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HomeMy WebLinkAbout11/03/1975 - City Council02 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 3, 1975 The City Council of the City of Costa Mesa met,in regular session at 6:30 p.m., November 3, 1975, in the Council Chambers'of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Connie Salios, Harbor Trinity Baptist Church. Roll Call Council Members Present: Pinkley, Hammett, Wilson, Raciti, Hertzog Council Members Absent: Officials'Present: None 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 October 21, 1975 of October 21, 1975, approved as distributed and posted as there were no corrections. Proclamation Councilman Hammett read a proclamation declaring the Youth Appreciation week of November 9 through 15,-1975, as`Youth Week Appreciation Week in the City of Costa Mesa. Joe Fleckenstein accepted the proclamation on behalf of the Costa Mesa Optimist Club. Ordinances On motion by Councilman Hammett, seconded by Councilman' Wilson, and carried, all ordinances will be read by title only. Smoking Prohibited On motion by Councilman Hammett, seconded by Councilman in Council Chambers Raciti, Ordinance 75-49, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, PROHIBITING SMOKING Ordinance 75-49 IN THE COUNCIL CHAMBERS DURING ALL PUBLIC MEETINGS, was Adopted given second reading and adopted by the following roll call vote: AYES: Council Members: Hammett, Wilson, Hertzog NOES: Council Members: Pinkley, Raciti ABSENT: Council Members: None Final Development The Clerk presented for second reading and adoption Plan - Lyons and Ordinance 75-50 concerning the adoption of the Final Cashion Builders Development Plan of Lyons and Cashion Builders. The developer has requested a continuance of this item to Ordinance 75-50 allow time to resolve a problem. On motion by Council - Held Over man Wilson, seconded by Councilman Raciti, and carried, this item was held over to the meeting of November 17, 1975, as requested by the applicant. Report on Tour Councilman Wilson reported on the League of California of Russia Cities Post Conference Tour of Russia. CONSENT CALENDAR: The following item was removed, from the Consent Calendar: Item 12, a Business Permit Application from Benjamin Valenty. On motion by Councilman Hammett, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: 1 AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: 'Council Members: None On motion by Councilman Hammett, seconded by Council - Resolution 75-119 woman Hertzog, Resolution 75-119, being A RESOLUTION Site for'1977 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Police'Olympics CALIFORNIA, ENDORSING THE CITY OF SANTA ANA AS THE SITE FOR THE STATE POLICE OLYMPICS, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members:- None ABSENT: Council Members: None Abandonment of A request from Millet, King and Associates, Incorpor- Yukon Avenue ated, 1335 West Valencia Drive, Fullerton, on behalf of Lewis R. Schmid, 1681 Langley Avenue, Irvine, for Referred to the the abandonment of a portion of Yukon Avenue, was Planning Commission referred to the Planning Commission. South Coast A letter from the students and faculty of Eastbluff Repertory Elementary School, thanking -Council for their support Magic.Theatre of the South Coast Repertory's Magic Theatre, was received and processed. Free Dog.Licenses A letter from Mrs. Joseph Kejsar, 340 Royan Lane, Costa and Reduced Rates Mesa, requesting consideration be given to free dog for Senior Citizens licenses and reduced utility rates for senior citizens of low income, was received and processed. Senate Bill 886 A resolution from the City of Santa Ana, urging passage and adoption of Senate Bill 886 which would assist local agencies in control of harmful and obscene matter, was received and processed. Assemblyman's A letter from Assemblyman Robert H. Burke, expressing "Rap Session" appreciation for the use of City Hall for the "Rap Session" held on September 25, 1975. was received and processed. Intergovernmental A policy statement adopted by the Orange City Council Coordinating regarding the Intergovernmental Coordinating Council, Council and requesting support of said statement, was received and processed. Support Services A resolution from the City of Los Altos Hills urging for Community the State Legislature to provide for equalization in and State the distribution of the costs of support services Colleges provided community and State colleges, was received and processed. Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Local Agency Resolution of the Local Agency Formation Formation Commission of Orange County, approving the Commission annexation, designated Engineer's No. 159, to the Costa Mesa. Sanitary District, being a portion of the south side of Sunflower Avenue, west of Hyland Avenue, and north of the San Diego Freeway._ Alcoholic Alcoholic Beverage License applications for Beverage which parking has.been approved by Planning Licenses from: Arctic Freeze, doing business as Set for Public Rezone Petition R-75-24, Richard W. Nabers, 2600 Hearing Harbor Boulevard, Costa Mesa, for permission to rezone property located at 454, 458, and 464 Princeton -Drive, R-75-24 from Rl to -Cl -CP, was set for public hearing on Nabers November 17, 1975, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. A Negative Declaration of Environmental Impact has been filed. Refunds On recommendation by the Building Safety Director, a refund of -$11.05 to Bowers Air Conditioning, Incorpor- Bowers Air ated, 10700-A Katella Avenue, Anaheim, on Permit No. Conditioning 11759, because project at 345 Clinton Street was cancelled, was approved by the -following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Seeger Electric On recommendation by the Building Safety Director, a refund of $88.06 to Seeger Electric Company, 5106 Valley Boulevard, Los Angeles., representing an over- payment on Permit No. 37498, for project at the South Coast Plaza Hotel,,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: Walter Stevens and Kelly Stevens; Dorothy Quiroz; Keith Townsend; Michael Glaspy; Greg Salios; Attorney Marjorie E. Edwards on behalf of Pamela Renee Renfro; Attorney Marjorie E. Edwards on behalf of Poppy Renfro, a minor; Attorney Frank P. Barbaro on behalf of Miriam Harlich; and Attorneys Coen and'Bame on behalf of Michael G. DaDurka. ZE-75-109 An application,for Zone'Exception ZE-75-109, Stanley A. Ahlman Ahlman, 123 Edgewater Avenue, Newport Beach, for a variance for deviation from the following property Withdrawn standards as set forth in Section 13-127 of the Costa Mesa Municipal Code: (1) minimum lot area - 6,000 1 1 Klondike Kate's Restaurant, 665 Paularino Avenue; Alpha Beta Company, doing business at 2.200•Harbor Boulevard; Alpha Beta Company, doing business at 241 East 17th Street; Frank J. Koebrich, Jr., Richard A. Sullivan, Patricia A. Koebrich, and Lindalee Sullivan, doing busi- ness at 1011 E1 Camino Drive; William Edward Brander, doing business as Pizzas of Ate, 1500 Adams Avenue, Store No. 108; Minit Market, End - Incorporated, doing business at 1895 Monrovia* Avenue; and.Jaws, Incorporated, doing business - Reading Folder as Jaws, 2285-B Newport Boulevard. Business Permit Notice of Intention to Solicit for Charitable Purpose Applications from United Way of Orange County North/South, 3903 Metropolitan Drive, No. 500, Orange, by direct mail United Way and solicitation of business and industry, October 15 to December 15, 1975, was approved with Section 9-234J of the Municipal'Code waived. Mater Dei A request from Mater Dei High School, 1202 West Edinger High School Avenue,"Santa Ana, for student sale of candy, October 9 through 13, 1975, was ratified. Set for Public Rezone Petition R-75-24, Richard W. Nabers, 2600 Hearing Harbor Boulevard, Costa Mesa, for permission to rezone property located at 454, 458, and 464 Princeton -Drive, R-75-24 from Rl to -Cl -CP, was set for public hearing on Nabers November 17, 1975, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. A Negative Declaration of Environmental Impact has been filed. Refunds On recommendation by the Building Safety Director, a refund of -$11.05 to Bowers Air Conditioning, Incorpor- Bowers Air ated, 10700-A Katella Avenue, Anaheim, on Permit No. Conditioning 11759, because project at 345 Clinton Street was cancelled, was approved by the -following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Seeger Electric On recommendation by the Building Safety Director, a refund of $88.06 to Seeger Electric Company, 5106 Valley Boulevard, Los Angeles., representing an over- payment on Permit No. 37498, for project at the South Coast Plaza Hotel,,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: Walter Stevens and Kelly Stevens; Dorothy Quiroz; Keith Townsend; Michael Glaspy; Greg Salios; Attorney Marjorie E. Edwards on behalf of Pamela Renee Renfro; Attorney Marjorie E. Edwards on behalf of Poppy Renfro, a minor; Attorney Frank P. Barbaro on behalf of Miriam Harlich; and Attorneys Coen and'Bame on behalf of Michael G. DaDurka. ZE-75-109 An application,for Zone'Exception ZE-75-109, Stanley A. Ahlman Ahlman, 123 Edgewater Avenue, Newport Beach, for a variance for deviation from the following property Withdrawn standards as set forth in Section 13-127 of the Costa Mesa Municipal Code: (1) minimum lot area - 