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HomeMy WebLinkAbout03/15/1976 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 15, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., March 15, 1976, 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 tc the Flag, and Invocation by the Reverend Colm Conlon, St. John the Baptist Catholic Church. Roll Call Council Members Present: Raciti, Hammett, Hertzog, Smallwood, McFarland 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 March 1, 1976 of March 1, 1976, approved as distributed and posted as there were no corrections. Proclamation On motion by Councilwoman Hertzog, seconded by Easter Seal Councilman Hammett, and carried, a proclamation Month declaring March 1 through April 18, 1976, as Easter Seal Month in the City of Costa Mesa, was approved. Ordinances On motion by Councilman Hammett, seconded by Council- woman Hertzog, and carried,.all ordinances will be read by title only. Business Permit The Clerk presented from the meeting of March 1, Laguna Concerts 1976, a request from Laguna Concerts under the Sky, under the Sky 1008 Van Dyke Street, Laguna Beach, to hold a one -day concert April 4, 1976, at the Orange County Fair- grounds. On motion by Councilman Hammett, seconded by Councilman McFarland, and carried, the request was approved subject to conditions. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 5, a Business Permit from Saturday/Sunday Car Mart; Item 10, Final EIR for the Westside Community Plan; Item 20c, Prohibition of Parking on Bear Street; Item 22, Final Map for Tract 9036; and Item 28, Conference Advance. 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: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Utilities Decision No. 85497 of the Public Utilities Commission, Commission concerning an investigation on the Commission's own motion into the planning, construction, operations, County Service Resolution from the City of Orange requesting Area the Orange County Board of Supervisors to establish a County Service area in unincorpor- ated portions of the County. Ontario Resolution from the City of Anaheim urging the International Orange County Board of Supervisors to give Airport serious consideration to Ontario International Airport as the solution to air transportation problems in Orange County. On February 2, 1976, the City Council went on record in oppo- sition to similar resolutions, as recommended by the Aviation Committee. Public Utilities practices, aesthetics, and economics of overhead and Commission underground transmission facilities of all electric public utilities in the State of California, was received and processed. Bilingual Voting A resolution of the City of Westminster in opposition Materials to the requirement for bilingual voting materials, was presented. On motion by Councilman.Hammett, seconded Resolution 76-38 by Councilwoman Hertzog, Resolution 76-38, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THAT THE FEDERAL VOTING RIGHTS ACT OF 1975 BE AMENDED TO ELIMINATE THE Assembly Bill 15 REQUIREMENT FOR BILINGUAL VOTING MATERIALS, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood Mosquito Abatement NOES: Council Members: None District ABSENT: Council Members: None Reading Folder The following Reading Folder items, in the Consent Alcoholic Beverage Calendar, were received and processed: County Service Resolution from the City of Orange requesting Area the Orange County Board of Supervisors to establish a County Service area in unincorpor- ated portions of the County. Ontario Resolution from the City of Anaheim urging the International Orange County Board of Supervisors to give Airport serious consideration to Ontario International Airport as the solution to air transportation problems in Orange County. On February 2, 1976, the City Council went on record in oppo- sition to similar resolutions, as recommended by the Aviation Committee. Public Utilities Public Utilities Commission Notice of Removal Commission from Calendar of Application No. 55661, Pacific Gas and Electric Company, for authority to adjust its rates as necessary to provide funds to make the payments required under a certain Funding Agreement related to Northern Alaska natural gas. ICC Memorandum from the Intergovernmental Coordi- nating Council of Orange County advising of those resolutions on file as of January 30, 1976. Assembly Bill 15 Letter from Assemblyman Robert H. Burke, 73rd District, acknowledging receipt of Resolution No. 76-16, adopted by Council on February 2, 1976, opposing Assembly Bill 15, regarding California agricultural land. Mosquito Abatement Minutes of the -349th meeting of the Orange District County Mosquito Abatement District, held on February 19, 1976. Alcoholic Beverage Alcoholic Beverage License applications for Licenses which parking