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HomeMy WebLinkAbout01/19/1976 - City CouncilRoll Call Minutes January 5, 1976 Ordinances REGULAR MEETING OF THE -CITY COUNCIL CITY OF COSTA MESA January 19, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., January 19, 1976, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by Mayor. Pro Tem.Wilson, followed by the Pledge of Allegiance to the Flag, and Invocation by Doctor George Wood, Newport -Mesa Christian Center. 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 The Mayor Pro Tem declared the Minutes of the regular meeting of January.5, 1976, approved as distributed and posted as there were no corrections. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, all ordinances will be'read by title only. R -74-27A On,motion by Councilman..Hammett, seconded by Council- woman Hertzog., Ordinance 76-1., being AN ORDINANCE OF Ordinance 76-1 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE.ZONING OF LOTS 80.4 AND 904 OF NEWPORT MESA TRACT FROM M1 TO MG, 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-74-36 On motion by Councilman Pinkley, seconded by Councilman Raciti, Ordinance 76-2, being AN ORDINANCE OF THE CITY Ordinance 76-2 COUNCIL.OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Adopted..' THE ZONING OF PROPERTY LOCATED ON PLACENTIA AVENUE FROM Ml TO MG, was given second reading and adopted by the following roll call voter AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None R-74-39 On motion by Councilman Raciti, seconded by Councilman Pinkley, Ordinance 76-3, being AN ORDINANCE OF THE CITY Ordinance .76-3 COUNCIL OF THE CITY OF COSTA MESA,"CALIFORNIA, CHANGING Adopted THE ZONING OF PROPERTY IN THE GENERAL -AREA OF NEWTON WAY AND POMONA AVENUE FROM Ml TO MG, 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-74-40 On motion by Councilman Pinkley, seconded by Council- woman Hertzog; Ordinance 76-4, being AN ORDINANCE OF Ordinance 76-4 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted 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 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-75-28 DeWeese, Ordinance 76-5 Adopted Sister City Resolution 76-9 Supporting" Negotiations with the City of Mitaka On motion by Councilman Raciti, seconded by.Councilman Pinkley, Ordinance 76-5, 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 FAIR - VIEW FARMS, 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 The Mayor Pro Tem presented from the meeting of January 5, 1976, consideration of Mitaka, Japan, as a Sister City to the City of Costa Mesa, and received a report from the Assistant City Manager detailing the Sister City Program. Mr. T. Ono of the Sumitomo Bank of California, Tom Maruyama of the Orange'Coast Optimist Club, and Russell Yamaga, President of the Optimist Club, who have been active in this program, were introduced. On motion by Councilman Hammett, seconded by Councilman Raciti, Resolution 76-9, being A'RESOLUTION OF THE CITY COUNCIL OF_THE CITY OF.COSTA MESA, CALIFORNIA, SUPPORTING NEGOTIATIONS WITH THE CITY OF MITAKA, JAPAN, AS A SISTER.CITY TO 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 On motion by Councilman Pinkley, seconded by Councilman Raciti, a maximum sum of $1,000.00, to be. -used to entertain citizens visiting.Cos.ta Mesa.from Mitaka, Japan, was approved for the 1976-77 City Budget, by the following roll call -vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Pinecreek-Adams On motion by Councilman Hammett, seconded.by Council - Planned woman Hertzog, Ordinance 76-6, being AN ORDINANCE OF Development THE CITY COUNCIL OF THE CITY OF COSTA MESA., ,CALIFORNIA, Project AMENDING ORDINANCE NO. 75-50 CONCERNING CORRECTING A CLERICAL ERROR ON ONE CONDITION FOR APPROVAL OF THE Ordinance 76-6 PLANNED'DEVELOPMENT LOCATED AT -1300 ADAMS AVENUE, COSTA First Reading 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 i 1 1 Boa CONSENT CALENDAR.: The following items were removed from the Consent Calendar: Item 13-d, Signalization at Estancia High School; and Item 19, Landscaping and Irrigation on Bear Street Bank at the San Diego Freeway. On motion by Councilman Pinkley, seconded by Councilman Raciti, 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 Public Utilities Notice of an Order from the Public Utilities Commission, Commission reopening and consolidating