6,000 1 1 square feet required, 4,500 square feet requested; "(2) minimum lot width - 50 feet required, 45 feet requested; on property located at 2054 Orange Avenue, in an Rl zone, was withdrawn as requested by the applicant. ZE-75-115 An application for Zone Exception ZE-75-115, Clare Clare Builders Builders, Post Office Box 376, Tustin, for a variance from Costa Mesa Municipal Code Section 13-127.1, Withdrawn to allow reduction in minimum lot size, 6,000 square feet required, 5,490 square feet requested, in an R2 zone located at 2370 Orange Avenue, was withdrawn as requested by the applicant. Beautification On motion by Councilman Hammett, seconded by Council - Committee woman Hertzog, and carried unanimously, the Bylaws of Bylaws the Beautification Committee were approved. Tract No. 8798 The monument improvements in Tract No. 8798, 26 lots Buccola Company located west of Golf Course Drive and south of Adams Avenue, have been completed by the Buccola Company, 4501 Birch Street, Newport Beach, to the satisfaction of the'Director of Public Services. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the -work -was accepted and the bond was ordered exon- erated 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 Hammett, seconded by Council - Resolution 75-116 woman Hertzog, Resolution 75-116, being A RESOLUTION Accepting Street OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Lighting Report -CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER for Annexations- TOSAID CITY MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 75-113 DATED OCTOBER 21, 1975, 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 Hammett, seconded by Council- Resolution'75-117 woman Hertzog, Resolution 75-117, being A RESOLUTION Intention .to Order OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Lighting Fixtures DECLARING ITS INTENTION TO ORDER CERTAIN LIGHTING FIXTURES AND APPLIANCES ON CERTAIN STREETS AND PUBLIC PLACES IN THE CITY OF COSTA MESA, TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES FORA PERIOD OF MONTHS, ENDING JUNE 30, 1977, 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. Hammett, seconded by Council - Resolution 75-118 woman Hertzog, Resolution 75-118, being A RESOLUTION Hearing Set OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, December.l, 1975 CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION NO. 75-117 AND DIRECTING THE CLERK OF SAID CITY COUNCIL TO GIVE NOTICE OF SAID,HEARING, was adopted by the following roll call vote: Mrym .01 W Improvements on Placentia Avenue Awarded Blystone Company Bid Item 290 Hot Water System for Country Club Awarded The Earl's Plumbing Youth Shelter AYES: Council Members:" Pinkley, Hammett, Wilson, Raciti, Hertzog NOES:- Council Members: None ABSENT: Council Members: None Bids received for Improvements on Placentia Avenue, from 19th Street to Victoria Street, are on file in the Clerk's office. On motion by Councilman Hammett,. seconded by Councilwoman Hertzog, the contract for Bid Alternate II was awarded to Blystone Company,Post Office Box 6589, Orange, in the amount of $399,960.99, 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 Bids received for Bid Item 290, Labor and Material to Replace Hot Water System at the Costa Mesa Country .Clubhouse,' are on file in the Clerk's office. On motion.by Councilman Hammett, seconded by Councilwoman Hertzog, the bid was awarded to The Earl's Plumbing, Incorporated,' 1526'Newport Boulevard, Costa Mesa, in the amount of $4,045.66, 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 On motion by Councilman Hammett, seconded by Council woman Hertzog, and carried, the staff was directed.to initiate a Zone Exception Application for a Youth Shelter at 170 Del Mar Avenue. Business Permit Item 12 on the Consent Calendar, a request from Application - Benjamin Valenty, Crossfire Productions, 2008 East Yale Valenty Street, Santa Ana, for a rock concert at the Orange County Fairgrounds, November 22, 1975, from 7:30 p.m. to 12:00"midnight, was presented. Dennis Donahoe, 2516 Gates Avenue, Redondo Beach, advised Council of another event planned for this same -date which he will withdraw if this application is approved. Bruce Taylor, 114 East 20th Street, Apartment 14, Costa Mesa, representing the applicant, requested approval of the permit and agreed to'cooperate with -the Costa Mesa Police Department in any -respect. After discussion, on motion by Councilman Hammett, seconded by Councilman Raciti, and carried unanimously, the permit.was approved subject to condi- tions of the'Police Department. Warrant On motion by Councilman Wilson, seconded by Councilman Resolution 908 Hammett, Warrant Resolution 908, including