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HomeMy WebLinkAbout03/06/1978 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF'COSTA MESA March 6, 1978 The City Council of the City of Costa Mesa met in regu- lar session at 6:30 p.m., March 6, 1978, in the Council Chambers of City Hall, 77. Fair Drive, Costa Mesa, Cali- fornia. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, led by Girl Scout Troop 1415 of Costa Mesa, and Invocation by Mr. Syd Friestad, Harbor Assembly of God Church. Roll Call Council Members Present: Hertzog, Raciti, McFarland, Smallwood Council Members Absent: Hammett Officials Present: City Manager, City Attorney, Director of Planning, Direc- tor of Public Services/City Engineer, Personnel Director, Traffic Engineer, City Clerk Minutes On motion by Councilman McFarland, seconded by Council - February 21 and man Raciti, the minutes of the regular meeting of 27, 1978 February 21, 1978, and the adjourned regular meeting of February 27, 1978, were approved as distributed and posted as there were no corrections. Proclamation On motion by Councilwoman Smallwood, seconded by Coun- Girl Scout Week cilman McFarland., and carried, a Proclamation declaring the week of March 12 through'18, 1978, as Girl Scout Week in the City of Costa Mesa, was approved. The Mayor presented the Proclamation to the Girl Scouts in attendance. Ordinances On motion by Councilman McFarland, seconded by Council- woman Smallwood, and carried, all ordinances will be read by title only. CONSENT CALENDAR. On: motion by Councilwoman Smallwood, seconded by Councilman McFarland, the Consent Calendar items were approved in one motion, by the following roll call vote: AYES: Council Members: 'Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Per Diem Wages On motion by Councilwoman Smallwood, seconded by Coun- cilman McFarland, Resolution 78-29, being A RESOLUTION Resolution 78-29 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, SPECIFYING THE PREVAILING RATE OF PER DIEM WAGES, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Claims The following claims were received by the City Clerk and no action is required: Martha M. .Dean; Bernard Brylla; Sidney Lester Soffer; Dana J. Zimbel; Shu -Chen Whitworth on behalf of the Mariner Motel; and Attorney Arnold G. York on behalf of Gerard and Ari Beaudry. Use Of Vacant A letter from.Chet.H. Beaver., 1612 Coriander Lots for Gardens Drive, Costa Mesa, asking -that citizens be per- mitted.to use City -owned vacant lots for gardens. Sundesert Nuclear A resolution from the City of Anaheim urging Plant support of the construction of the Sundesert Nuclear Plant. Inter -County Airport A resolution from the City.,of Anaheim requesting Authority the Orange County League of Cities to oppose the airport planning efforts of the Inter -County Airport Authority. Orange -County A resolution from the City of San Clemente re - Traffic Study questing the County of Orange to act as lead agency ina County traffic study. Similar Resolution No. 78-13 was adopted by Council on January 16, 1978. Greenbelt Plan A letter from the City of Newport Beach endorsing and requesting support for the Santa Ana River/ Santiago Creek Greenbelt Plan. The Council adopted Resolution No. 77-13 on January 18, 1977, endorsing said plan. Alcoholic Beverage Alcoholic Beverage License applications for which Licenses parking has`been approved by Planning, from: Nicola and Mary E. DiPietro, doing business as Pizza Doro No. 2, 1145 -Baker Street; Michael R. Way, doing business at 686 West 19th Street; Pan - tel and Diane Zachou, doing business at 1516 Baker Street; The Southland Corporation, doing business as 7 -Eleven Food Store No. 2113-13822, End - 1515 Gisler Street; and Alfred, -Jack, and Kelly Reading Folder Lau, doing business: at 1170 -Baker Street. Business Permits A request from Gemini Originals, 839, Lawrence Drive, Newbury Park, to hold a one -day art sale at South Coast Gemini Originals Plaza Hotel, February 19, 1978, was ratified. Bush A request from.,Walt Bush,.10 Queens -Wreath, Irvine, to hold a one -day boutique sale at the Orange County Fair- grounds, February. 