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HomeMy WebLinkAbout04/03/1978 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 3, 1978 The City Council of the City of Costa Mesa met in regular session on April 3, 1978, at 6:30.p.m., 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,Alle- giance to the Flag, and Invocation by the Reverend Conrad Nordquist, St. John the Divine Episcopal Church. Roll Call Council Members Present: McFarland, Smallwood, Raciti, Hertzog, Schafer Council MembersAbsent: None Officials Present: City Manager, City Attorney, Advance Planning Chief, Director of Public Services, City Clerk Presentation Hank.Panian introduced his guests, Mr. and Mrs. Tom Egan from Rutland, Vermont, our Bicentennial Sister City. Mr. Egan was responsible for the placement of our City's history, A Slice of Orange, in the Rutland; Public Library, and he also arranged a Bicentennial program that engaged both Rutland and Costa Mesa as participants. Mr. Egan made presentations to the local press as well as the Costa Mesa Historical Society and the City Council, including such items of interest as. the Rutland Herald Newspaper's Bicen- tennial issue, the Green Mountain Boy Flag, and a copy of the City of Rutland's Annual Report. Mayor McFarland presented to Mr. Egan a key to the City of Costa Mesa and a copy of "A Slice of Orange". Minutes On motion by Councilman Raciti, seconded by Council - March 16 and woman Hertzog, and carried, .the minutes of the 20, 1978 adjourned regular meeting of March'16, 1978, and the regular meeting of March 20, 1978, were approved as distributed and posted as there were no corrections. Ordinances On motion by Vice Mayor Smallwood, seconded by Coun- cilwoman Hertzog, and carried, all ordinances will be read by title only. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 2, a fund solicitation re- quest from American National Volleyball Association. On motion by Vice Mayor Smallwood, seconded by Coun- cilwoman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer None None Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Claims The following claims have been received by the City Clerk and no action is required: Eleanor G. Geddes; Michael C. Moran; State Farm Insur- ance on behalf of John F. Pope. Local Agency- Two notices.of Determination without notice or Formation hearing. -from the Local Agency Formation -Commis - Commission sion, on proposed annexations to the Costa Mesa Sanitary District, designated Engineer's No. The following item was set for public hearing on 174 and Engineer's No. 178, to be held on April 17, 1978, at 6:30 p.m., in the Council.Chambers April 12, 1978, at 2:00 p.m., at 515 North ZE-78-25 Sycamore Street, Santa Ana. Wonacott/ Control of A resolution from the City of Westminster, Panama Canal reciting the results of a recent election relating to the United:States.retaining con- height limitation (three stories proposed), and to trol of the Panama Canal. deviate from.the requirement to preserve natural Protection of A letter from The Fund -for Animals, Incorpor- Rodeo Animals ated, 3925' Sacramento Street, San Francisco, opposing the use of pain inflicting devices in rodeos. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been.approved by Planning.: Licenses Ella and Richard Corbit, doing business at 1011 El Camino .Drive; Glenn -R. Love, doing business at 752 St. Clair Street; and Peggy L. Strieby, End - doing business as Sea Breeze, 541 West 19th Reading Folder Street. Business Permits A request from John F. Lessard, WestCoast Promotions, Post Office -Box 772, Azusa, to hold a two=day collec- West Coast torama show at the;Orange'County Fairgrounds on April Promotions 1 and 2, 1978, was ratified'. Pet Faire A request from Geraldine Camillini, Pet Faire, Incor- porated, 1280 The Alameda, San Jose, to conduct a two-day pet fair at the Orange County Fairgrounds on April 22 and 23, 1978, was approved subject.to the conditions.of the Finance.Department. Permits A request from the Costa.:Mesa-Newport Harbor Lions Club, Incorporated, Post Office Box 628, Costa Mesa., Lions Club to reserve Lions Park for the 33rd Annual Fish Fry, from May 29 through June 5, 1978,.was approved subject to conditions of the Leisure Services Department. Exchange Club A request from the Exchange Club of Newport Harbor; Post Office Box 1022; Newport Beach, to use Lions Park for a pancake breakfast on June 11, 1978, from 7:00.a.m. to.1:00.p:m., was approved subject to con- ditions -of the Leisure Services Department. Set for Public The following item was set for public hearing on Hearing April 17, 1978, at 6:30 p.m., in the Council.Chambers of