Payroll 7521, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES': Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Wilson, seconded by Councilman Resolution 909 Hammett, Warrant Resolution 909 was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 1 1 Contribution The.City Manager requested approval of the following Rates City contributions toward employees' life, medical, disability, and dental coverages effective October 12, 1975: Employee Unit Amount Per Month Police The City Manager reported that the City has not reached Fire a Memorandum of Understanding'with.the public employees Technical union., Teamsters Local-911,:representing the Fire Clerical Department, and at this time is recommending adoption Maintenance of a resolution implementing a 7.5 percent salary Management increase, $7.00 additional medical coverage, and elimination of the five-year longevity portion of the Longevity and Scholastic Achievement Plan. Also included in the resolution is.a correction of a clerical error in Section 2 of the resolution adopted October 7, 1975, concerning the classification of Senior Construc- tion"Inspector, and a salary increase for seven part time classifications. On motion by Councilman Wilson, seconded by Councilwoman Hertzog, Resolution 75-120, Resolution 75-120' being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Rates of Pay COSTA -MESA ESTABLISHING.RATES OF PAY FOR CERTAIN JOB CLASSIFICATIONS PLACED UNDER THE BASIC PAY SCHEDULE, AND ESTABLISHING RATES OF PAY FOR JOB CLASSIFICATIONS PLACED OUTSIDE THE BASIC PAY SCHEDULE, 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 resolution amending the Longevity and Scholastic Achievement Plan and recom- mended adoption of the modifications as outlined in a memo to the Council dated October 27, 1975. On motion -by Councilman Raciti, seconded by Councilman Hammett, Resolution 75-121 Resolution 75-121, being A RESOLUTION OF THE CITY Longevity and COUNCIL OF THE"CITY OF COSTA MESA REVISING AND AMENDING Scholastic THE LONGEVITY AND SCHOLASTIC ACHIEVEMENT PROGRAM FOR . Achievement EMPLOYEES OF THE CITY OF COSTA MESA, was adopted by the Program following roll call vote: AYES:' Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Self-funded The City Manager requested authorization to establish Medical and a partially self-funded plan for medical and disabil- Disability ity'benefits, to become effective November 15, 1975. Plan The plan will be effected as follows: life coverage will be placed with an insurance carrier at 40 cents per thousand dollars; medical claims will be paid by 'the City, and stop loss insurance will be purchased to provide excessive loss protection; and the professional services of a claims administrator will be obtained to handle claims and provide guidance on the program. On motion by Councilman Hammett, seconded by Councilman Wilson, and carried unanimously, the City Manager was authorized to proceed as requested. Contribution The.City Manager requested approval of the following Rates City contributions toward employees' life, medical, disability, and dental coverages effective October 12, 1975: Employee Unit Amount Per Month Police $30.00 Fire 30.00 Technical 35.00 Clerical 35.00 Maintenance 35.00 Management 100 percent * Fire Department rate became effective October 26, 1975. On motion by Councilman Wilson,.seconded by Councilman Raciti, the foregoing contribution rates were approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members:. None ABSENT: Council Members: None Load Limits on The City Manager presented an urgency ordinance estab- Paularino Avenue lishing a 6,000 -pound load limit on Paularino Avenue between the Newport Freeway and Bear Street. The ordinance is requested as an emergency measure because of the unusual and sudden use of the street as a haul route by large tandem trucks. On motion by Councilman Urgency Wilson, seconded by Councilwoman Hertzog, Ordinance Ordinance 75-51 75-51, being AN URGENCY ORDINANCE OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA, ESTABLISHING A VEHICLE LOAD LIMIT OF SIX'THOUSAND POUNDS PER VEHICLE AS AUTHORIZED BY SECTION 35701, CALIFORNIA VEHICLE CODE, ON PAULARINO AVENUE BETWEEN THE NEWPORT FREEWAY AND BEAR STREET, AND SETTING FORTH REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing Industrial Zoning Districts Ordinance 75-52 First Reading The Clerk announced that this was the time and place set for the public hearing, continued from the meeting of October 21, 1975, to consider a proposed ordinance amending Title 13, Chapter II -1/2 of the Costa=Mesa Municipal. Code, relating to the Industrial Zoning Districts. The affidavit of publication is:on file in the