28, 1978, was ratified. Roach A request from Gerald Roach, McDuck.Corporation, for an entertainment permit at the Cuckoo's Nest, 1714 Placen- tia Avenue, was approved subject to one condition of the Finance Department. Set for Public Final Development Plan in connection with Zone Excep- Hearing tion ZE-78-34, McLain Development Company, as authorized. agent for C. J. Segerstrom and Sons, 3315 Final Development, Fairview Road,. Costa Mesa,. -for 189 single-family Plan homes with.variances from permitted building coverage McLain/Segerstrom and required open space, located at `the southeast corner of Sunflower Avenue and Fairview Road, in a PDR -LD and PDR -MD zone, was,set for public hearing on March 20, 1978, at 6:30 p.m., in the Council Chambers of City Hall. Environmental Determination: Environ- mental Impact Report accepted by Council. November 15, 1976. Agreement - An agreement with.Willdan.Associates,.'for engineering Willdan Associates and planning services for -the realignment study of 18th Street across'Newport Boulevard.,,was approved Realignment Study for an amount-not_to exceed.$16,050.00, and the Mayor of 18th Street and C1erk:were authorized to sign on behalf of the City, by the following roll call vote: 1 1 AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council'Members: Hammett Council Policy On motion by Councilwoman Smallwood, seconded by No. 100-2 Councilman McFarland, Council Policy No. 100-2, .Recreation providing.limited authority -to the.City Manager and Excursion Funds Finance Director to disperse previously collected recreation excursion funds, was approved by the fol- lowing roll call vote: AYES: Council Members:. Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Conference A Conference Advance for a Police Lieutenant to Advance attend the conference entitled, "The Planning Process", in Kelseyville, California, March 26 to 31, 1978, in the amount of $310.00, was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Addendum An addendum to the agreement with Tallmantz Aviation, Agreement - Incorporated, for the maintenance of Police helicop- Tallmantz Aviation ters, was -presented. The addendum provides for an increase in the hourly rate of services rendered from Helicopter .$27.90 to $30.60. On motion by Councilwoman Small - Services wood, seconded by Councilman McFarland, the addendum was approved, and the Mayor and Clerk authorized to sign on behalf of the.City, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood -NOES: Council Members: None ABSENT: Council Members: Hammett Notice of The rough grading and.parking lot development at Completion TeWinkle Hill -Park site has been completed by Aldo's Parking Lot Landscaping Company, 1344 Temple Avenue, Long Beach, Development at to the satisfaction of the Director of Leisure Ser- TeWinkle Park vices. On motion by Councilwoman Smallwood, seconded by -Councilman McFarland, 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 fol- lowing roll call vote: AYES: Council Members.: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett R-78-04 On motion by Councilman Raciti, seconded by Council- Abdalian/Stuart man McFarland, Ordinance 78-17, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 78-17- CHANGING THE ZONING OF A -PORTION OF LOT 68, NEWPORT Adopted HEIGHTS TRACT, FROM R1 TO R2, was given second read- ing and adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council -Members: None ABSENT: Council Members: Hammett Prohibition.of The -Clerk presented from the meeting of February 21, 'Parking on 1978, a Traffic Commission recommendation for pro - Victoria Street hibition of parking on Victoria Street from Canyon Resolution 78-30 Drive to the westerly City.limits. At the previous meeting, Francis Cheatham, owner -of property at 1102 and 1104 Victoria Street,.and Cameron Hills, Manager of the apartments at 1110' Victoria'Street, expressed concern over the lack of-available.parking if the on - street parking is•eliminated. The:Planning Director reported that.the parking availability has been investigated'.at these properties and it was found that the .parking standards -in effect'at the time of development, were met for each location. Councilman McFarland expressed the opinion that.perhaps some of the garages are not being'utilized for the intended purpose, and suggested, as a possible remedy to the parking problem,.that-the units be rented to tenants owning fewer vehicles. Mr. Cheatham -'and Ms. Hills were present to restate their objections. After further discussion, on motion by Councilman McFarland, seconded by Councilman Raciti; the.Traffic Commission recommendation wasJapp.roved, and Resolution 78-30, be- ing A RESOLUTION -OF THE CITY COUNCIL..OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON POR- TIONS OF VICTORIA -STREET, was adopted by the following roll call vote: AYES: -Council.Members: Hertzog, Raciti, . McFarland, Smallwood NOES: Council