Application 55599, Southern California Gas Company, for authority to adjust its rates as necessary to reflect its participation in a funding agreement to secure certain rights to Alaskan natural gas, and for authorization to give its consent to an assignment to Atlantic. Richfield by Pacific Lighting Gas Development of certain rights pursuant to an agreement relating to -the funding agreement; and Application 55661, Pacific Gas and Electric Company, for authority to adjust its rates as necessary to provide funds to make payments required under a certain funding agreement related to Northern Alaska natural gas, was received and processed. Reading Folder The following Reading Folder -items, in the Consent Calendar, were received and processed: Public Utilities Case No. 10019 before the Public Utilities Commission Commission, regarding investigation for the purpose of establishing a list for the fiscal year 1976-77 of existing and proposed crossings at grade of city streets, county roads, or State highways most urgently in need of separation, or projects effecting the elimination of grade crossings by removal or relocation of streets or railroad tracks, or existing separations in need of alteration or reconstruction as contemplated by Section 2452 of the Streets and Highways Code. Mosquito Abatement Minutes of the 347th meeting of the Orange District County Mosquito Abatement District, held on December 18, 1975. Alcoholic Alcoholic Beverage.License°applications for Beverage which parking has been approved by the Planning Licenses Department from: David George Clifford, doing business as The Exit, 1714 Placentia Avenue; John E. and Vera J. Peterson, doing business as The Keg, 1125 West Victoria Street, Buildings K and L; and Arthur H. Johnson, doing business as Spirit Shoppe No. 7, 2602 Newport Boulevard. Original off -sale general license from Bobby D. Fisher, doing business on the north side of Date Place between Cinnamon Avenue and Harbor Boule- vard, with protest from the Director of Planning End - Reading Folder until applicable codes and requirements are met. Business Permit Notice of Intention to Solicit for Charitable Purpose Applications from the Girl Scout Council of.Orange County, 1620 Adams Avenue, Costa Mesa, by door-to-door solicitation Girl Scout and booth sales of cookies, February 20 through 29, Council 1976, was approved with Section 9-234J of the Municipal Code waived. Leon's Mens A request from.Leon's Mens Shop, 227 :East 17th Street, Shop Costa Mesa, for a 30 -day extension of a close-out sale permit, January 22 through February 21, 1976, was approved. Set for Public The following items were set for public hearing on Hearing February 2, 1976, at 6:30 p.m., in the Council Chambers of City Hall: Final EIR - Final Environmental Impact Report for the Westside Westside Community Plan. Community Plan R-74-29 Amended Rezone Petition R-74-29 Amended, Costa Mesa Planning Commission, for permission to rezone property located west of Whittier. Avenue; from M1 (Light Industrial) to MG (General Industrial). A Negative Declaration of Environmental Impact has been filed. R-76-12 Rezone Petition R-76-12,. Rollo McClellan, 2424 McClellan Windward Lane, Newport Beach, for.permission to rezone property located east of Sundance Drive, Newport Beach, and north of 19th Street, Costa Mesa, from M1 (Light Industrial) to Rl (Single Family Residential). A Negative Declaration of Environmental Impact has been filed. R-76-13 Rezone Petition R-76-13, Joseph C. Hesse, 3615 Hesse Blue Key, Corona del Mar, for permission to rezone property located at 1919 Anaheim Avenue, from Cl (Light Commercial) and R2 (Medium Density Residential) to R3 -CP (High Density Residential). A Negative Declaration of Environmental Impact has been filed. Refund On recommendation by the Revenue Supervisor, a refund of $36.00 to Smith Electric Supply, 10792 Knott Avenue, Smith Electric Stanton, on Business License No. 8799, as this license Supply was purchased in error, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Claim The following claim received by the City Clerk was referred to the City Attorney: M. J. Olson. Contract Renewal On motion by Councilman Pinkley, seconded by Councilman with Municipal Raciti, renewal of a contract with the -Municipal Code Code Corporation Corporation, Post Office Box 2235, Tallahassee, Florida, for