has been approved by the Plan- ning Department from: Nicholas J. Adamo, doing business at 711 West 17th Street; Dick -O -Incorporated, doing business as Newport Station, 1943 Placentia Avenue; Jojo Marengo and Fouad Ziadeh, doing business as El-Farrouj, 2701 Harbor Boulevard; Southland Ventures, Incorporated, doing business at 330 East 17th 1 1 Street; and Norma B., Richard J., and Rodolfo End - L. Carpi, doing business as Carpi's Pizzeria, Reading Folder 539 West 19th Street. Business Permit Notice of Intention to Solicit for Charitable Purpose Application from American Cancer Society, 4030 Birch Street, No. 101, Newport Beach, by door-to-door solicitation, American Cancer April 1 through June 1, 1976, was approved with Society Section 9-234J of the Municipal Code waived. Permit A request from William Gerlach, 2248 Continental Avenue, Costa Mesa, to use Lions Park for the Gerlach - Oddfellows Benefit Breakfast, from 7:00 a.m. to Oddfellows 11:00'a.m., May 1, 1976, was approved subject to conditions of the Leisure Services Department. Set for Public The following items were set for public hearing on Hearing the dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: R-76-14 Rezone Petition R-76-14, Brenda Johns, -141 Johns Melody Lane, Costa Mesa, for permission to April 5, 1976 rezone property located at 141 and 143 Melody Lane, from R2 to R4 -CP. A Negative Declaration of Environmental Impact has been filed. R-76-15 Rezone Petition R-76-15, Richard N. Salmon- Salmonson son, Post Office Box 1314, Newport Beach, April 5, 1976 for permission to rezone property located at 679 West 18th Street, from R2 to R3, in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. Proposed'Sign Proposed ordinance amending Chapter VI (Sign - Ordinance Ordinance) of the Costa Mesa Municipal Code Amendment relating to top -story identification (wall April 5, 1976% signs above the first story). GP -76-1C General Plan Amendment GP -76-1C, Walter Burgess Burgess, 3955 Birch Street, Suite 202, April 19, 1976 Newport Beach, for permission to amend the land use designation of the property at 292 Victoria Street, from Neighborhood Commer- cial to High Density Residential, and a recommendation from the Planning Commission to consider a similar amendment for proper- ties located between 260 and 348 (even numbers) Victoria Street. Red Hill On motion by Councilman Hammett, seconded Annexation No. 1 by Councilwoman Hertzog, Resolution 76-39, to the Park and being A RESOLUTION OF THE CITY COUNCIL OF Recreation District THE CITY OF COSTA MESA, CALIFORNIA, ACTING AS THE EX -OFFICIO BOARD OF DIRECTORS OF THE COSTA MESA PARK AND RECREATION DISTRICT, Resolution 76-39 GIVING NOTICE OF INTENTION TO ANNEX, AND Hearing Set SETTING A PUBLIC HEARING FOR THE CONSIDERA- April 19, 1976 TION OF WRITTEN PROTESTS AGAINST RED HILL ANNEXATION NUMBER ONE AND OTHERWISE PROVID- ING THEREFOR, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Refunds On recommendation by the Street Superintendent, refund of a $100.00 Pool Construction Bond to Aqua Spa Pools, Aqua Spa Pools 18106 Palmetto Circle, Fountain Valley, on Permit No. 00847, as construction has been completed at 491 Costa Mesa Street, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members:. None Municipal Court On recommendation by the Street Superintendent, refund of Orange County of a $100.00 Pool Construction Bond, Permit No. 9740, as construction has been completed at 828 St. Clair Paradise Pools Street by Paradise Pools, payment to be made to the Municipal Court of Orange County to satisfy an Abstract of Judgment, was approved by the following_ roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Claims The following claims received by the City Clerk were referred to the City Attorney: United Pacific/ Reliance Insurance Company on behalf of Monticello Townhouse et al; Kurth W. Krause; Attorney John H. Gilbert, Jr. on behalf of Raymond Ponce Munoz; Attorney Cornelius P. Bahan on behalf of Esther Sandler Rayden; and Attorney Cornelius P. Bahan on behalf of Florence Sandler. Bus Stops On motion by Councilman Hammett, seconded by Council- woman Hertzog, Resolution 76-40, being A RESOLUTION Resolution 76-40. OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING AND ESTABLISHING BUS STOPS WITHIN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Parking Prohibition The Traffic Commission recommended prohibition of on Wilson Street parking on Wilson Street at Fordham Drive for the purpose of providing a pedestrian crossing. On motion by Councilman Hammett, seconded by Council - Resolution 76-41 woman Hertzog, Resolution 76-41, being A RESOLUTION -OF THE CITY COUNCIL. OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON PORTIONS OF WILSON STREET, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members.: None ABSENT: Council Members: None Yield Signs on On motion by Councilman Hammett, seconded by Council - Mendoza Drive woman Hertzog, Resolution 76-42, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 76-42 FORNIA, AUTHORIZING THE INSTALLATION OF YIELD SIGNS FOR NORTHBOUND TRAFFIC ON MENDOZA DRIVE AT CORONADO DRIVE, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None I- C 1 Parking Prohibition The Director of Public Services recommended a reduc- on Coolidge Avenue tion in the hours of parking prohibition for street sweeping on Coolidge Avenue between Baker Street and Paularino Avenue, to provide additional parking hours as requested by the residents. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, Resolution 76-43 Resolution 76-43, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON MONDAYS BETWEEN 8:00 A.M. AND 10:00 A.M., ON A PORTION OF COOLIDGE AVENUE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council -Members: None Redevelopment The improvements in connection with Redevelopment Plan Approval Plan Approval No. 74-02, located at 1893 Orange Avenue, No. 74-02 have been completed by R and F Construction, 1670 Santa Ana Avenue, Costa Mesa, to the satisfaction of the Director of Public Services. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the work was accepted and Passbook No. 31475, in the amount of $400.00, was ordered exonerated, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Notice,.of The improvements have been completed for Construction Completion of 17th Street West, Superior Avenue to Newport Boule- 17th Street West _ vard; and modification of Superior Avenue and Newport - Superior Avenue Boulevard, by Sully -Miller Contracting Company, Post Office Box 432, Orange, to the satisfaction of the Director of Public Services. A 40 -day extension of the contract was recommended due to the delay of delivery of traffic signal equipment. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the contract extension was approved, the work was accepted, the Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Modification of A recommendation was made to modify the contract with Contract for C. W. Poss-R. N. Basich Venture for the Widening of Widening of. Fairview Road. The relocation of facilities by the Fairview Road Pacific Telephone Company caused delays in the original work schedule. It is recommended that work now in progress be completed, and the remaining work to be done by rebid. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the modified contract was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None i S Notice of The Installation of Sports Lighting at Lions Park - Completion Luke Davis Field, has been completed by Allbrite Sports Lighting Electric, Incorporated, 3265 Fletcher Drive, Los at Lions Park Angeles, to the satisfaction of the,Director of Leisure Services. On motion by Councilman Hammett, seconded by Councilwoman_Hertzog, the work was accepted, the Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT:. Council Members: None Uniform On motion by Councilman Hammett, seconded by Council - Contract woman Hertzog, the uniform contract for the period March 1 to December 31, 1976, was awarded to Harris and Frank, Incorporated, Los Angeles, for an approxi- mate budgeted amount of $15,000.00, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 297 Bids received for Bid Item 297, Furnish and Spread Fertilizer 51 Tons of Fertilizer, are on file in the Clerk's office. On motion by Councilman Hammett, seconded Awarded by Councilwoman Hertzog, the bid was awarded to Wilbur -Ellis Wilbur -Ellis Company, 970 South Goodrich Boulevard, Company Los Angeles, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Street Improvements Bids received for the Construction of Street Improve - on Fullerton Avenue ments for Fullerton Avenue at 20th Street are on file at 20th Street in the Clerk's office. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, the Awarded contract was awarded to A. M. Paving Company, 10727 A. M. Paving Leland Avenue, Whittier, in the amount of $9,449.80, Company being the lowest qualified bidder, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Business Permit Item 5 on the Consent Calendar, a request from - Application Saturday/Sunday Car Mart, 881 Camino del Rio South, Saturday/Sunday Suite 3G, San Diego, for automobile swap meets at Car Mart the Orange County Fairgrounds, was presented. On motion by Councilman McFarland, seconded by Council - Held Over woman Hertzog, and carried, this item was held over to the meeting of April 5, 1976, as requested by the applicant. Final EIR for Item 10 on the Consent Calendar, Final Environmental Westside Impact Report for the Westside Community Plan; and Community Plan Land Use Element of the Westside Community Plan, was presented. Ernest Skeen, 924 West 19th Street, Costa