Members: None ABSENT.: Council Members: Hammett Estancia The Clerk presented from the meeting of February 21, Wrestling Club 1978,-a request from.Jim.Warren and Dave Lorenzo, representing.the.Estancia Wrestling'Club, for funds to help:finance a trip to Japan to compete in the National A.A.U. Championship. Ed Lowery, Team Manager, and.Dave.Lorenzo,-Team.Member, were.present in support of the request. Mr. Lorenzo stated that $7,930.00 had been collected toward the trip expenses which total $13,919.00. The City Attorney has investigated the liability aspects of this matter, should the City be- come a contributor, and in.his opinion feels that since the'City has no involvement in the day-to-day arrangements of.the program, they -would not be con- -sidered a sponsor. After -further -.discussion, on motion by Councilwoman Smallwood, seconded by Mayor Hertzog, the.Council approved a contribution of $3,000.00 from.the Promotional and.Advertising Fund with the stipulation that -.this donation should not set a precedent for -future -requests of this type, by the -following roll call .vote: AYES':Council.Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council:Members: None ABSENT: Council.Members: Hammett Trailer Permit The Clerk presented from the meeting of February 21, Universal Auto 1978, a request from Henry Bell, Universal Auto Sales, Sales 2026 Harbor Boulevard, Costa Mesa,.for extension of a trailer permit at that address. The applicant was not Denied in attendance. The Planning Director, reported that the applicant and his contractor had requested a con- tinuance to the next meeting in order. that a feasi- bility.study.might be conducted -on the property for some other use. Mr. Bell,and.his contractor were advised of the .Council's direction that no further continuances be -granted and of their intention to take action on the matter at this meeting. After a brief discussion, on motion by Councilman McFarland, sec- onded by Councilman Raciti,.and.carried, the permit was denied. Resignation of The Clerk presented a letter from Hank Hornsveld, Hank Hornsveld resigning his position as the City's representative 1 1 Ii 1 to the Orange County Vec.tor..Control District. Mayor `Hertzog accepted the resignation and indicated that a new appointment would be"made at- a later date. On motion by Councilman Raciti, seconded by Councilman Resolution 78-31 McFarland, Resolution 78-31, being.A RESOLUTION OF THE CITY`COUNCIL OF THE CITY OF COSTA MESA, CALI- COMMENDING HANK'HORNSVELD"UPON HIS.RESIGNATION AS THE CITY'S REPRESENTATIVE TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT, was adopted by the following roll call vote: AYES: Council -Members:" Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Warrant On motion by Councilwoman Smallwood, seconded by Resolution 1026 Councilman McFarland, Warrant Resolution 1026, includ- ing Payroll 7804, was approved by the following roll call vote: AYES: Council.Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Warrant Resolution 1027 "Motorcycle Races - at the Orange County Fairgrounds On motion by Councilman McFarland, seconded by Council- woman Smallwood, Warrant Resolution 1027 was approved by"the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett The City Attorney presented his request for an Execu- tive -Session concerning the proposed litigation with regard to the motorcycle races at the Orange County Fairgrounds. The City Attorney indicated that certain factors have come to light which may have some influ- ence on the Council's consideration of this matter. Representatives of the Orange County Fair Board, as well as Harry Oxley, the promoter of this event, were present and were invited to address the Council. Attorney Bruce Bogaard, representing Harry Oxley, discussed a plan to reduce the noise levels which in- cludes the installation of special muffling equipment, as well as the use of a sound board. Mr. Bogaard anticipates that this equipmentwill reduce the decibel level to within the Costa Mesa Noise Ordinance requirements. In addition, Mr. Bogaard indicated that 20 low -powered speakers would be used at the lowest level of sound necessary for the -spectators to hear. Also, the motorcycles will not be started up prior to 7:30 p.m. and the races will be concluded 15 minutes earlier. In conclusion, Mr. Bogaard indicated a desire to maintain a good relationship with the City and requested approval of the test dates on March 10 and 17, 1978. Ken Fulk, General Manager of the Orange County Fair Board, discussed