Clerk's office. A communication in opposition to the proposed ordinance has been received from Mr. and Mrs. a. V. Nicholson, 2063 Republic Avenue, Costa Mesa. The Planning Commission recommended approval of the proposed ordinance. Ernest Skeen, 924 West 19th Street, Costa Mesa, representing the Mesa West Home- owners Association, offered suggestions for amendments to the ordinance as proposed. Ed McFarland, 1697 Oahu Place, Costa Mesa, spoke in opposition to the ordinance as written. Kathy Palmer, 915 West Wilson Street, Costa Mesa, representing the Mesa West Homeowners Association, asked for clarification on the zoning designations presently in effect. Dave Salcido, 954 West 17th.,Street, Costa Mesa, suggested that where a block wall is erected as -a buffer, landscaping should also be provided. Brad Coons, 2276-F Maple Avenue, Costa Mesa, asked for clarification on the intent of the ordinance. The following persons spoke in support of the proposed ordinance: Donn Hall, 1897 Parkview Circle, representing the Oceanview Park Homeowners Association; John Rowe, 1945 Placentia Avenue, Costa Mesa; and William Warren, representing the Hartley Company: There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Wilson, seconded by Councilwoman Hertzog, subject to certain clerical corrections, Ordinance 75-52, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING ORDINANCE NUMBERS 73-43 (TITLE 13, CHAPTER II.5), CLASSIFYING AND REGULATING THE LAND USES WITHIN INDUSTRIAL ZONES, 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 F� 1 69 ZE-75-98 This.item was taken out of'order to avoid inconvenience The Family to anyone appearing in this regard. The Mayor read a Group Homes letter requesting.a two-week continuance of Zone Exception ZE-75-98, The Family Group Homes, 1920 East Held Over Katella Avenue, Suite 0, Orange, for a Conditional Use Permit for a foster home with six boys and resident supervisory couple in an existing home, in an Rl zone located at 550 Sturgeon Drive. A Negative Declaration of Environmental Impact has been filed. On motion by Councilman Wilson, seconded by Councilwoman Hertzog, and carried, this item was held over to the meeting of November 17, 1975, as requested by the applicant. Councilman Wilson Councilman Wilson left the meeting briefly at 8:45 p.m. Leaves and therefore did not participate in the voting on the next item. Public Hearing The Clerk announced that this was the time and place Real Estate Signs set-for.the public hearing to consider a proposed ordinance amending Chapter VI -of the Costa Mesa Municipal Code, relating to residential real estate signs including Open House and directional signs. 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. Councilman Hammett requested an amendment to the proposed ordinance to include language which will eliminate use of the word "sold" as part of these signs. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, subject to the foregoing amend- Ordinan.ce.75-53 ment, Ordinance 75-53, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA AMENDING PROVISIONS OF CHAPTER VI OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE RELATING TO REAL ESTATE SIGNS, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Rinkley, Hammett, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Wilson Recess The Mayor declared a recess at 8:50 p.m., and the meeting reconvened at 8:55 p.m. Public Hearing The Clerk announced that -this was the time and place GP -75-3B set for the public hearing for General Plan Amendment GP -75-3B, amending the General Plan from Low Density - Denied Residential to General Commercial, on property located at the northeast corner of Harbor Boulevard and Princeton Drive. A Negative Declaration of Environ- mental Impact has been filed. The affidavit of publication -is on file in the Clerk's office. A petition containing 75 signatures in opposition to the request has been received. The Planning Commission recommended approval of the .amendment. Attorney Donald E. Smallwood, 366 San Miguel Drive, Newport Beach, representing Richard Nabers, owner of the subject property, was present and spoke in support of the request. Mr. Smallwood explained the applicant's need to expand his automobile dealership to acquire addi- tional parking. The following Costa Mesa residents spoke in opposition to the request: Paul Engard, 448 Princeton Drive; Richard Groff, 2574 Oxford Lane; Lawson Whitley, 435 Swarthmore Lane; Wil Baden, 339 Princeton,Drive; Bud Lengtat, 432 Princeton Drive; Peter Hamborg, 457 Princeton Drive; Jeannine Marold, 306 Princeton Drive; Mrs. Dorothia Ennis, 2550 Carnegie Avenue; William Dosta, 317 Princeton Drive; Vern Nieman, 407 Princeton Drive; Mrs. Corsey, 416 Princeton Drive; and Mrs. M. L. Goldner, 365 Princeton Drive. Les Ferguson, 322.Princeton.Drive, suggested some alternatives to `the proposed amendment. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilman Raciti, seconded'by Councilman Hammett, and carried, Mayor Pinkley and Councilman Wilson voting no, General Plan: Amendment GP -75-3B was denied. Public Hearing The Clerk announced that this was the time and place Final Development set for the public hearing to consider the Final Plan - Cameo Homes Development Plan for Cameo Homes, Post Office Box 2990, Newport Beach, for 38 single-family homes, 276 apartment units, and a 2.5=acre public park, located at the corner of Newport Boulevard and Paularino Avenue. An Environmental Impact Report was accepted by Council on February 4, 1975. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended denial. Craig Combs, repre- senting the applicant, was present and expressed objections to Condition No. 42 concerning park fees, and Condition No. 53 concerning installation of a traffic signal. Alice Christoff, 598 Sturgeon Drive, Costa Mesa, asked for clarification on the park size. After considerable discussion, on motion by Council- man Wilson, seconded by Councilman Hammett, the project was approved subject to 56 conditions, amend- ing Condition No. 42 -to accept a 2.4 -acre parkland plan dedication in lieu of park fees, and Ordinance Ordinance 75-54 75-54, being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY OF COSTA MESA CONCERNING THE ADOPTION OF THE FINAL DEVELOPMENT PLAN OF CAMEO HOMES FOR THE PLANNED DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF PAULARINO-AVENUE AND THE NEWPORT FREEWAY, COSTA MESA, CALIFORNIA, 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 Fire Hydrants The Mayor appointed Council Members Norma Hertzog and and Traffic Dom Raciti as a liaison committee to represent the Signals City in discussions concerning the installation of fire hydrants and traffic signals. Public Hearing The Mayor announced that this was the time and place R -75-12A set for the public hearing for Rezone Petition Cameo Homes R -75-12A, Cameo Homes, Post Office Box 2990, Newport Beach, for permission to rezone property located at the corner of Newport Boulevard and Paularino Avenue from RI to PDR -LD, Planned Development Residential - Low Density. An Environmental Impact Report was accepted by Council on February 4, 1975. The affidavit of publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Councilwoman Ordinance 75-55- Hertzog, Ordinance 75-55, 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 PAULARINO AVENUE AND THE NEWPORT FREEWAY.OFFRAMP FROM Rl TO PDR -LD, 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 1 1 771 Public Hearing The Mayor.announced.that this was the time and place R -75-13A- set for the public hearing for Rezone Petition Cameo Homes R -75-13A, Cameo Homes, Post Office Box 2990, Newport Beach, for permission to rezone property located at the corner of Newport Boulevard and Paularino Avenue from Rl.to PDR -HD, Planned.Development Residential - High Density. An Environmental Impact report was accepted by Council on February 4, 1975. The affidavit of publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Wilson, seconded by Councilwoman Ordinance.. 75-56 Hertzog, Ordinance 75-56, 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 PAULARINO AVENUE AND THE NEWPORT FREEWAY OFFRAMP FROM Rl TO PDR -HD, 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 Member's: None Public Hearing The'Mayor announced that this was the time and place R-75-21 set for the public hearing for Rezone Petition Cameo Homes R-75-21, Cameo Homes, Post Office Box 2990, Newport Beach, for permission to rezone property located at the corner of Newport Boulevard and Paularino Avenue from Rl to I and R, Institutional and Recreational. An Environmental Impact Report was accepted by Council on February 4, 1975. 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 Councilwoman Hertzog, seconded by Councilman Hammett, Ordinance Ordinance 75-57 75-57; being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF PAULARINO.AVENUE AND NEWPORT BOULEVARD FROM Rl TO I AND R, 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 Tentative Map This item was taken out of order as it related to the of Tract 9036 four previous items. The Director of Planning pre - Cameo Homes sented Tentative Map of Tract 9036, Cameo Homes, 1451 Quail Street, Newport Beach, to create a 44 -lot subdivision at.the northwest corner of the Newport Freeway and Paularino Avenue. An Environmental Impact Report was accepted by Council on February 4, 1975. On motion by Councilman Wilson, seconded by Mayor Pinkley, and carried, Tentative Map of Tract 9036 was approved subject to the conditions imposed upon the Final Development Plan. Public Hearing The Clerk announced that this was the time and place R-75-22 set for the public hearing for Rezone Petition Arthofer R-75-22, Dan Arthofer, 1755 Orange Avenue, Suite F, Costa Mesa, for permission to rezone property located at the southeast corner of Canyon Drive and Victoria Street.from Ml to R2 -CP, into conformance with the General Plan. An Environmental Impact Report was accepted by Council on February 4, 1975. The affi- davit of publication is on file in the Clerk's office. 