Hearing Set Mesa, and Sylvia Jones, 2040 Monrovia Avenue, Costa April 6, 1976 Mesa, spoke in favor of extending this item for a period of 90 days for further study. The Council felt that any concerns or questions could be brought up at the public hearing and if further study was warranted, it could be continued. On motion by Councilman Hammett, seconded by Councilman McFarland, and carried, this item was set for public hearing at the adjourned meeting of April 6, 1976, at 6:30 p.m., in the Council Chambers of City Hall. Parking Prohibition Item 20c on the Consent Calendar, a recommendation on Bear Street by the Traffic Commission for prohibition of parking on Bear Street between the San Diego Freeway and Referred to Baker Street for bicycle lanes, was presented. Dur - Study Session ing the discussion which followed, Herbert Ward, Principal of Bear Street School, discussed some parking problems which the Council felt warranted further study before any action is taken on this item. On motion by Councilwoman Hertzog, seconded by Councilman Hammett, and carried, this item was referred to the next available Study Session Agenda. Final Map of Item 22 on the Consent Calendar, Final Map for Tract Tract 9036 9036; Park Mesa Village, a partnership, 1451 Quail Street, Newport Beach, developer; 40 lots; 20.26 acres, located at the northwest corner of Newport Boulevard and Paularino Avenue; with Subdivision Agreement, was presented. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, subject to the Map being signed by the City Engineer, the Map and Subdivision Agreement were approved; the Council did accept on behalf of the public the Offer of Dedication for street purposes, subject to improvements: Manistee Drive, and did also accept on behalf of the City: (1) the Offer of Dedication of Lot 39 for public park purposes; (2) the Offer of Dedication of all vehicular access rights to Paularino Avenue from Lots 38 and 40, except at private drive intersection; (3) the three-foot public utility easement as dedicated, and the Mayor and Clerk were authorized to sign said document on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Widening of At this time, Councilman McFarland made a motion, Fairview Road seconded by Councilman Hammett, and carried, to Reconsidered reconsider Item 25 on the Consent Calendar, the modified contract with C. W. Poss-R. N. Basich Venture for the widening of Fairview Road. After discussion, on motion by Councilman McFarland, seconded by Councilman Hammett, and carried, the modified agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Conference Item 28 on the Consent Calendar, Conference Advance Advance for one Planning Commissioner to attend the AIP meeting in Washington, D.C., March 22 through Denied March 26, 1976, in the amount of $300.00, was presented. Because of the fact that Planning Com- mission appointments will soon be reconsidered, Councilwoman Hertzog felt this was not a timely request and made a motion to deny the same. The motion was seconded by Councilman McFarland, and carried unanimously. Warrant On motion by Councilwoman Hertzog, seconded by Resolution 928 Councilman McFarland, Warrant Resolution 928 was approved by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Councilman Hammett; seconded by Council - Resolution 929 woman Hertzog, Warrant Resolution 929, including Payroll 7605; was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Claim - Ballard The City Attorney presented the claim of Mike Ballard and recommended that it be denied as there was no Denied liability on the part of the City. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, the claim was denied. Claim - Kelly The City Attorney presented the claim of James W. Kelly and recommended that it be denied as there was Denied no liability on the part of the City. On motion by Councilwoman Hertzog, seconded by Councilwoman Smallwood, and carried, the claim was denied. Sale of Surplus The City Manager requested authorization to proceed Property - East with the necessary steps to offer for sale City -owned 17th Street surplus property at 129 East 17th Street. This property was previously purchased for the future realignment of 17th -Street at Newport Boulevard and is found to be no longer needed for this project. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, the City Manager was authorized to proceed as requested, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Retirement Plan The City Manager presented a proposed resolution Amendment amending the Retirement Plan. On motion by Council- man Hammett, seconded by Councilwoman Hertzog, Resolution 76-44 Resolution 76-44, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE RETIREMENT PLAN FOR EMPLOYEES OF'THE CITY OF COSTA MESA CONCERNING EMPLOYEE APPEAL RIGHTS OF RETIREMENT COMMITTEE DECISIONS UNDER SAID PLAN, was adopted by the following roll call vote: AYES:- Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Costa Mesa The City Manager.presented a request from the Costa City Float Mesa Jaycees for the City -to contribute $3,500.00 for'the Costa Mesa City Float. Sam Dennis and Don t 1 -� 9a Removal of Left The Clerk presented a recommendation from the Traffic Turn Signals at Commission for the removal of left turn signals at Adams Avenue and Adams Avenue and Albatross Drive in order to facili- Albatross Drive tate the redesign of medians'on Adams Avenue to permit the installation of bicycle lanes, and to Held Over provide a location for a City entrance sign. Councilwoman Smallwood requested additional time to visually study the proposal, and made a motion, seconded by Councilman McFarland, and carried, that this item be held to the meeting of April 5, 1976. Marking of On motion by Councilman Hammett, seconded by Council - Hazardous woman Hertzog, Resolution 76-45, being A RESOLUTION Utility Lines OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, REQUESTING.LEGISLATION WHICH WOULD REQUIRE Resolution 76-45 UTILITY COMPANIES TO MARK POWER LINES THAT COULD BE HAZARDOUS TO AIR TRAVEL, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ZE-76-18 The Director of Planning presented an application for Hosfiel Zone Exception ZE-76-18, Keith Hosfiel, 1000 Cliff Drive, Newport Beach, to allow construction of five apartment units in addition to three existing units (one unit per 2,412 square feet of land), to meet CP standards and to allow an encroachment of an existing duplex into the side yard on Westminster Avenue, in an R3 -CP zone located at 241-245 16th Place. 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. Council- woman Smallwood suggested that demolition of the existing units and rebuilding of same along with the rest'of the project would perhaps be a better use of the property. After discussion, on motion by Councilman Hammett, seconded by Councilman McFarland, and carried, Councilwoman Smallwood 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. Bull, representing the Jaycees, spoke in support of the request and answered questions from the Council. Councilwoman Smallwood suggested other methods of financing this project. After discussion, on motion by Councilman Hammett, seconded by Councilman McFarland, the request was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland NOES: Council Members: Smallwood ABSENT: Council Members: None - Warrant for The City Manager requested approval of a Warrant for Transcript a Clerk's transcript in the matter of Norman N. - Tillher Tillner versus the City of Costa Mesa. On motion by Councilwoman Hertzog, seconded by Councilman Hammett, the Warrant was approved in the amount of $700.00, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Removal of Left The Clerk presented a recommendation from the Traffic Turn Signals at Commission for the removal of left turn signals at Adams Avenue and Adams Avenue and Albatross Drive in order to facili- Albatross Drive tate the redesign of medians'on Adams Avenue to permit the installation of bicycle lanes, and to Held Over provide a location for a City entrance sign. Councilwoman Smallwood requested additional time to visually study the proposal, and made a motion, seconded by Councilman McFarland, and carried, that this item be held to the meeting of April 5, 1976. Marking of On motion by Councilman Hammett, seconded by Council - Hazardous woman Hertzog, Resolution 76-45, being A RESOLUTION Utility Lines OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, REQUESTING.LEGISLATION WHICH WOULD REQUIRE Resolution 76-45 UTILITY COMPANIES TO MARK POWER LINES THAT COULD BE HAZARDOUS TO AIR TRAVEL, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ZE-76-18 The Director of Planning presented an application for Hosfiel Zone Exception ZE-76-18, Keith Hosfiel, 1000 Cliff Drive, Newport Beach, to allow construction of five apartment units in addition to three existing units (one unit per 2,412 square feet of land), to meet CP standards and to allow an encroachment of an existing duplex into the side yard on Westminster Avenue, in an R3 -CP zone located at 241-245 16th Place. 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. Council- woman Smallwood suggested that demolition of the existing units and rebuilding of same along with the rest'of the project would perhaps be a better use of the property. After discussion, on motion by Councilman Hammett, seconded by Councilman McFarland, and carried, Councilwoman Smallwood 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. 