City Hall: Zone Exception ZE-78=25, William Wona- ZE-78-25 cott, as authorized agent for.Richard N. Salmonson, Wonacott/ Post Office Box 1314, Newport Beach, for a Condition- Salmonson al Use Permit to construct'an 18 -unit condominium with variances from:requir.ed parking (location, num- ber, and -type of spaces)., to exceed the two-story height limitation (three stories proposed), and to deviate from.the requirement to preserve natural features (bluff line), located at 2157 Pacific Ave- nue, in an R2 -CP zone. Environmental Determination: Environmental Impact.Report accepted by Council on November 19, 1974. Claim - Zimbel On motion by Vice Mayor Smallwood, seconded by Coun- Denied cilwoman Hertzog, and carried,. the claim of Dana June Zimbel was denied. Claim - Beaudry On motion by Vice Mayor Smallwood, seconded by Council - Denied woman Hertzog; and carried, the claim of Attorney Arnold G. York, on behalf of Gerard and Ari Beaudry, was denied. i 1 1 1 1 Stop -Sign on The Traffic Commission recommended the installation St.' Clair of a stop sign on -St. Clair.Street at Bear Street.in Street conjunction with the anticipated opening of the Bear Street extension. On motion by Vice Mayor Smallwood, Resolution 78-38 seconded by Councilwoman Hertzog, Resolution 78-38, Widening - being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Parcel 8 COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A STOP SIGN ON ST. CLAIR STREET AT BEAR STREET, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council -Members: None ABSENT: Council -Members: None Agreement - An agreement with CALTRANS for signal modifications CALTRANS on Newport Boulevard, from.Industrial Way to Harbor. Boulevard, Program Supplement No. 2, was presented. Signal Modifi- This supplement defines the City's share of the costs cations on in the amount of $2,209.00, based on Federal Aid Newport Boulevard Urban (FAU) participation. On motion by Vice Mayor Smallwood, seconded by Councilwoman Hertzog, .the supplement -was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council -Members: None ABSENT: Council Members: None Portion of 'Fire On motion by Vice.Mayor Smallwood,seconded by Coun- Station No. 2 cilwoman Hertzog, Resolution 78-39, being A RESOLUTION Declared a OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Public Street FORNIA, DECLARING A PORTION OF FIRE STATION NO. 2 TO BE A PUBLIC STREET; AUTHORIZING THE RECORDING OF SAID Resolution 78-39 RESOLUTION AND DECLARING REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: -Council Members:. None ABSENT: Council Members: None Agreement - An agreement with G. K. and G. Investment.Corporation G. K. and G. for the acquisition of 3,000 square feet of land, Investment Parcel 8, for the Superior Avenue widening project, was presented. The agreement stipulates the payment Superior Avenue of $14,500.00 for the property -and for escrow to Widening - terminate as soon as possible. On motion by Vice Parcel 8 Mayor Smallwood, seconded by Councilwoman Hertzog,' the 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: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Final Map for On motion by Vice,Mayor Smallwood,,seconded by Coun- Tract 10184 cilwoman Hertzog,.Final-Map for Tract 10184, Peter - Nourse W. Nourse, 901 Dover Drive, Suite 110, Newport Beach, developer; l.lot, 0.46 acre, located at 2518 Elden Avenue, for condominium purposes, was approved, and the .Council did also approve said map pursuant to the provisions of'Section 66436 (c)(1) of the Sub- division Map Act, and the Clerk was authorized to sign said document on behalf of the City, by the fol- lowing roll call vote: fA-ems AL Cf P AYES:- Council Members:. McFarland, Smallwood, Raciti, Hertzog,: Schafer NOES: Co"uncil,_Members: None ABSENT: Council Members: None Agreement - A Cooperative Financing Agreement, D-78-004, between Flood Control the City of Costa Mesa, the Orange County.Flood Con- District/City trol District, and the City.of Santa Ana, for the of Santa Ana Hyland Avenue Storm Drain, was presented. The cost to the City of Costa Mesa under this agreement, Hyland Avenue shall be 25 percent of the total contract cost esti- Storm Drain mated at $1.,200,000.00: On motion by Vice Mayor Smallwood, seconded by Councilwoman Hertzog, the 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'.: McFarland, Smallwood, Raciti, Hertzog, Schafer .NOES: Council Members:: None ABSENT: Council.Members,: None Notice of 'The development.of Bear Street Park, known as Shiffer Completion Park, has-been 'completed by Moulder Brothers, 511 ShifferPark Western Avenue, Glendale,.to the satisfaction of the Director of Leisure