawaii, and at this time the band is requesting -Council's considera- tion of transferring the funds in support of the new program. During the discussion which followed, it was 122 generally felt by the Council that support -of the new program would not fulfill the original intent of the City's support. On motion by Councilwoman Hertzog, seconded by Councilman Wilson, and carried; the request was denied. Councilman Mayor Pinkley commended Councilman Hammett -for his . Hammett recent appointment to the Vice Chairmanship of .the Commended California Aeronautics Board. CONSENT CALENDAR: The following item was removed from the Consent Calendar: Item 6, Rezone Petition�R-75=30, Richard Nabers. On motion by.Councilman Wilson, seconded by,Councilman Hammett, the remaining Consent -Calendar -items were approved in one motion by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Wilson, seconded -by Councilman Resolution 76-1 Hammett, Resolution 76-1, being A RESOLUTION -OF THE Per Diem Wages CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THE GENERAL PREVAILING RATE OF PER DIEM WAGES IN THE PERFORMANCE OF PUBLIC WORKS, was adopted by the followingroll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: Ontario Resolution from the City of Irvine urging the International Orange County Board of Supervisors to give Airport serious consideration to Ontario International Airport as the solution to the future air transportation needs in the County. A similar resolution from the City of Newport Beach was received and referred to the Aviation Committee on December 1, 1975. Hollywood -Burbank Resolution.from the City of Burbank establish - Airport ing policy guidelines in connection with the possible future acceptance of the Master Plan Report on the Hollywood -Burbank Airport and the implementation of an Environmental Impact Assessment Report in connection therewith. United Nations Resolution from the City of Orange condemning Resolution the resolution of the.United Nations as. -falsely accusing Zionism as being racist and urging the United Nations torescind said resolution. Crossing Guards A letter from Mrs'. Judy Wines, 3218 Minnesota Avenue, Costa Mesa, requesting Council to consider the need for crossing guards. Mosquito Abatement Minutes of the 346th meeting of the Orange District County Mosquito Abatement District held on November 13, 19-75 Intergovernmental Memorandum from the Intergovernmental Coordinat- Coordinating Council ing Council of Orange County advising of those resolutions on file as of December 1,'1975. I. 1 1 123 Alcoholic Person-to-person transfer of an on -sale beer Beverage and wine license from Pier Eleven, Incorporated, Licenses- to Mikael Ortiz and Salvadore Sinopoli, doing business as Zeppo's, 1976 Newport Boulevard; and a Supplemental..application of the.above, due to the withdrawal of. Mr. S.inopol'as a partner. The City has protested these applications due to a decision of the Orange.County.Superior Court, finding the operation of said beer bar a public nuisance, and has.requested hearing in the Costa Mesa City Council Chambers for the purpose of presenting further evidence for the Board's consideration. Premise -to -premise transfer of an off=sale beer and wine license, Nicholas J. Adamo, doing business as Adamo Wine Cellars, from 771 West 19th Street to 711 West 17th Street, No. J-4. The City has protested this application because End - the new location is in an industrial zone and Reading Folder retail sales are not permitted. R-75-31 Rezone Petition R-75-31, Costa Mesa Planning Commission, for -permission to rezone property at 3007-3042 Enterprise Street, 630-648 Baker Street, and 611-643 Paularino Avenue, from ML, Limited Industrial, to MG, General Industrial. A Negative Declaration of Environmental Impact has been filed. R-75-32 Rezone Petition R-75-32, Costa Mesa Planning Commission, for permission to rezone property located at 2900-2940 College Avenue, and 1240-1399 Logan Avenue, from ML, Limited Industrial, to MG, General Industrial.. A Negative Declaration of Environmental Impact has been filed. R-75-33 Rezone Petition R-75-33, Costa Mesa Planning Commission, for permission to rezone property located at 2900 Bristol Street, from ML, Limited Industrial, to MG, General Industrial. A Negative Declaration of Environmental Impact has been filed. Intention to On motion.by Councilman Wilson, -seconded by Councilman Abandon Hammett, Resolution 76-5, being'A RESOLUTION