201 ZE-76-21 The Director of Planning presented an application for Shatsky Zone Exception ZE-76-21, Michael Shatsky, 4540 Campus Drive, Newport Beach, for a variance from sign code Denied to allow an off -premise identification sign advertis- ing the Mesa Verde Villas apartment complex, in a Cl -CP zone located at 1641 Adams Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Walter Gayner, 1555 Mesa Verde Drive East, Costa Mesa, representing theapplicant, was present and explained the -need for a sign to compete with a nearby apartment complex. Ann Mound, 3128 Country Club Drive, Costa Mesa, and Maureen DiDomenico, 1941 Coronado Drive, Costa Mesa, spoke in opposition to" the request. Concern was expressed that an excep- tion of this type would suggest an amendment to the sign code. After discussion, on motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the request was denied. ZE-76-23 The Director of Planning presented an application for Richards Zone Exception ZE-76-23, Carroll R. Richards, 2961 Bimini Place, Costa Mesa, for a variance to allow a spa to encroach three feet into the required five- foot side yard setback, in an Rl zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval. No communications have been received. On motion by Councilman Hammett, seconded.. by Councilwoman Hertzog, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the applica- tion approved as recommended by the Planning Commission. ZE-76-24 The Director of Planning presented an application for Robinson Zone Exception ZE-76-24, Kenneth Robinson, 2525 Ocean Boulevard, F3, Corona del Mar, for a variance from code to allow a ten percent density deviation in the construction of a four -unit apartment project, in an R3 -CP zone located at 1912 WallaceAvenue. 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. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, the Exempt Declara- tion 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-76-25 The Director of Planning presented,an application for Newell Zone Exception ZE-76-25, Ronald Newell, 413 Belvue Lane, Balboa, for a Conditional Use Permit for restoration and maintenance of electrical, mechanical, and fuel injection systems of automobiles, in an MG zone located at 1599 Superior Avenue, Al. 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. On motion by Councilwoman Hertzog, seconded by Councilwoman Smallwood, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements -of the law, and the appli- cation approved subject to conditions as recommended by the Planning Commission. 1 1 ZE-76-27 The Director of Planning presented an application for Tadic Zone Exception ZE-76-27, Simo Tadic, 347 West Wilson Street, Unit A, Costa Mesa, for a Conditional Use Permit to conduct a wood carving studio as a Home Occupation, using one room of the residence for a studio, and a portion of the garage for some related work, in an R3 -CP zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval for two years. No communications have been received. The applicant was present and answered questions from the Council. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved for two years as recommended by the Planning Commission. Oral Tom Nelson, 283 Lilac Lane, Costa Mesa, expressed his Communications concern for caution by the Council in promoting ideas which may or may notbe in the interest of the citi- zens of Costa Mesa. Don Canning, 2004 Federal Avenue, Costa Mesa, com- plained of excessive noise emanating from Plastech Alloying Company located at 1981 Placentia Avenue, and requested assistance from the Council in correct- ing this condition. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, Council- man Hammett abstaining, the City Manager was requested to direct the Zoning Inspector to conduct an investiga- tion into this matter. Darrilyn Oliver announced that a meeting will be held at the Orange County Fairgrounds on March 20, 1976, at 7:30 p.m., concerning their proposed Master Plan. Councilmanic Councilwoman Hertzog requested the City Manager to Comments conduct a feasibility study to consider the possi- bility of consolidating the Costa Mesa County Water District with the City of Costa Mesa. Adjournment On motion by Councilman Hammett, seconded by Council - to Executive man McFarland, and carried, the meeting adjourned to Session an Executive Session at 9:15 p.m., and the meeting reconvened at 10:15 p.m. On motion by Mayor Raciti, seconded by Councilman McFarland, and carried, the Council requested all Planning Commissioners and Traffic Commissioners to resign their appointments and continue to serve until such time as new appoint- ments, or reappointments, are made. The Council will accept applications of those interested in serving on either commission up through March 26, 1976. Shortly after that time, the new appointments or reappoint- ments will be made. Adjournment The Mayor adjourned the meeting at 10:20 p.m. ayor of thityfdf Costa Mesa ATTEST: Ci y Clerk of the City of Cost esa