Services. On motion by Vice Mayor Smallwood, 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 Com- pletion'has been filed, by the following roll call' vote: AYES: Council Members': McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members:, None ABSENT: Council Members.: None Bid Item 384 Bids received for Bid Item 384, labor.and equipment Weed Abatement to abate the weeds and rubbish on selected vacant lots within the City.of Costa Mesa, are on file in Awarded the Clerk's office. On motion by Vice Mayor Small - Gary's Lot wood, seconded by Councilwoman Hertzog, the bid was Cleaning -awarded to Gary's Lot Cleaning -Service, 222 East Service 220th Street, Carson., being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: -Council Members: None Business Permit Item 2 on, -the Consent Calendar, a Notice of Inten- tion to Solicit for Charitable Purpose from Richard American National Montgomery, American National Volleyball Associa- Volleyball tion, 7201 Garden Grove Boulevard, Suite G. Garden Grove, by door-to-door solicitation from March 15, 1978, to March 15, 1979, was presented. Councilman Raciti expressed his objections to allowing the ongoing practice.of door-to-door solicitation and.. requested a Study Session discussion to establish.a Council Policy to limit these activities or only permitmail solicitation. On this basis, Councilman Raciti made a motion, seconded by Councilwoman Hert- zog, to deny the request. Afterdiscussion, the motion failed"to carry, Council Members McFarland, Smallwood, Hertzog, and Schafer voting no. Tom McElpinWwas present representing the applicant and discussed the Association's activities and methods of solicitation. After further discussion.,.on motion by Vice Mayor Smallwood,'seconded by Councilwoman Schafer, and carried, the permit was approved for 90 days, with application of Section 9-224 of the Costa Mesa Municipal Code, and with the understanding that this subject will be set for Study Session discussion. R-77-53 On motion by Vice Mayor Smallwood, seconded by Council- woman Schafer, Ordinance 78-20, being AN ORDINANCE OF Ordinance 78-20 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF A PORTION OF'LOT 2, BLOCK C, BERRY..TRACT, FROM C1 -CP AND Al TO R1 AND I AND R, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Trailer Permits The Clerk presented from the meeting of March 20., 1978, a proposedordinance for. the processing of Trailer Per- mits. At the previous meeting, the procedure for processing Trailer Permits was presented for approval as a Council Policy. The City attorney has now sug- ` gested.that the procedure be adopted by ordinance on the basis that the Municipal Code provisions hereto= fore have required'a permit.from the City Council and therefore any amendment.to the ordinance should be .done by another ordinance. After discussion, on motion by Councilman Raciti, seconded by Councilwoman Hertzog, Ordinance 78-21 Ordinance 78-21, being AN ORDINANCE.OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA MESA AMENDING SECTION"17-6 OF THE COSTA MESA MUNICIPAL CODE CONCERNING THE STANDARDS AND PROCEDURES FOR SECURING PERMITS FOR TRAILERS, EXCLUDING TRAILER PARKS, wasgiven first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members,: None ABSENT: Council Members: None Silver Anniversary The Clerk presented a request from.Don Bull, Chairman Committee - of the Silver Anniversary Committee, for support and Project Funding funding in the amount of $9,500.00 for two projects to commemorate the City's Silver Anniversary, namely, a Fourth of July show at Orange Coast College, and an Oral History of Costa Mesa. Mr. Bull.was present and described the planned activities stating that an in- come of $6,000.00 is anticipated from the Fourth of July show which will be turned over to the City. After discussion, on motion by Councilwoman Hertzog, seconded by Councilwoman Schafer, funding for the Fourth of July show at Orange Coast College, in the amount of $7,500.00, was approved from the Promotional and Advertising Account, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: _None ABSENT: Council Members: None Mr. Bull described the Oral History Project which will provide tape recorded interviews with local citizens relating to the City's history. 