Looseleaf Supplement -Service for the Municipal Code of the City of Costa Mesa, was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Conference Expense On motion by Councilman Pinkley, seconded by Councilman Advances Raciti, Conference Expense Advances listed -below were approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members.: None ABSENT: Council Members: None Advance for Police Lieutenant to attend the USC Organizational Development Seminar in Palm Springs, January 29 to 31, 1976, in the amount of $230.00. Advance for Police Officer to attend Economic Crime Investigation Institute,Sacramento, February 22 through March 5, 1976, in the amount of $300.00. Parking. The Traffic Commission,recommended prohibition of Prohibition parking and establishment of a loading zone on the and'Loading easterly.curb.of Pomona,Avenue north of West 19th Zone on. Street, to aid in the turning.of large buses. On Pomona. -Avenue motion by Councilman Pinkley,seconded by Councilman Raciti, Resolution 76-10, being A RESOLUTION OF THE Resolution 76-10 CITY'COUNCIL OF THE CITY.OF COSTA.MESA, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A LOADING ZONE AND PROHIBITING PARKING ON PORTIONS OF"POMONA 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 Three -Way Stop The Traffic Commission recommended installation of Signs on Superior three-way stop signs on Superior Avenue and Newport Avenue and Newport Frontage Road as a result of recent reconstruction. Frontage Road On motion by Councilman Pinkley,-seconded by Council- man Raciti, Resolution 76-11, being A RESOLUTION OF Resolution 76-11 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE.ERECTION OF STOP SIGNS ON SUPERIOR AVENUE AND ON NEWPORT FRONTAGE ROAD, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Four -Way Stop The Traffic Commission recommended -continued use of Signs on Superior four-way stop signs at Superior Avenue and West 17th Avenue and West Street, which were erected .at the -time reconstruction 17th Street commenced at the new intersection. On motion by Councilman Pinkley, seconded by Councilman Raciti, Resolution 76-12 Resolution 76-12, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING A FOUR-WAY STOP.FOR TRAFFIC AT.THE INTERSECTION OF SUPERIOR .AVENUE AND WEST -SEVENTEENTH STREET, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None "U" Turn on The -Traffic Commission recommended restoration of a Newport "U1° turn on Newport Boulevard at East 17th Street, Boulevard at which was prohibited in connection with improvements East 17th made at that intersection. On motion by Councilman Street Pinkley, seconded by Councilman Raciti, and carried, a request to the State for a trial reinstallation was approved as recommended by the Traffic Commission. Tract.6508 Improvements have been completed in Tract 6508,.49 Roane lots located southeast of the Newport --Freeway and southwest of Bristol Street, by Mr. and Mrs. Floyd B. Roane, in care of Wenke, Burge and Taylor, 1055 North Main Street, Suite 801, Santa Ana, to the satisfaction of the Director of Public Services. On motion by Councilman Pinkley,.seconded by Councilman Raciti, the work was..accepted,:and the bonds were ordered exonerated, by the following roll:call vote: AYES: Council Members,: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES:. Council Members: None ABSENT: Council Members: None Notice of The construction of traffic signals and•safety'lighting Completion on Bristol Street at Montgomery:,Ward's entrance has Traffic Signals been completed by Trascon, Incorporated, 3841 Catalina on Bristol Street. Street, Los Alamitos, to the.satisfaction of the at Ward's Director of Public Services. On motion -:-by Councilman Entrance Pinkley, seconded by Councilman 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 date the Notice of Completion is filed, by -the following roll call vote: AYES: Council Members: Pinkley,'Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Notice of The installation of concrete maintenance strips on Completion Newport -Boulevard from -West 17th Street to Industrial Maintenance Way has been completed by Markel Cement Contracting, Strips on Incorporated, Post Office Box 1936, Costa Mesa, to Newport the satisfaction of the Director of Public Services. Boulevard On motion by Councilman Pinkley, seconded by Councilman Raciti, the work was