OF THE Excess Alley CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Right -of -Way DECLARING ITS INTENTION'TO ORDER THE VACATION OF AN Business Permit A request from -Boy Scout Troop No. 339, 2814 Loreto Applications Avenue, Costa Mesa, for door-to-door sales of mistle- Boy Scout toe, December 12 through 24, 1975, was ratified. Troop 339 McNaughton A request from -The McNaughton Company, doing business Company as Denver Mining Company, -719 West 19th -Street, for a dance permit at that address, was 'approved. Set for Public The following items were. -set for public hearing on Hearing January 19, 1976, at 6:30 p.m., in the Council Chambers of City Hall: R-75-29 Rezone Petition R-75-29, Donald Investment Donald Company, 1303 Avocado Street, No. 225, Newport Investment Beach, for permission to rezone property located at 795 West 17th Street, from C2 to MG,in conformance with -the General Plan. A Negative Declaration of Environmental Impact has been filed.. R-75-31 Rezone Petition R-75-31, Costa Mesa Planning Commission, for -permission to rezone property at 3007-3042 Enterprise Street, 630-648 Baker Street, and 611-643 Paularino Avenue, from ML, Limited Industrial, to MG, General Industrial. A Negative Declaration of Environmental Impact has been filed. R-75-32 Rezone Petition R-75-32, Costa Mesa Planning Commission, for permission to rezone property located at 2900-2940 College Avenue, and 1240-1399 Logan Avenue, from ML, Limited Industrial, to MG, General Industrial.. A Negative Declaration of Environmental Impact has been filed. R-75-33 Rezone Petition R-75-33, Costa Mesa Planning Commission, for permission to rezone property located at 2900 Bristol Street, from ML, Limited Industrial, to MG, General Industrial. A Negative Declaration of Environmental Impact has been filed. Intention to On motion.by Councilman Wilson, -seconded by Councilman Abandon Hammett, Resolution 76-5, being'A RESOLUTION OF THE Excess Alley CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Right -of -Way DECLARING ITS INTENTION'TO ORDER THE VACATION OF AN 121 Resolution 76-5 Hearing Set February 2, 1976 Intention to Abandon Portion of Yukon Avenue Resolution 76-6 Hearing Set February -2, 1976 EXCESS ALLEY RIGHT-OF-WAY.IN A PORTION OF LOT 88, NEWPORT HEIGHTS TRACT, LOCATED IN THE GENERAL AREA.OF SEVENTEENTH STREET AND IRV.INE.AVENUE, was'adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Wilson, seconded by Councilman Hammett, Resolution 76-6, being A RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF YUKON AVENUE ADJACENT TO THE EASTERLY LINE OF LOT ONE, TRACT 4674, LOCATED IN THE GENERAL AREA OF BEAR STREET AND PAULARINO AVENUE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Refunds On.recommendation by the Revenue Supervisor, refund of $36.00 to Gary R. Jasper Enterprises, 2970-B Jasper Grace Lane, Costa Mesa, on Business License No. 6555, as duplicate payment was made, was approved by'.the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Elco On recommendation by the Revenue Supervisor, refund Manufacturing of -$25.00 to Elco Manufacturing, Incorporated, 4339-, North Baldwin Avenue, E1 Monte, on Business License No. 8432, as duplicate payment was made, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Claims The following claims received by the City Clerk -were referred to the City Attorney: Joel Fallik; Attorney Patti Karger on behalf of Beatrice A; Anderson; Julia A. Bardsley; and Attorneys Magana, Cathcart, and Pierry, on behalf of the estate of Harold Galen Morris. Bid Item 294 Bids received for Bid Item 294, One Each Steel Steel Building for the Golf Course Maintenance'Yard, are Building on file in the Clerk's office. On motion by Councilman Wilson, seconded by Councilman Hammett, Awarded the bid was awarded to R. T. Lee Construction Company, R. T. Lee Incorporated, 7200 Hellman Avenue, Corona, in the Construction amount of $5,108.