'Vice Mayor Smallwood expressed her enthusiasm for the Oral History Project and made a motion, seconded by Councilwoman Schafer, approving funding in the amount of $2,000.00 from the .a Motorcyle Racing at Fairgrounds - Oxley Promotional and Advertising Account. The motion car- ried by the following roll tall vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None John Bailey, 933 Darrell Street, expressed his opposi- tion to funding of the aforementioned projects. The Clerk presented from,the meeting of March 6, 1978, the request of Harry Oxley, International.Speedway, for consideration of the remaining weekly motorcycle racing events at the Orange County Fairgrounds start- ing April 14, through October 14, 1978. One letter in support of the request has been received from Dale and Cathy Nichols, 209 Calle Tinaja, San Clemente. The applicant was present to answer questions from the Council. Don DeMars of Ultrasystems, Incorporated, 2400 Michelson Drive, Irvine, reported the results of noise measurements taken, at.the request of the City, during the motorcycle racing activities on March 10 and 17, 1978. The conclusion of his report was that, based on a comparison with the previous noise measure- ments taken in 1977, a significant reduction -in loud speaker or announcer noise and motorcycle noise was achieved. Doctor -John Hilliard of Hilliard and Bric ken, Consulting Accoustical Engineers, 1971 East Fourth Street, Santa Ana, who also.obtained noise measurements on the same dates, reported on his find- ings which were substantially in accordance with Mr. DeMars's. Dr. Hilliard also reported that the material used in the experimental muff.lers-d.isin- tegrated as the races progressed, thereby causing increased noise.during the second half of the races. Dr. Hilliard indicated that this will be corrected.by the use of stainless steel insulation in the future. Mr. Oxley added that in order to maintain the required noise standards, the -motorcyclists will be advised of the specific muffling system required for participa- tion in the Costa Mesa races. Councilwoman Schafer asked Dr. Hilliard if the motorcycle and PA noise would be reduced by constructing the bleachers with a solid wall in back. Dr. Hilliard responded -in the affirmative but added that this would not have an effect on the crowd noise. Elwin Brickson, noise expert for Orange County Health'Agency,.reported the results of noise measurements he collected on the two racing dates, concluding that the levels recorded in residential areas were not in violation of the County's noise standards. Howard Heithoff, 2814 Loreto Lane, Costa Mesa, pointed out two items for consideration, one that only four bikes were racing on the test dates when there are normally six bikes;. and two that the crowd capacity was considerably less than normal. Mr. Heithoff further related.to the .parking and -traffic problems on Arlington and hopes that all gates on this street will be kept closed during any future events. Mr. Heithoff also urged.the Council to attach certain conditions to any approval of the permit; and has submitted them in written form to the Council. Homer Moore, 3042 Babb Street, Costa Mesa, offered continents on the muffling systems. Dur- ing the discussion which followed, Councilwoman Schafer offered the following conditions. as terms for granting the permit: (1) The public addresssystem shall be set up in the same manner as in the two test racing dates to mitigate the sound; (2) The mufflers on the motorcycles at the races shall be handled in 1 1 1 1 1 1 the same manner as demonstrated at their most effici- ent period during the test races on March 17 playing down the noise levels; (3) Races shall be monitored five times a year to assure compliance with noise level standards, which will be paid for by the Orange County Fair Board and done by a consulting firm. Dates of the tests shall not be known to the operator and the report will be shared with the City Council; (4) Installation of a barrier in the form of a 24 -foot solid backed grandstand on the Arlington side to reduce noise of public address system and motorcycles, to carry out the intent of the two test races, if feasible. During.the discussion which fol= lowed, Councilman Raciti asked Mr. Oxley and Mr. Fulk, from the Orange County Fair Board, if the gates on Arlington could remain closed to alleviate the traffic and parking problems on Arlington. In response, it was suggested that these gates have restricted access to emergency vehicles, riders proceeding to the pit area, and spectators proceeding to the motorcycle parking area. Guards would be on duty at these gates to maintain control. Vice Mayor Smallwood asked Mr. Fulk if the conditions outlined by Councilwoman Scha- fer are a part of the contract between Mr. Oxley and the Fair Board. Mr. Fulk responded that they are as well as several other items including control of the parking facilities by Fair Board employees. Vice Mayor Smallwood asked Mr. Fulk if the muffling re- quirements are a part of the