accepted, the Clerk authorized to file,a Notice of Completion, and the bonds were ordered exonerated 35 days after the date the Notice of Completion is.filed, by the following roll -call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Agreement - On motion by Councilman Pinkley, seconded by Councilman Garcia Raciti, an agreement between the City'and John and Sharon Garcia for acquisition of property at 158 Del Mar Del Mar Avenue Avenue; AHFP Project 787, Parcel 21, for the Del Mar Widening Avenue widening, was approved in the'amount of Parcel 21 $41,000.00, the Mayor and Clerk were authorized to sign AHFP 787 on behalf of the City, and.escrow to terminate as soon as possible, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Citywide Signal On motion by Councilman Pinkley, seconded by Councilman System Development Raciti, and carried, a request from Herman Kimmel and Study Associates, Incorporated, 4242 Campus Drive, Suite E-6, Newport Beach, -for a two-week extension of time for the Citywide Signal System Development Study, was approved. Signalization at Item 13-d on the Consent Calendar, a recommendation by Estancia High the Traffic Commission for signalization at Estancia School High School, was presented. Cliff Herring, 1795 Hummingbird Drive, Costa Mesa, spoke in support of the Held Over installation of traffic signals at this location. After i .-Lou discussion, on motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, this item was referred to the City Manager for further study, and a request made to Traffic Engineering to prepare a report for Council consideration at the meeting.of February 2, 1976. After further discussion, on motion by Councilwoman Hertzog, seconded by Councilman Raciti, and carried, the use of police officers at two intersections at the high school, directing traffic during day hours only until a Landscaping and final decision is made by Council, was approved. Item 19 on the Consent Calendar, a contract for Irrigation on installation of landscaping and irrigation on Bear Bear Street Bank Street bank at the San Diego Freeway, was presented. at the San Diego "Bids received for this project are on file in the Freeway Clerk's office. Paul Diehl, 1092 Santa Cruz Circle, Costa Mesa, spoke in opposition to the project unless Awarded sidewalks were installed.at.the same time. After Park View discussion, on motion by Councilman Raciti, seconded Landscape and by Councilman Pinkley,-the contract was awarded to Sprinkler Park View Landscape and Sprinkler Company, 511 Cypress Avenue, Hermosa Beach, in the amount of $6,256.00, Sidewalk hssue being the lowest bid meeting specifications, and the Referred'to sidewalk issue referred to the.City Manager for City Manager further study, and to research the possibility of sidewalk funding by means of the 1911.Act.with reference to district improvements, 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 Hammett, seconded by Councilwoman Resolution -919 Hertzog, Warrant Resolution 919, including Payroll 7601, was approved 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 in support of the Juvenile Program Criminal Justice Council. On motion by Councilwoman Hertzog, seconded Resolution 76-13 by Councilman Raciti, Resolution 76-13, being A Grant for Law RESOLUTION OF -THE CITY COUNCIL OF THE CITY OF COSTA Enforcement MESA, CALIFORNIA,.AUTHORIZING.SUBMISSION OF APPLICA- Purposes TION FOR GRANT FOR LAW ENFORCEMENT.PURPOSES TO THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE, was adopted by -the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None EIR for General The City Manager presented a request for City Plan Amendment- participation with the developer in the cost of an - Victoria Street Environmental Impact Report fora General Plan west of -Newport Amendment on Victoria Street west of Newport Boule- Boulevard vard, in the approximate amount of $1,250.00, or 50 percent of the cost, whichever is the lower sum, said funds to be derived from the Planning Department .Budget. On motion by Councilman Pinkley, seconded by Councilwoman Hertzog, participation .in the cost of the Environmental Impact Report was approved 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-75-29 set for the public hearing for -Rezone Petition R-75-29, Donald Investment Donald Investment Company, 1303 Avocado Street, Company No. 225, Newport 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 las 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 Councilman Hammett, seconded by Councilman Pinkley, the Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 76-7 requirements of the law, and Ordinance 76-7, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,,CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA OF WEST SEVENTEENTH STREET.AND PLACENTIA AVENUE FROM C2 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-75-31 set for the public hearing for 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. 