the new contract which has been entered into with the promoter of this event, which provides that a competent sound company will monitor the sound at"various locations and report to the Board and others interested. Further, that if in the two "test races" the promoter -cannot comply within reason to the State of California noise standards and/or applicable sound statutes, then the races will be closed down. Also included in the contract are new regulations covering parking, littering, and restrictions on the type of materials which can be taken into the stands. Mr. Fulk.concluded by stating that the Fair Board is interested in resolving this matter without the necessity of litigation. The City Attorney addressed -himself to.the statement made about "and/or- applicable -noise standards" and. stated that if the Fair Board is really concerned about recognizing the City's concerns,then-they should .not be opposed.to meeting the City's standards, and.so stating in their contract. Bruce Bogaard stated.that.the applicant has every intention of meeting the City's standard of 55 DBA -at 1,000 feet.. Councilwoman Smallwood expressed her feeling that Mr,. Oxley should have -been conduct- ing these tests last year:- Councilman McFarland said he would only. consider this request if one of the representatives of the Fair Board would give their assurance that Mr. Oxley would be required to meet the City's Noise Ordinance requirements. Clinton Hoos, President of the 32nd District Agricultural, Association, -stated that the Fair Board is making every effort to comply with the City of Costa Mesa's standard's by inserting into the contract that the pro- moter must comply with the -applicable standards. Upon request.of the City Attorney to define whether "appli- cable standards" was intended to mean the City of Costa -Mesa's -Standards, Mr. Hoos'responded that it meant the standard that.would apply in this case, be it County or City. Mr. Hoos added that they must comply to State standards, and beyond that, not know- ing which standards prevail, they felt it would be a protection to the City to use the wording "applicable standards". Mr. Hoos stated further -that if it is, determined that the City's standard prevails, then the promoter -must comply with that standard. At 7:50 p.m., there being no other .speakers, the Council re- cessed to Executive Session to discuss this item. The Council reconvened at-8:.15.p.m. On motion by Councilman McFarland,.seconded.by Councilman Raciti, and carried, Vice Mayor Hammett,absent, a Business Permit was approved for the special racing dates on March 10 and 17, 1978, with -an -alternate date of March 24, 1978,: in case -of rain, subject to'the provision that these events -are -used to establish whether the promoter can comply-with.the City's noise standards and if they do not, -then nofurther permits will be granted in accordance with the contract stip- ulation as stated by the Fair Board, but further recognizing that the -City is prepared:.to proceed with litigation if necessary. Open Space The City -.Attorney presented the next item involving Easement at the Open Space'Easement accepted -by -the City under Town Center Resolution -75-17 from the landowners, South Coast Plaza. The matter is before the .Council to -make a Held Over determination as to whether the proposed construction 'of the Prudential Building.under Zone Exception ZE- 78-04, constitutes a violation.of'the Open Space Easement.. The building plans indicate three separate areas of construction -which should be considered. They are as follows:, a turf.block-.driveway travers- ing the Easement; a portion-ofa 15 -foot strip along the northerly.edge of the -Easement.; and an under- ground-loading.dock-area and entrance from Bristol Street. During the discussion which followed, Councilman McFarland expressed his.opinion that if the property owners wish to enjoy 'the tax benefit available to them by granting an..Open.Space Easement, then they should not also expect to:encroach onto the property and still.enjoy the same benefit. It was also pointed out that no.portion.:of the Easement can be removed, the entire property must remain in tact or the Easement abandoned. Greg -Butcher, representing the property owner., C. J.