contract. Mr. Fulk responded only to the extent that they must meet the applicable noise standards. Vice Mayor Smallwood asked Mr. Fulk if he has any problem with the City enforcing the conditions previously stated and Mr. Fulk responded no problem. After further discus- sion, on motion by Councilwoman Schafer, seconded by Councilman Raciti, and carried, the permit was approved for the dates requested subject to the three conditions previously stated and with the provision that if the noise levels exceed those taken during the test dates, the operator will install the barrier discussed in Condition 4. Recess The Mayor declared a recess at 8:35 p.m., and the meeting reconvened at 8:45 p.m. Warrant On motion by Vice Mayor Smallwood, seconded by Coun- Resolution 1029 cilwoman Schafer, Warrant Resolution 1029, including Payroll 7806, was approved by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Raciti, seconded by Council - Resolution 1030 woman Schafer, Warrant Resolution 1030 was approved by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None City Attorney The City Attorney's report concerning the "Super Report Held Block" condemnations and the Arne1 litigation, was for Executive referred to Executive Session immediately following Session the meeting. Public Services The City Manager introduced Bruce Mattern, whp was Director recently appointed as Director of Public Services. Introduced Public Hearings The Clerk announced that this was the time and place set for the public hearing, continued from the meet - GP -77-2E ing of February 21, 1978, for General Plan Amendment Cagney GP -77-2E, William J. Cagney, in care of 550 Newport. Center Drive, Suite 434, Newport Beach, for permis- sion to amend the land use designation of property located along the north side of Baker Street, east of Babb Street, from Low Density Residential to Med- ium Density Residential. And to be considered con - GP -78-1D currently, General Plan Amendment GP -78-1D, Costa Mesa Planning Commission, for -permission to amend the land use designation of parcels located between 943 and 957 Denver Drive; 909 and 959 (odd numbers) Paularino Avenue; 901 and 930 Helena Circle; and property located north of -Baker Street and west of Bear Street, from Medium Density Residential to Low Density Residential, and to consider alternative General Plan Amendments and/or rezones for the prop- erty located at the northeast, corner of Baker Street and Bear Street. Environmental Determinations: Negative Declarations. The Affidavits of Publishing are on file in the Clerk's office.. No communications have been received. Three land use options are dis- cussed in the General Plan Review Document dated June, 1977, concerning. GP -77-2E. The Planning staff and Planning Commission recommended approval of Option II which would amend the General Plan in accordance with the applicant'.s request. In regard to General. Plan Amendment GP -78-1D, three land use -options are discussed in the General Plan Review Document dated February, 1978. The Planning staff and Planning Com. - mission recommended approval of Option III which proposes a Neighborhood Commercial land use designa- tion and C1 -CP zoning for the properties east of Bear Street with- the.r.emaining:study area being residenti- ally -designated. The northern portion of the study area, those properties on Paularino Avenue,. Denver Drive, Helena Circle, and Helena Place would be amended to Low Density Residential on the General Plan. This would be consistent with the existing development and zoning of the area. Stewart Woodard, architect who.is involved -in the development of.the subject properties, urged approval of the stated recommendations: Homer Moore,3042 Babb Street, spoke in favor of the development plans and discussed the traffic flow.in this area. There.being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilwoman Schafer, sec - Resolution 78-40 onded by Councilwoman Hertzog, Resolution 78-40, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMEND- MENT -GP -77-2E. AMENDING THE GENERAL PLAN OF THE. -CITY OF COSTA MESA, was adopted. -in accordance with Option II, by the-following.roll.call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None On further motion by Councilwoman Schafer, seconded. Resolution -78-41 by. Councilwoman Hertzog, Resolution 78-41, being.