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 Councilman Pinkley, seconded by Councilman Raciti, the Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 76-8 requirements of the law, and Ordinance 76-8, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF.THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA BETWEEN NEWPORT BOULEVARD AND BRISTOL STREET AND PAULARINO AVENUE AND BAKER.STREET.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-75-32 set for the public hearing for Rezone Petition R-75-32, - Costa Mesa Planning Commission; for permission to rezone property 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. 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_Councilman Hammett, seconded by Council -- man Pinkley, the Negative Declaration of Environmental __ 141 Impact was accepted as meeting the requirements of the Ordinance 76-9 law, and Ordinance 76-9, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA EAST OF HARBOR BOULEVARD.ON LOGAN 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-75-33 set for the public hearing for Rezone.Peti.tion 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. 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 Raciti, seconded by Councilman Pinkley, the Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 76-10 requirements of the law, and Ordinance 76-10, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA NORTHEAST OF BRISTOL STREET AND RANDOLPH 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 Dance Permit - set for the public hearing ofa request for.a.dance Zeppo's permit from Zeppo's, also.known as Pier ll, located at 1976 Newport Boulevard.. The affidavits of posting, Denied publishing, and mailing are on file in the Clerk's office. A communication in favor of the request has been received from Oscar Montalbo, Antique Center, 1996 Newport Boulevard, Costa Mesa. A communication in opposition to the permit has been received from Bessie G. Minor, 1986 Church Street, Costa Mesa. Two communications in opposition to the request were filed with the City Clerk from: David E. and Marita L. Brown, -1964 Church Street, Costa Mesa; and Cindy J. Bayes, 1960 Church Street, Costa Mesa. The following were received as evidence and filed with the City Clerk: Original Findings of Fact, Conclusions.of Law and Judgment for Injunction, Case No. 203452; Supple- mental Findings of Fact and Conclusions.of Law and Judgment for Injunction, Case No. 203452; Check No. 338, in the amount of $100.00, from Pier 11, which was not honored by Citizens Bank of Costa Mesa; and Check No. 731, in the amount of $125.00, from Zeppo's, also returned to the City by said bank. Councilman_ -Hammett Councilman Hammett left the meeting at 8:30 p.m. and Leaves returned at 8:35 p.m. The following persons, each having been duly sworn by the City Clerk, offered testimony to questions from Assistant City Attorney Robert Campagna, and Attorney Kenneth P. Scholtz, representing the applicant: Richard:Hanhart, Director of Building Safety; Police Captain Robert Green; Battalion Chief Robert Beauchamp; X12 Willard L. Quinn, Revenue Supervisor; Perry Valentine, Planning Staff Member; Charles Goldsworthy, -represent- ing the owner of property at 1993 Church Street; Wayne Wassell, 114 East 20th Street; Shirley Rinehart, 142 East 20th Street; and Mike Ortiz, the -applicant. There being no other speakers, the Mayor Pro Tem closed the public hearing. After discussion, on motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the request for a dance permit was. denied, and the City Attorney ordered to prepare written findings of the hearing. Recess The Mayor Pro Tem declared a recess at 9:50 p.m., and the meeting reconvened at 10:00 p.m. The following items were taken out of order for the convenience