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 296 Bids received for Bid Item 296, Installation of Vapor Vapor Recovery Recovery Systems, are on file in the Clerk's office. Systems On motion by Councilman Wilson, seconded by Council - 1 1 1 man Hammett, the bid was awarded to G. W. Maintenance, On motion by Councilman.Wilson, seconded by Councilman Awarded Incorporated., 1061 East Sixth -Street, Santa Ana, in G. W.. Maintenance the amount of,$3,885.00, being the lowest bid meeting of March 2, 1976, specifications, by the following roll call vote: Election AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 298 Bids received for Bid Item 298, Furnishing of Ready Ready Mixed Mixed Concrete for the period of January 1 through Concrete December 31, 1976, are on file in.the Clerk's office. Budget Adjustment On motion by Councilman Wilson, seconded by Council - Awarded man Hammett, the bid was:awarded to Azusa Western, Azusa Western 1201 West Gladstone Street, Azusa, being the lowest bid meeting specifications, by -the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Concrete On motion by Councilman Wilson, seconded by Councilman Bleachers:at Hammett, Bond No. 17863, in the amount of $7,500.00, Lions Park associated with a Stop Notice failed by Ed's Electric, was exonerated by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, : Hertzog NOES: Council Members: None ABSENT:" Council Members: None On motion by Councilman Wilson, seconded by.Councilman Resolution 76-2 Hammett, Resolution 76-2, being.A RESOLUTION OF THE Establishing CITY COUNCIL.OF THE CITY OF COSTA MESA, CALIFORNIA, Polling Places ESTABLISHING POLLING'PLACES.AND APPOINTING ELECTION and Appointing OFFICERS FOR .THR GENERAL MUNICIPAL ELECTION TO BE HELD Election ON MARCH 2, 1976, was adopted by the following roll Officers call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog -NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman.Wilson, seconded by Councilman Resolution 76-3 Hammett, Resolution 76-3, being A RESOLUTION,OF THE Ordering Canvass CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, of March 2, 1976, ORDERING THE..CANVASS OF -THE GENERAL.MUNICIPAL ELECTION Election TO BE HELD .ON MARCH 2,- 1976, TO BE MADE BY THE CITY CLERK OF THE CITY OF COSTA MESA,.was'adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council.Members: None ABSENT: Council Members: None Budget Adjustment On motion by Councilman Wilson, seconded -by Councilman No. 76-54 Hammett, Budget Adjustment Authorization No. 76-54, which represents a new money appropriation for con- :tributons to the Retirement System, was approved in the amount of $48,000.00, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 126 R-75-30 Item 6 on the Consent Calendar, Rezone Petition Nabers R-75-30, Richard Nabers, 2600 Harbor Boulevard, Costa Mesa, for permission to rezone,pr.operty.located Hearing Set at'464 Princeton Drive, from Rl to C1 -CP, was pre - February 2, 1976 sented. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, public hearing was set for February 2, 1976, at 6:30 p.m., in the Council Chambers of City Hall. Warrant On motion by Councilman Wilson, seconded�by Council - Resolution 917 woman Hertzog, Warrant Resolution 917 was approved by the following roll call vote: AYES: Council Members: Pinkley,`Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ABSTAINING:' Council Members: Hammett Warrant On motion by Councilman Raciti, seconded -by -Councilman Resolution 918 Hammett, Warrant Resolution 918, including.Payrolls 7525 and 7526, was approved by the following roll call vote: - AYES: Council Members:. Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Raciti, seconded by Councilman Resolution -76-7 Wilson, Resolution 76-7, being A RESOLUTION OF THE Establishing CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING Self -Insurance THE SELF-INSURANCE.FUND FOR THE PURPOSES OF RECEIVING Fund DEPOSITS; PAYING CLAIMS; PURCHASING STOP LOSS INSUR- ANCE; COMPENSATING OUTSIDE ADMINISTRATORS; PAYING THE COSTS -OF ALL OTHER OPERATIONS NECESSARY•AND,_INCIDENTAL TO SELF-INSURANCE; AND ACCOUNTING FOR.AND REPORTING' THE RESULTS OF THE SELF_INSURANCE OPERATIONS -OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson., Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None The City Manager presented a proposed resolution establishing new job classifications for the purpose of fulfilling a requirement of the Comprehensive rogram to -place these -posi- Employment Training Act Program-to-place-these-posi- tions under the basic job class. On motion by tions Councilman Hammett, seconded by Councilwoman Hertzog, Resolution 76-8 Resolution 76-8, being A RESOLUTION OF THE.CITY CETA New Job COUNCIL OF THE CITY OF COSTA MESA,"CALIFORNIA, Classifications ESTABLISHING NEW JOB'CLASSIFICATIONS PLACED UNDER THE BASIC PAY SCHEDULE, AND RATES OF -COMPENSATION THEREOF, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ICC The City Manager requested a brief discussion concerning the City's position