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -78-1D, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted in accordance with Option III, by the following roll call vote: 1t?a AYES: Council.Members: McParland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place SP -78-01 set for the public hearing, continued from the meet- ing of February 21, 1978, for Specific Plan SP -78-01, Held Over Costa Mesa Planning Commission, to include additional development standards and land use policies governing the future development of the properties located west of Bear Street, between South Coast Drive and Sun- flower Avenue. Environmental Determination: Negative Declaration. The Affidavit of Publishing is on file in the Clerk's office. No communications have been received. At the previous Council meeting the staff was directed to expand Specific Plan SP -78-01 to include the Kawamura property. The staff has begun the revisions but due to the necessity of referring the Specific Plan back to the Planning Commission, it is estimated that the revised document will not be returned to the City Council before May or early June. The staff has recently received an indication of a possible 18 -lot R1 development on Parcel 1 of the sub- ject property. To insure consistent development standards in the area, staff suggested adoption of the Specific Plan at this meeting. This will establish the development standards on Pages 5 and 6 in addition to the traffic circulation requirements outlined in the January 13, 1978, memo.. The amended Specific Plan will not substantially alter the development standards but will merely add the Kawamura property to the Specific Plan. Doug Clark of the Planning staff 'pro- ceeded with a discussion -of the development standards and stated that the application of a Specific Plan to an R1 neighborhood is not unique, and as an example, Mr. Clark cited the "Foley" Rl development at -Sun- flower Avenue and Smalley Road where almost identical standards were applied. Mr. Clark further stated that it has been suggested that the Specific Plan not be adopted at this time in light of the possibility of the subject properties being involved in litigation as a result of the recent passage of the zoning Initi- ative which placed the area in an R1 zone. However, the staff is under the impression that any such liti- gation is not directed at changing the General Plan designation, therefore adoption of the Specific Plan would make the developers aware of the development standards required by the City. Henry M. Roberts, Jr., representing the owners of Parcel l,.expressed criti- cism of the Plan stating that it was his impression that the Plan was originally written to apply to con dominium or multiple -family projects and as such is now no longer applicable since theproperty is R1. Mr. Roberts commented further that the line of sight study was an objectionable requirement for an R1 development. Mike McLaughlin, 925 Crocus Circle, supported Mr. Roberts's comments on the line of sight study and suggested an alternative would be to pro- hibit two-story houses immediately adjacent to the existing single -story residences. Elizabeth Phillips, 11255 Hampton Drive, Studio City, expressed her opin- ion that the adoption of a Specific Plan is premature at this time with no proposed development of the property. Harry Rinker, representing Arne1 Develop- ment, asked if the Specific Plan would prevent his company from proceeding with future development in the event that the Initiative is overturned by the Courts. Mr. Clark responded that it would not, and further that the Arnel property is not a part of the Appeal Hearing The Clerk announced that this was the time and place S-78-06 set for the appeal hearing.to.consider the drainage Flanagan/Harbor fee requirements in connection with Tentative Parcel Lawn Memorial S-78-06, John -D. Flanagan,, representing Harbor Lawn Park Memorial Park. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office. No communications have been received. The applicant was present to express his objection to the drainage fee assessment in 'the amount of $28,820.00 on the basis 1 1 1 Specific Plan being presented tonight. Jean Robbins, 1807 Tahiti Drive, Costa Mesa, spoke briefly to point out that the Specific Plan is not something new but has been presented atearlier meetings and simply held over pending the outcome of the Initiative. The City Manager stated his concern that the verbiage in the Plan is directed towards medium density develop-. ment and could be misleading even though the medium density designation includes R1 zoning. Mr. Clark explained that the verbiage was written so that it ., could apply to the various zones which come within the medium density General Plan designation, namely R1, R2, or PD, Planned Development, and regardless of the verbiage used, he contended that the develop= ment standards would apply to any residential development. Attorney Robert