of the public. Community Jerry Vandewalle, 2818 LaSalle Avenue, Costa Mesa, Development Chairman of the. -Costa Mesa Community Development Committee Committee, presented a request from the Committee to include Home Security Grant'Project (new) out of the first year's Community Development Contingency Fund allocation, in the amount of $5,000.00. On motion by Councilwoman Hertzog, seconded by Councilman Raciti, the request was approved by the following roll call vote: 'AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Mr. Vandewalle reported on the Committee.'s first year program for informational purposes only. Mr. Vandewalle further reported the recommendations of the Committee for the second year's application for Federal funds, which -will be in the amount of $508,000.00. On motion by Councilwoman Hertzog, seconded by Councilman Raciti, the recommendations as outlined in the report were approved,by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members:- None Public Rehearing The Clerk announced that this was the time.and place GP -75-3B set for the public rehearing of General Plan Amendment Nabers GP -75-3B, Costa Mesa Planning Commission, denied by Council on November 3, 1975; to amend the -General Plan for one lot only, located at 464 Princeton Drive, from Low Density -Residential to General Commercial. A Negative Declaration of Environmental Impact has been filed. Request for rehearing was made by-Nabers Cadillac, Incorporated,. 2600'Harb.or Boulevard, Costa Mesa. The affidavits of posting, publishing, and mailing.are on file in the Clerk's office. Communica- tions in opposition to the request have been received by the following Costa Mesa residents: Harriet S. Mueller, 320 -Bucknell Road;. Mr. and Mrs. Charles E. Hollinger, 2538 Carnegie Avenue; W. H. Hartloff, 354 Bucknell Road; and Russell W. Millar, 223 Wellesley Lane. Attorney Thomas L. Woodruff, representing the applicant, spoke in support of the amendment. The following Costa Mesa residents spoke in opposition to the request: Richard Groff, 2574 Oxford Lane; Brad Coons, 2276 Maple -Avenue, Apartment F; Russell Millar, 223 Wellesley Lane; Ms. Ray McPherson, 308 Bowling Green Drive; William Dosta, 317 Princeton Drive; John McGlinn, 2365. Notre Dame Road, Vice President of the College Park Homeowners Association; Hank Panian, 436 Swarthmore Lane; Bill Bandaruk,.2448 Andover Place; Harry Hjorth, 320 Hanover Drive; and Sam Wakeley, 2527 Loyola Road. There being'no other speakers, the .Mayor Pro Tem closed the public hearing. After discussion, on motion by Councilman Pinkley, Resolution 76-14 seconded by Councilman Raciti, Resolution 76-14, being Adopting General A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF COSTA Plan-Amendment GP-75-3B MESA, CALIFORNIA, ADOPTING GENERAL; PLAN .AMENDMENT GP-75-3B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Wilson, Hertzog. NOES: Council Members: Hammett, Raciti ABSENT: Council Members: None Tentative Map The City Clerk presented Tentative Map of Tract 8072, of Tract.8072 Revision One, Don Koll Company, Incorporated, 1901 Don Koll.Company Dove Street, Newport Beach, to create a 30-lot sub- division, being a portion.of.Lot 134, Block 7,.of the Irvine Subdivision, and located at the southeast korner of Red Hill-Avenue and Airport'Loop Drive. The Planning Commission recommended approval subject to conditions. On motion by Councilman Pinkley, seconded by Councilman Hammett,..and.carried, Tentative Map of Tract 8072 was approved-subject to conditions as recommended by the Planning Commission. Crime Prevention The City Manager presented a revision of the Bylaws Committee Bylaws of the Crime Prevention Committee. On.motion by Revision Councilman Pinkley, seconded by Councilwoman Hertzog, and carried, the revision was approved. ZE-75-134 The Director of Planning presented an application Nissan Motors for Zone Exception ZE-75-134, Nissan Motor Corpora- tion in U.S.A., 18501 South Figueroa Street, Carson, Held Over for variance from the Sign Code, to allow deviation in sign area, height, and letter height, in an MP zone, located at.1683 Sunflower.Avenue. An Exempt Declaration of Environmental Impact has.been filed. The Planning Commission recommended denial. No communications have been received. Benjamin Machinist, representing the applicant, spoke in support of the.application and answered