with respect to the continuance of the Intergovernmental -Coordinating Council of Orange County. A meeting of the member cities is to be held this week to discuss this Public Hearing The Clerk announced that this was the time and place R-74-39 set for the public hearing, continued from the meet- ing of December 1, 1975, for Rezone..Petition R-74-39, matter. On motion -by Councilman Wilson, seconded by Councilwoman Hert.zog, and carried, Mayor Pinkley and Vice Mayor.Hammett were requested,to attend this meeting and bring back.information to assist the Council in their deliberations on this subject. Public Hearing The Clerk announced that this was the time and place R-74-27 Amended set for the public hearing, continued -from the meet- ing of December 1, 1975, for Rezone Petition R-74-27 Amended, Costa Mesa Planning Commission, for -permis- sion to rezone property located on the north -side of 18th Street between Placentia and Monrovia Avenues, from Ml to MG. First.reading was given on November 5, 1974, to Ordinance 74-60., changing the zoning to ML. This.ordinance was not given second reading. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No further communications have been received. There being no'speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Councilman Wilson, the Negative Declaration of Environmental Impact Ordinance:76-1 was accepted as meeting the requirements of the law, First Reading and Ordinance 76-1, being AN ORDINANCE OF THE CITY COUNCIL OF THE.CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 804 AND 904 OF NEWPORT MESA TRACT FROM Ml TO MG, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The.Clerk announced that this was the time and place R-74-36 set for the public hearing, continued -from the meet- ing of December 1, 1975, for 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 Ml to MG. The California Environmental Quality -Act -requirements have been met by the Envir.onmental:Impact Report for GP -74-07, accepted by Council on October 15, 1974. The affidavit of publication is on file in the Clerk's office. A further communication in opposition to the request.has been received from Pamela Simmons, 838 Pine"Place, Costa Mesa. Robert Hunt, owner of industrial property in the subject area, asked if there would be any significant change in the use of the property. S. J. Cook, owner of property at 2025 Placentia -Avenue, asked for clari- fication of properties.involved in the rezone. There being no other speakers, the Mayor closed.the public hearing. On motion by Councilman Hammett, seconded Ordinance 76-2 by Councilman Wilson, Ordinance 76-2, being AN First Reading . ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA -MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY LOCATED ON PLACENTIA AVENUE FROM -Ml TO MG, was given t first reading and passed to second reading by the ` following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-74-39 set for the public hearing, continued from the meet- ing of December 1, 1975, for Rezone..Petition R-74-39, . , .11.28 1 1 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 MG. The California Environmental Quality Act requirements have been"met by the Environmental Impact Report for the Shalimar Drive - 17th Street General Plan Study, accepted by -Council on February 18, 1975. The affidavit of publication is on file in the Clerk's office. No'further communications have been: received. There being no speakers, the Mayor closed the public hearing. On motion by:Councilman Wilson, seconded by Councilman Ordinance••76-3 Raciti,.Ordinance 76-3, being AN'ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF .COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY IN THE -.GENERAL AREA OF NEWTON.WAY AND POMONA AVENUR FROM Ml TO MG, was given first.reading and passed to second reading by the following roll call vote: ' AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced.that this was the time and place R-74-40 set for the public hearing, continued from the meet- ing of December 1, 1975;'for Rezone Petiton 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 and Pomona Avenues, excluding properties along Placentia Avenue, and the property at 786 - 17th Street, from Ml to MG. The California Environ- mental Quality Act requirements have been met by the Environmental -Impact Report for the Shalimar Drive - 17th Street General Plan Study, accepted by Council on February 18, 1975. The affidavit of publication is on file in'the Clerk's office. No further communications have been -received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Council - Ordinance 76-4 woman Hertzog, Ordinance 76-4, being AN ORDINANCE OF First .Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF PROPERTY IN THE GENERAL AREA BOUNDED BY NEWTON WAY, SEVENTEENTH STREET, PLACENTIA AVENUE; AND POMONA AVENUE, FROM Ml TO MG, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was -the -:time and..place R-74-41 set for the public hearing, continued­from.the meet- ing of December 1, 1975, for Rezone Petition R-74-41, Denied Costa. Mesa Planning Commission, for. -permission to rezone property located -at 1738, 1740, and 1746 Placentia Avenue.,. from C2 to MG. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for the Shalimar Drive -17th Street General Plan Study, accepted by Council on February 18, 1975. The affidavit of. publication is on file in the Clerk's office. No communications have been received. A motion by Councilman Hammett, seconded by Councilman -Wilson, to refer this item back to the Planning Commission, was later withdrawn. After further discussion, on motion by Councilman Hammett, seconded by Councilman Wilson, and carried, the request was denied. 1 1 Public Hearing The Clerk announced that this was the time and place R-74-42 set for the public hearing, continued from the meet- ing of December 1, 1975, for Rezone Petition R-74-42, Denied Costa Mesa Planning Commission, for permission to rezone property located on the east side of Placentia Avenue between Newton Way and 17th Street, and at 786 17th Street, from C2 to MG. The California Environ- mental Quality Act requirements have been met by the Environmental Impact Report for the Shalimar Drive - 17th Street General'Plan Study, accepted by Council on February 18, 1975. The affidavit of publication is on file in the Clerk's office. No further communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Wilson, seconded by Councilman Raciti, and carried, the request was denied. Public Hearing The Clerk announced that this was the time and place R-75-28 set for the public hearing to consider Rezone DeWeese Petition R-75-28, Sam C. DeWeese, Jr., Post Office Box 16, Yorba Linda, for permission to rezone property located at 601 West Wilson Street, from M1 to R2 -CP, 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. The Planning Commission recommended approval.-The.applicant was present and answered questions from the Council. There being no other speakers, the Mayor closedthepublic hearing. After discussion, on motion by Councilman Hammett, seconded by Councilman Wilson, the Negative Declar- ation of Environmental Impact was accepted as Ordinance 76-5 meeting the requirements.of the law, and Ordinance First Reading 76-51 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 37, TRACT 541 OF FAIRVIEW FARMS, FROM MI TO R2 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley; Hammett, Wilson,.Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Appeal Hearing The Clerk announced that this was the time and place Tentative Parcel set for the appeal hearing of Clare Builders, Post Map 5-75-18 Office Box 376, Tustin, appealing a decision of the _Clare Builders Planning Commission concerning Tentative Parcel Map 5-75-18, located at 2370 Orange Avenue. The'affi- Denied davits of publishing, posting, and mailing are on file in the Clerk's office. No communications have been received. Donald Stevens, 1828 Fullerton -Avenue, Costa Mesa, representing the -.applicant, --expressed objections .to Condition No. 11 concerning fire hydrant installation. Fire Chief Marshall explained the City's requirement and need for this installation. After discussion, on motion by Councilwoman Hertzog, seconded by.Councilman Hammett, and carried, Councilman Wilson voting no, Tentative Parcel Map 5-75-18 was approved subject to all conditions, and relief from Condition No. 11 -denied. Public Rehearing The Clerk announced that this was the time and place ZE-75-98 - set for the public rehearing of Zone Exception Family Group Homes ZE-75-98, Richard Kaufman, The Family Group Homes, 1920 East Katella Avenue, Suite 0, Orange, for a Denied Conditional Use Permit for a foster home with six -,- 4-.P luo ZE-74-89 The Director of Planning presented -an application Roberts for Zone Exception ZE-74-89, Henry M. Roberts, Jr:, 9461 Grindlay Street, Cypress, for a one-year extension of permit, for permission