Curry, representing South Coast Plaza owners of Parcel 2, spoke in opposition to adoption of the Plan at this time since the R1 zoning is being challenged through the- Courts and the ultimate development of the property is unknown at this time. In light of this, Mr. Curry, suggested the Council delay' their action until all the parcels involved can be considered at one time. Vice Mayor Smallwood expressed her opinion that this item should be held over until the various issues can be resolved especially in light of the fact that none of the property owners are proposing any devel- opments at this time. Councilwoman Hertzog asked, based on the assumption that this item is continued, and subsequent to that action.a.developer requests approval of a project which does not include the development_ standards being.discussed, would the City be too late to incorporate them. Mr. Clark responded that it would be too late. At this point Mr. Rinker stipulated that as:.far as the Arne1 Com- pany is concerned they would stipulate not to seek approval of Tentative Tract Maps or Building Permits prior to the City having an opportunity to adopt a Specific Plan. Mr. Curry, on behalf of South Coast Plaza, also so-stipulated as did Mr. Roberts. After discussion, on motion by'Councilman Raciti, seconded by Councilwoman Schafer, and carried, this item was continued to the meeting of July 3, 197.8, and.the staff was directed to continue with the amendment to the Specific Plan by the inclusion of the Arne1 property. Public Hearing The Clerk announced that.-this was the time and place GP-77-3I set for the public hearing to rehear General Plan Sewell Amendment-GP-77-3I, Richard Sewell, authorized agent for Jeanne C. and Theresa C. Morrison, 136 Rochester Held Over Street, Costa Mesa, and the Costa Mesa Planning Com- mission, for permission to amend the land use desig- nation of property located'at 398 West Wilson Street., from General Commercial to High Density Residential. Environmental Determination.: Negative Declaration. The applicant has requested a.continuance of the hear- ing. On motion by Vice Mayor Smallwood, seconded by Councilwoman Schafer, and=:earried, the public hearing was continued to the meeting of April 17, 1978. Appeal Hearing The Clerk announced that this was the time and place S-78-06 set for the appeal hearing.to.consider the drainage Flanagan/Harbor fee requirements in connection with Tentative Parcel Lawn Memorial S-78-06, John -D. Flanagan,, representing Harbor Lawn Park Memorial Park. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office. No communications have been received. The applicant was present to express his objection to the drainage fee assessment in 'the amount of $28,820.00 on the basis 1 1 1 1 i [i that a large percentage of the acreage involved is not owned -by the cemetery -'but -has been sofd off to various property owners and is so recognized by the County -Assessor., -The City Engineer recommended that the ordinance requirements be upheld. There being no other 'speakers, the Mayor closed the public hear- ing. After a lengthy discussion, on motion by Councilman Raciti, seconded by Vice Mayor Smallwood, and carried, the Council upheld the drainage ordi- nanceirequirements thereby denying the applicant's request for waiver. Recess The Mayor declared a -recess at 10:30 p.m., and the meetingreconvenedat 10:35 p.m.. Appeal Hearing The Clerk announced that this was the time and place ZE-78-41 set for the appeal hearing of Zone Exception ZE-78-41, Huebner/Johnson Donald E.:Huebner; representing -Robert Johnson, 250-A East 16th Street; Costa Mesa, for a variance for a 3.7 Denied percent density deviation•(2,889 square feet per unit), to construct six apartment units, located at 347 East 18th Street, in an:R2 zone.. Environmental Determina- tion: Negative Declaration for Zone Exception ZE-77- 52. The Affidavits of Publishing, Posting, and Mail- ing are on file in the Clerk's office. The Planning staff and Planning Commission have recommended denial. The applicant was'present to answer questions from the Council. During the:discussion which followed, it was brought out that the proposed development exceeds the maximum -density -permitted by the General Plan, there- fore to approve -such a-.pro:j.ect.would require findings that the --proposed development includes standards and features which merit-:such;a deviation. There being no other speakers,, the Mayor closed the public hearing. After d-iscussion,,on.