72 A communication in opposition to the request has been received from Don Howland, 1101 Victoria Street, Costa Mesa. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, Ordinance 75=58 seconded by Councilman Wilson, Ordinance 7.5-58, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA J 'MESA, CALIFORNIA, CHANGING -THE ZONING OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CANYON DRIVE AND VICTORIA STREET FROM Ml 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, NOES: Council Members: None ABSENT: Council Members: None Recess The Mayor declared a recess at 11:00 p.m., and the meeting reconvened at 11:05 p.m. Tentative Map The Clerk presented Tentative Map of Tract 6860, Tim of Tract 6860 R. Fischbeck, 13881 Tustin East, No. 47, Tustin, to Fischbeck create a six -lot subdivision, located at 955 Paularino Avenue in an Rl zone. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. The applicant was present and spoke in support of the request. On motion by Councilman Wilson, seconded by. Councilman Raciti,-and carried, Tentative Map of Tract 6860 was approved subject to conditions as recommended by the Planning Commission. Restirfacing'of The Clerk presented a request from Howard C. Minder, East 18th Street 432 East 18th Street, Costa Mesa, to discuss the matter of resurfacing East' 18th Street, between Tustin Avenue and Irvine Boulevard. Mr. Minder was present and presented a chronology of events and questions concerning the resurfacing. Mr. Minder was informed that the resurfacing of East 18th Street is planned for next year. ZE-75-104 The Director of Planning presented from the meeting of Evans October 21; 1975, an application for Zone Exception ZE-75-104, Charles.W. Evans, 460 Newport Boulevard, Denied Newport Beach, for a variance 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 variance from Section 13-138, to allow a three-foot encroachment into the required side yard for addition to an existing garage, in an R2 zone located at 365 La-Perle Place. The Planning Commission recommended approval subject to conditions. No commun- ications have been received. The applicant was not present. On motion by Councilman Raciti, seconded by Mayor Pinkley, and carried, the application was denied. ZE-74-62 The Director of Planning presented a request for a DeFrenza 180 -day extension of permit, retroactive to August 6, 1975, and expiring February 6, 1976, for Antonio Held Over DeFrenza, 2430 Windward Lane, Newport Beach, for permission to operate a pre-school for a maximum of 82 children, five days per week, from 7:00 a.m. to 6:00 p.m., in a Cl zone located at 3021-23 and 3025-27 Deodar Avenue. The Planning Commission recommended approval. The applicant was present and spoke in support of the request. A motion by Councilman Hammett to deny the request died for lack of a second. A motion by Councilman Raciti, seconded by Councilman Wilson, to approve the request, failed to carry., Council Members Pinkley, Hammett, and Hertzog voting 1 I- I �cb no. After further discussion, a motion was made by Councilman Hammett, seconded by Mayor Pinkley, and carried, Councilwoman Hertzog voting no, to reconsider the previous motion. On motion by Councilman Hammett, seconded by.Mayor Pinkley, and carried, Council Members Wilson and Hertzog voting no, this item was held over for two weeks to the meeting of November 17, 1975, with direction, to staff to conduct a traffic survey during this period. ZE-75-107 The Director of Planning.presented an application for Smith Zone Exception.ZE-75-107, Donald D. Smith, 2277 Harbor Boulevard, Costa Mesa, for a Conditional Use Denied Permit to operate an escort service, photo figure modeling studio, massage parlor, and a vocational workshop for teaching massage techniques, in a C2 zone located at 130 East 17th Street. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A communication in opposition to the request has. been received from Michael Corraro, 6620 North San Gabriel Boulevard, San Gabriel, owner of property at 1724-28 Newport Boulevard, Costa Mesa. Mr. W. Mike McCray, Attorney at Law, representing the applicant, expressed objections to the conditions. After discussion, on motion by Councilwoman Hertzog, seconded by Councilman Hammett, and carried, the application was denied based on the recommendations of the staff. ZE-75-108. The Director of Planning presented an application for Ho Sup Jung., Zone'Exception ZE-75-108, Ho Sup Jung, 3400 Irvine Avenue, Newport Beach, for a variance from Costa Mesa Municipal Code Section 13-137.3, to allow a six percent density deviation for construction of six apartment units on 16,940'square feet of land, one unit per 2,823 square feet of land, and from Section 13-138.4, to allow a five-foot encroachment into the required rear yard setback, in an R2 zone located at 177 Cecil Place. A Negative Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval subject to conditions. A communication in opposition to the request has been received from Alfred D. Sperry, 177 .Virginia Place, Costa Mesa. The applicant was present and agreed to the conditions. On motion by Councilwoman Hertzog, seconded by Councilman Hammett, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-75-110 The Director of Planning presented an application for Sewell Zone Exception ZE-75-110, Richard Sewell, Incorpor- ated, 136 Rochester Street, Costa Mesa, for a variance from Costa Mesa Municipal Code Section 13-176.2 and Section 13-581-B, to allow a five-foot encroachment into the required ten -foot side setback, and to reduce the required number of parking spaces, 29 required, 28 provided, with a 16 -unit apartment development in an R4 -CP zone, located at 329 Avocado Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and expressed objections to Conditions lA and' lB concerning fire hydrant installa- tion. After discussion, on motion by Councilman Hammett, seconded by Councilman Wilson, and carried, Mayor Pinkley 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. As part of the motion, the applicant was granted the right to appeal Conditions IA and 1B, if in the future the City's policy with regard to fire hydrant installation is changed. ZE-75-112 The Director of Planning presented an application Union Oil for Zone Exception ZE-75-112, .Union Oil Company of California, Post Office Box 7600, Los Angeles, Held Over for a Conditional Use Permit for exterior altera- tions to an existing service station in a C2 zone, located at 2248 Harbor Boulevard. An Exempt Declaration of Environmental Impact has been filed. The.Planning Commission recommended approval subject to conditions. No communications have been received. The Director of Planning -reported a request from Bob Franks, representing the applicant, for a continu- ance of this item for two weeks. On motion by Mayor Pinkley, seconded by Councilman Raciti, and carried, this item was held over for two weeks to the meeting of November 17, 1975. ZE-75-114 The Director of Planning presented an application Balalis and for Zone Exception ZE-75-114, Balalis and Pigneri Pigneri Development Company, 2400 West Coast Highway, Suite D, Newport Beach, for a variance from Costa Mesa Municipal Code Section 13-149.3, to allow a three percent density deviation, one unit per 1,949 square feet, to construct a nine -unit apartment complex, in an R3 -CP zone located at 369 West Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to the conditions. On motion by Councilman Wilson, 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. ZE-75-116 The Director of.Planning presented an application Baker for Zone Exception ZE-76-116, Vernon P. Baker, 511 Sturgeon Drive, Costa Mesa, for a variance from Costa Mesa Municipal Code Section 13-319.1; to allow the addition of two feet of redwood lath on top of -an existing six-foot block wall, resulting in an eight -foot fence, in an R1 zone located at that address. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval. Communications in support of.the request have been received from Shirley Rice, 517 Sturgeon Drive, Costa Mesa; and Cathy Vanderpool, 507 Sturgeon Drive, Costa Mesa. On motion by Councilman Wilson, seconded by Councilman Raciti, and carried, the Exempt Declar- ation of Environmental Impact was accepted as meeting the requirements of the law, and the application approved as recommended by the Planning Commission. Oral Brad Coons, 2276-F Maple Avenue, Costa Mesa, spoke Communications regarding a poor road condition for the bicyclist traveling on Wilson'Street west of Harbor Boulevard. Adjournment The Mayor declared the meeting adjourned to an Executive Session at 12:10 a.m. 0.7f �9 ayor of the City of Costa Mesa ATTEST: City Clerk of the City of Cos Mesa