-Segerstr.om and Sons, 3315 Fairview Road, Costa..Mesa, was present to answer questions from the Council. `Pau1'Raver spoke in opposition to a favorable determination with regard -to.the proposed encroachments. After further dis- cussion, a motion by Councilman Raciti, seconded by Councilwoman Smallwood, to make a finding that the turf block driveway does not violate the Open Space Easement as.granted, failed to carry,.Mayor Hertzog and Councilman McFarland voting no. Councilman McFar- land suggested that since it.appears that there would be,a split vote on.the remaining two motions, that this item be held over until a fu11 Council is in attendance for reconsideration of the previous motion, as well as the two other determinations which must be made. On this basis, a motion was made by Councilman McFarland, seconded by Mayor Hertzog, and carried, that this item be held over to the meeting of March 20', 1978. Special Warrant On motion by Councilman McFarland, seconded by Mayor Hertzog, authorization was given to draw a special Wrestling Club warrant in the amount of $3,000.00 in regard to the Estancia Wrestling Club donation, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council,Members: None ABSENT: Council Members: Hammett Councilman Councilman McFarland left the meeting briefly at this McFarland Leaves time. Y.S.P. Lease An agreement was presented between the City and Youth Services Program,:Incorporated (Y.S..P.) concerning lease of a -porti.on of the Royal Palm Fire Station at 2803Royal Palm Drive. The term of the lease will be from March 7, 1978, to September 30, 1979, with a one-year option to renew. The premises will be oc- cupied in two phases, therefore the -initial payment will be $215.00 a month, and will be increased to $465.00 a month when the premises are fully occupied on or before October 1, 1978. On -motion by Council- woman Smallwood, seconded by Councilman Raciti, the lease agreement,was approved, and.the Mayor and Clerk authorized to sign on behalf of the City, by the fol- lowing roll call.vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES.: Council.Members: None ABSENT: Council Members: McFarland, Hammett Councilman . Councilman. McFarland returned to the meeting at this McFarland Returns time. Family Housing The City Manager presented,a request from the Housing Program and Community Development Committee to contact vari- 'ous State, County, and school district agencies to determine whether any of their property within the Costa Mesa area might be -utilized for the Family Housing Program. The City Manager recommended that if approved this project be carried out by the HCD staff, as the Planning staff does not have the avail- able -time for this study. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, and. carried, Councilman McFarland voting no, the request was approved as recommended by the City Manager. City Employees' The City Manager presented a proposed resolution Retirement Plan approving"a contract between the Board of Adminis- tration of the Public Employees' Retirement System .(Action Concerning and the City Council of the City of Costa Mesa. The Option.IV Rescinded City Manager had previously presented the Council at.the Meeting of :with four options to consider as alternate methods April 17, 1978) for upgrading the City's Retirement Plan. They are as follows: Option 1, keep the City's present plan Resolution 78-32 .and.amend.it-to;reflect.the same benefits as PERS; Option 2, keep the�City's plan for non -safety past service credit and PERS for future non -safety ser- vice only; Option 3, enter PERS for.both past and future non -safety service and refund employee contributions - keeping non-safety,City contributed assets for safety members and current retireds; Option 4, enter PERS for non -safety employees paying for future service only. Transfer City non -safety assets and.non-safety employee contributions to PERS to pay'for past service liability for all non -safety employees. During the discussion, the Personnel Director came forward to answer questions from the Council. Councilman.McFarland-expressed his support of Option 4 because the cost savings to the City are greater. Councilwoman Smallwood agreed with Council- man McFarland for the same reason. Mayor Hertzog was not in favor of Option 4 because, -:.under this option, employees who have not been in the City's plan to date would receive the same..benefit upon entering PERS as employees who have been in the Retirement Plan for the length of their service. Councilman Raciti ex- pressed his support of Option 3. It was brought out that whichever option is recommended, the employees will have an .opportunity to cast their vote either approving or disapproving the recommendation. After further discussion, on motion by