to construct 1 boys and a resident supervisory couple in an existing home, located at 550 Sturgeon Drive, in an Rl zone. A Negative Declaration of Environmental Impact has been filed. The affidavits of publishing, posting, and mailing are on file in the Clerk's office. No further communications have been received. Mrs. Rodney Daley and Kathleen Daley of 594 Traverse Drive, Costa Mesa, spoke.in support of the request. The following Costa Mesa residents spoke in opposi- tion to the request: Sven Landberg, 551 Traverse Drive;.Charles Bolton, 545 Sturgeon Drive.; Mrs. Bernard Leyendecker, 549 Sturgeon Drive, and Bill McKenzie, 549.Sturgeon Drive. Emile.Dumitrescu, 555 Traverse Drive, spoke briefly concerning the environmental statement. The applicant, Mr. Kaufman, addressed the. Council and answered questions concern- ing the use of the property. There.being no other speakers, the Mayor closed the public hearing. On motion.by.Councilman Hammett, seconded by Councilman Wilson, -and carried, the request was denied on the findings of:the Council that this is a business operation in.a.residential.area, and the City Attorney was requested to:seek legal recourse to abate this condition. Public Rehearing. The Clerk announced that this was the time and place ZE-75-104 set for the public rehearing of Zone Exception Evans ZE-75-104, Charles W. Evans, 2301 Holly Lane, Newport Beach, for a var.iance:from Costa Mesa Municipal Code Section 13-318, to allow a 13 -foot encroachment into the required 18 -foot rear yard for -construction of an apartment unit, and from Section 13-138, to allow a 3 -foot encroachment into.the-required side yard for addition to an existing garage, in an R2'.zone, located at 365 La Perle Place. An.Exempt Declaration of Environmental Impact has-been filed. The affidavits of .publishing, posting, and mailing are on file in the Clerk's office. No communications -have been received. 'The -applicant -was -present and answered questions.from the Council. Herbert Baker, owner of property at 369 Ramona Way., asked what impact this project will have on his property. There being no'other speakers, the Mayor closed the public hearing. On motion by Councilman Wilson, seconded by Mayor Pinkley, 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 previously recommended by the Planning Commission. Recess The Mayor declared a recess at 8:55 p.m., and the meeting reconvened at 9:00 p.m. Request to The Clerk -presented a request from Brian Russell, Appeal - 302 .Victoria Street, Costa Mesa, to appeal a Russell decision of the Planning Commission concerning public nuisance vehicles.- The applicant was present and Hearing Set indicated his request was based on -new evidence February 2, 1976 concerning the condition of the -property in question. Zoning Inspector Jim Weir presented information -and facts'concerning the history of this property and its current condition. After discussion, on motion by Councilman Wilson, seconded by Councilman Raciti, and carried, the request was. granted and the hearing date'set for February -2, 1976, at 6:30 p.m. ZE-74-89 The Director of Planning presented -an application Roberts for Zone Exception ZE-74-89, Henry M. Roberts, Jr:, 9461 Grindlay Street, Cypress, for a one-year extension of permit, for permission to construct 1 ZE-75-137 Ryan a 133 -unit -condominium project on 12.26 acres, 10.85 units per acre, to meet Planned Development Standards, in an R2 -CP zone, .located at the north- west corner of Sunflower Avenue and Bear Street. The Planning Commission recommended'approval. Paul Diehl., 1092 Santa Cruz Circle, Costa Mesa, asked when work on this project will commence. The applicant was present and estimated that grading will begin within.30 days. -On motion by Councilman Wilson; seconded by Councilman Hammett, and carried, the one-year.extension was approved as recommended by the Planning Commission. The Ditector.of Planning presented'an application for Zone Exception ZE-75-137, Gerald R. Ryan, 3228 Dakota Avenue, Costa Mesa, for a variance from Costa,Mesa Municipal.Code.Section 13-137.3, to allow a six:percent density deviation in the construction of six new apartment units'in conjunc- tion with an.existing residence, in an R2 zone located at 2550 Elden Avenue. A Negative Declara- tion of Environmental Impact.has been filed. The Planning Commission.recommended approval subject to conditions. No communications have been.received. The applicant was present and .agreed to the condi- tions. On motion by Councilman Wilson, 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 conditions as recommended by the Planning Commission. ZE-75-139 - The Director of Planning presented an application U -Haul Company for Zone Exception ZE-75-139, U -Haul Company of Orange County, 860 South Placentia Avenue, Placentia, Denied for a variance from Sign.Code, to allow construction of a ground sign;exceeding.both sign area and sign height, in.a C2 zone located at 2680 Newport Boule- vard. An Exempt Declaration of Environmental Impact has been filed.