questions from Council. Paul Diehl, 1092 Santa Cruz'Circle, Costa Mesa, spoke in opposition to the request. After discussion, a motion by Councilman Raciti, seconded by Councilman Hammett, to deny the.request failed to carry, Council Members Wilson and Pinkley voting no, and.Councilman Hammett.abstaining. After further discussion, on motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, Council- man Raciti voting no,- this item was-held over to the meeting of February 2, 1976. ZE-75-142 The Director of Planning presented an application Slipson for Zone Exception ZE-75-1425 Marvin L. Slipson, 1800 Beryl Lane, Newport Beach, for a Conditional Use Permit to operate a retail bicycle shop, sales and repair,'in conjunction with a bicycle warehouse, in an M1 zone, located at 2991 Grace Lane. 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-answered - questions from Council. After discussion, on motion by Councilwoman Hertzog,.seconded by Councilman i1 Hammett, 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 Plan- ning Commission. ZE-75-144 The Director of Planning presented an application Johns for Zone Exception ZE-75-144, Brenda Johns, 141 Melody Lane, Costa Mesa, for variance to allow reduction in.parking (five required, 'three provided) in conjunction with an existing:tr.iplex, and to allow reduction in required parking stall dimensions, in an R2 zone, located at that address. An Exempt Declara- tion 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 W. Martin Fassell, 114 East 20th Street, Costa Mesa. The Director of Planning recommended that Condition Nos. 2 and 3.be deleted since they are in conflict with two new Condition Nos. 4 and 5 which were added -by -the -Plan- ning Commission. Richard Yocum, 141 Melody Lane, Costa Mesa, representing the applicant, was present and agreed to all conditions as recommended by the Director of Planning. After discussion, on motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Councilman Pinkley voting no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the 1aw,.and the application approved subject to conditions as recommended by the.Planning Commission, with the deletion of Condition Nos. 2 and 3. ZE-75-145 The Director of Planning presented an -application Pinecreek for Zone Exception ZE-75-145, Pinecreek Investment Investment Company, 1300 Quail Street, Suite 106, Newport Beach, Company for variance from fence height requirements to allow an eight -foot high perimeter block wall (six-foot maximum allowed by Code), in a PDR -HD zone, located at 1300 Adams Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to one condition. No communications have been received. Harold.Devich, 1806 Tradewinds Lane, Newport Beach, representing the.applicant, was present and agreed to the. condition. On motion by Councilwoman Hertzog, seconded by Councilman Pinkley, and carred, 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. ZE-75-147 The Director of Planning presented an application English for Zone Exception ZE-75-147, Terry W. English, 1835 Whittier Avenue, Costa Mesa, for a.Conditional Use Denied Permit to operate an auto body and paint shop, in an Ml zone, located at 1835-D Whittier Avenue, Unit D-12. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications have been received. Mr. L. J. Post, 1043 West Center Street, Costa Mesa, and Donn Hall, 1897 Parkview Circle, Costa Mesa, spoke in opposition to the request. The applicant was not present. After discussion, onmotion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, the application was denied. Councilman Hammett requested staff to prepare a letter to Troy Investment Company, express- ing the -City's dissatisfaction with their transaction with the applicant in connection with this item. Councilmanic Councilwoman Hertzog requested that the median on Comments Golf Course Drive, constructed in connection with Zone Exception ZE-74-32, Mesa Verde Villas, be removed. After discussion, this item was referred to the Study Session of January 26, 1976, and scheduled for public discussion at the Council meeting of February 2, 1976. Councilman Wilson requested that the street sweeping program be scheduled for the Study Session of January 26, 1976. Adjournment The Mayor Pro Tem declared the meeting adjourned at 12:30 a.m. r yor of the City of Costa Mesa ATTEST: City Clerk of the City of Cos Mesa