Councilwoman Small- wood, seconded by Councilman -McFarland, Option 4 was recommended, and Resolution 78-32, being A RESOLUTION OF THE CITY COUNCIL OF=THE CITY OF -COSTA MESA, CALI- FORNIA, TO.APPROVE.A CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY. OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: -Council-Members: Hammett Public Services At this time, the City Manager commended Jim Eldridge, Director Director of Public Services, for his years of service Commended t.ho the'City of Costa Mesa and wished.,him well in his future endeavors. Mr. Eldridge is resigning from his post on March 10, 1978, to pursue another career oppor- tunity. Public -Hearing The Clerk announced that this.was the time and place R-78-07 set for the public hearing for Rezone Petition R-78-07, Costa Mesa Planning Commission, for permission to rezone property located at 600'Victoria Street, from M1 to R2. Environmental Determination: Negative Declara- tion. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Carlos Young, 918 Senate Street, Vice President of Mesa West Homeowners Association, was present in opposition to the request. Mr. Young expressed his opinion that more open space is needed on the West Side and feels the proposed density is too high considering the existing development in the,area, and felt that the -Council..should consider open space°.and.Rl development for the property. Councilwoman Smallwood expressed her opinion that the park needs of the City have been ade- quately addressed and feels that the schools serve very well in providing.open space. Councilman McFarland expressed agreement with -Councilwoman Smallwood and sup.por.ted'the Planning Comm'ission's- .recommendation for approval. of R2.. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilman Raciti-, seconded by -Mayor Hertzog, the R2 zoning request -was denied, the Negative Declara- 1 1 1 tion of Environmental Impact.was.adop.ted, and Ordinance Ordinance 78-18_ 78-18, being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY'OF COSTA MESA, CALIFORNIA,,CHANGING THE ZONING OF A PORTION OF LOT 36 OF FAIRVIEW FARMS, FROM M1 TO Rl, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: McFarland ABSENT: Council Members: Hammett Councilwoman Councilwoman Smallwood left the meeting briefly at Smallwood Leaves this time. Public Hearing The Clerk announced that this was.the time and place R-78-08 set for the public hearing for`Rezone Petition R-78- 08, Costa Mesa Planning Commission, for permission to rezone property located at 360 West Wilson Street, from R2 to I and R. Environmental Determination: 'Negative Declaration for General Plan Amendment GP - 77 -3I, adopted by Council on ,February 6, 1978. 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 hear- 'ing. On motion by Councilman McFarland, seconded Ordinance 78-19 by Councilman Raciti, Ordinance 78-19, being AN ORDI- First Reading NANCE OF THE CITY COUNCIL OF -THE CITY OF COSTA MESA, CALIFORNIA, CHANGING -THE ZONING OF A PORTION OF LOT 1, TRACT NO.. 9, FROM R2 TO I AND R, was given first read- ing -and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood, Hammett Councilwoman Councilwoman Smallwood returned to the meeting during Smallwood Returns the next hearing. Appeal Hearing The Clerk announced that this was -the time and place ZE-78-15 set -for the appeal hearing of Zone Exception ZE-78-15, Waller/Jedinak John Waller, as authorized agent for P. M. Jedinak, 2544 Newport Boulevard, Costa Mesa, for permission to Denied amend the Harbor Center Master Plan by the addition of an eight -foot by six-foot photo booth, located at 2300 Harbor Boulevard, in a Cl -S zone. Environmental Determination: Exempt. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office. The Planning Commission denied this permit on January 23, 1978, based on the finding that the selected loca- tion for the proposed facility would cause congestion to parking and provide more visual clutter in the shopping center. Thomas Hood, 9126 Edinger Street, Fountain Valley, was present representing the appli- cant, and addressed the concern of traffic congestion stating that this,type of activity does not generate a high traffic flow and the stops made by the motor- ists are of very short duration. Mr. Hood also stated that -the location was selected because of the visibil- ity needed for the booth and there was no other feasible site. During the discussion which followed, the Council expressed the concern that these types of businesses do not enhance the appearance of the shop- ping center but rather cause a cluttered image. There being no other speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Planning Commission's denial of the application was upheld. Request.to The Clerk presented•a request from,,,John B. Flanagan, Appeal - S-78-06 representing HarboriLawn`Memorial Park, 1625 Gisler Harbor Lawn Avenue," Costa'Mesa", to appeal the drainage fee Memorial Park requirements in connection with Tentative Parcel Map S=78-06. On motion by Councilman Raciti, seconded by Hearing Set Councilwoman Smallwood, and.