-. The Planning Commission recommended denial. No communications have been received. The applicant wasnot present. On motion by Councilman Raciti, seconded by Councilman Hammett', and carried, the request was denied. ZE-75-140- The Director of Planning -presented ­an application Page for'Zone Exception ZE-75-140, William E. Page, 2023 South Susan Street, Santa. Ana, for a Conditional Use Permit to allow automobile.repair.in an existing building, in an MG zone located at 3042 Enterprise Street. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. Letters in opposition to the request have been received from: Roy Parsons and Ernest Wiebe, 1958 Port'Carney Place, Newport Beach, owners of property at 631-643 Paularino Avenue, 630-636 Baker Street, and 3006 Enterprise Street; McKee Thompson, Powerhouse Ford Engines, Incorporated, 3013 Enterprise Street; Ruth and Pat Oppenheim, 1506 Sorrento Drive, Pacific Palisades, owners of property at 3020 Enterprise Street. Letters of recommendation have been received from: Jack Newberry, A. and J. Glass Company of California, 2021 South Susan- Street, Santa Ana; Jim Hughes, Hughes Marine, 2025 South - Susan Street, Santa Ana; and Ronald Alms, Alms Cabinets, 2029 South Susan Street, Santa Ana. The applicant was present and agreed to the conditions with the exception of Condition No. l pertaining to land dedication. Mr. Page stated that the owner of this property does.not wish to make a land dedication. at this time. After discussion, on motion by Council- woman Hertzog, seconded by Councilman Wilson, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission with the dele- tion of Condition No. 1. ZE-75-141 The Director of. Planning presented an application Fish for Zone Exception ZE-75-141, Edward V. Fish, 349 1/2 Rochester Street, Costa Mesa, for a variance from Costa Mesa Municipal Code Section.13-137.3, to allow a 2.5 percent density deviation for a duplex in conjunction with an existing residence, -in an R2 zone located at 349 Rochester Street. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval -subject to conditions. No communications have been received. The applicant was present and agreed to the condi- tions. The Director of Planning indicated that there .is an alley to the rear.of this property which is not a public alley,.and indicated that it would be necessary to obtain and record an°easement deed for ingress/egress purposes, and further recommended that this requirement be an added condition to the'appli- cation. After discussion, on motion by -Councilman Hammett,. seconded by Councilman Raci.ti; and carried, the Exempt Declaration of EnvironmentalImpact was accepted as meeting.the.requirements of the law, and the application approvedsubject to conditions as recommended by the Planning Commission'wi'th the additional condition as previously outlined. Councilmanic Councilwoman Hertzog askedquestions, about the Comments attendance of the public at Planning Commission Study Sessions. Councilman Wilson referred to the following topics which'he would like to discuss -and,' if possible, have on the Council.Agenda prior to the expiration of his term of office: (1) A motion by Councilman Wilson, seconded by Councilman. Hammett, and carried, to reaffirm the -City's policy with respect to the Orange County Airport facility, and as part of this motion, a request to the Aviation Committee to -study this matter -and report to Council; (2) Street sweeping program; (3) Sign.Ordinance; (4) Fire hydrants; (5) West.Side.Study-General Plan Amendment; and (6) Election.costs with respect to the bilingual requirements. Councilman Hammett.requested the Traffic Engineer to conduct a study on traffic control in the vicinity of Walnut Street and Orange Avenue. Adjournment The Mayor adjourned the meeting at 10:00 p.m. Mayor of the City of Costa%Mesa ATTEST: City Clerk of the -City of Cost Mesa