•carried, the request was granted and the hearing date set for April 3, 1978, at 6:30 p.m., in the Council Chambers of City Hall. Councilman Councilman McFarland left the meeting briefly at McFarland Leaves.:. -this time. Request to The Clerk presented a request from Huntington Capital Appeal - 5-78-04 Corporation, 16168 Beach Boulevard, Huntington Beach, Huntington Capital to appeal the Planning Commission's denial of Tenta- tive Parcel Map. 5-78-04;, for property located at 1503 Hearing Set South Coast Drive.. On motion by Councilman Raciti, seconded by CouncilwomanSmallwood, and carried, Councilman McFarland absent, the request was granted and the hearing date set for March 20, 1978, at 6:30 p.m., in the Council Chambers of City Hall. Sunshine Soccer On motion by Councilman Raciti, seconded by Council - Club. woman Smallwood, Resolution 78-28, being A RESOLUTION OF THE CITY COUNCIL OF THE 'CITY OF COSTA MESA, CALI"- Resolution 78-28 'FORNIA, WELCOMING"-THE'CALIFORNIA SUNSHINE SOCCER CLUB, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: McFarland, Hammett Councilman Councilman McFarland returned to the meeting at this McFarland Returns time. Deannexation of The Clerk presented the proposed deannexation of Tentative Tract Tentative Tract -9291 -from the City of Costa Mesa, and 9291 annexation to the City of Newport Beach. The Planning Department, after considering recommendations from other City departments, recommended that the proposed transfer of the subject property be permitted. After discussion, on motion-by-Council-man-Raciti, seconded by Councilman McFarland, -,and carried, the Council expressed no opposition to the proposed deannexation. Request to- The Clerk presented a request from Theodore E. Appeal - ZE-78-30 Rischard; 18901 East Dodge Avenue,..Santa Ana, to Rischard appeal the Planning'Commission's decision regarding Condition No 1c of Zone Exception ZE-78-30. On Hearing Set motion by Councilman Raciti, seconded.by Councilwoman Smallwood, and carried, the request was approved and the hearing date set for -'March 20, 1978. Oral Howard-Heithoff, 2814 Loreto Street; Costa Mesa, asked Communications questions about`the test races which were approved earlier in the meeting. After discussion, the City Motorcycles Races Manager suggested that Mr-. Heithoffsubmit the types of conditions that the homeowners association would like to see on any -further permits -that -may be granted. Councilmanic Councilman McFarland explained his'."no" vote earlier Comments im the meeting on the Housing and Community Develop- ment item, stating that he is opposed to I and R property -being rezoned to,Rl'. Councilman McFarland expressed his thanks to the City'Manager,`Personnel Director, and Finance Director. for their considerable work in presenting information and evaluations on the Public Employees' Retirement System.. Lastly, Coun- Request to man McFarland--requested-a review of Zone Exception Review - ZE-78-37 ZE-78-37, for a sign variance at South Coast Plaza, 1 because he feels that a planned signing program should Hearing Set be presented for consideration before any sign vari- ances are considered. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the review hearing was set for March 20, 1978, at 6:30 p.m., in the Council Chambers of City Hall. Councilman Raciti expressed.his.concern with regard to literature mailed to the voters concerning the Initiative Measure which indicated his support of the City Council's position urging a "no" vote on the Initiative. Councilman Raciti has previously ex- pressed his support of a "yes" vote on the Initiative. Councilman Raciti expressed his opinion that distribu- tion of this literature is not only misleading but represents.very poor tactics on.the part of the opponents to the measure. Adjournment At 11:15 p.m., the Mayor adjourned the meeting to 7:30 p.m., in the Council Chambers of City Hall on March 14, 1978. or of the City of 'Co a ATTEST: �p City Clerk of the City of Co a Mesa