-motion by Vice Mayor Smallwood, seconded by Councilman.Raciti,-and carried, the permit was denied. . Appeal•Hearing The Clerk announced that this was the time and place ZE-78-05 set for the appeal hearing for Zone Exception ZE-78- DeStefano 05; Ronald'A. DeS'tefano, 313,6 Samoa Place, Costa Mesa, for a variance to encroach into the required front Denied -yard setback, located at the above address, in an R1 zone. Environmental Determination: Exempt. The Affidavits of ,Publishing; -Posting, and Mailing are on file in:the-Clerk's,office. No -communications have - ave -been received. The Planning •Commission denied this been -received.- application based,on the findings outlined in the staff report -including the following:- (1) an encroachment to within TO feet of the property line with a two- story structure -will not be architecturally compatible with:the;surrounding residences or in keeping with the character of the.neighborhood;. (2) the front setbacks for all:the residences on Samoa Place are 20 feet from the _property:line; (3). -allowing this encroachment could -set a::precedent in the:area: The applicant was present and requested:a continuance of.the hearing so that he might_look,into the possibilityoof changing the CC and R's. A motion by Councilman.Raciti, seconded by Vice Mayor:Smallwood;:and,carried,,to continue the hearing until May 1;-1978,.was.later withdrawn. The following -Costa:Mesa residents_spoke:in opposition to the request for reasons including-invasion,of privacy, decrease in property values,.and.incompatibility with the neighbor- hood image: Jim•,Young, 3111 Gibraltar; Jean Moody, no address given; and Robert Faught, 3111 Gibraltar. There being no -other speakers,:the-Mayor closed the public hearing.l.Councilwoman Hertzog expressed her opposition to second,story.-additions.in predominantly one-story neighborhoods. Councilwoman Schafer expressed her opinion that no new evidence has been presented that was j-60 0 1 1 1 not considered by.the Planning.Commission and on this basis made a motion, seconded by Councilwoman Hertzog, and carried, denying the permit. Public Hearing The Clerk announced that this was the time and place ZE-77-14 set for -the public hearing to consider the revocation Southern of Zone Exception ZE-77-14,-Pete Carolyn, Southern California California Color; 1711 Anaheim�Avenue, Costa Mesa, Color/McClellan for a Conditional Use Permit to,operate an auto cus- tomizing, detailing, restoration, and body shop, located at the above address, in a C2 zone. The Permit Revoked Affidavit -of Publishing -is on file in the Clerk's office. -.The Planning -Commission and staff have recommended approval of the revocation. This permit was originally issued to-A/'C Body Shop and Car Care Center and -the premises -have subsequently been taken over by.Southern California -Color who have not been able to obtain a business permit due to the fact that the conditions-attached•to approval of the Con- ditional Use'Permt have not been completed by the owner.- Mr. Carolyn was°present and advised the Council- that he has -informed the owner of the prop- erty, Rollo McClellan, that he. is willing to complete the required landscaping conditions in order that he might continue his business at -.-this address. For some reason; Mr.,McClellan-has opposed this avenue, and has subsequently submitted a letter to the City requesting revocation of the Permit. Mr. McClellan was not pre'gent to explain -his action. There being no other -speakers, the Mayor closed the public hear- ing. During the -discussion, it was brought out that since Mr. Carolyn'cannot complete the landscaping requirements without -the -permission of the owner, the only other option would be to waive the condition. Considerable discussion followed, after which a motion was made with reluctance�by Vice Mayor Smallwood, seconded by Councilwoman Hertzog, and carried, to revoke the Permit,on the basis that the conditions have not been completed. In addition, the Clerk was directed to send -a letter to' Mr. McClellan conveying the Council's displeasure with various aspects of this matter. Public Hearing The Clerk announced that this was the time and place Weed Abatement set for the public hearing concerning weed abatement. On motion by Councilwoman,Schafer, seconded by Coun- Held:Over cilwoman Hertzog; and carried-, the public hearing was continued -to the meeting of April 17, 1978. Public,Hearing The Clerk announced that this was the time and place Uniform Fire Code set for the -public hearing to consider a proposed ordinance to adopt the Uniform Fire Code. The Affi- davit.of Publication is on file in the Clerk's office. No communications have been received. Fire Chief Robert Beauchamp was present to explain the purpose of the ordinance in adopting the 1976 Uniform Fire Code, with minor modifications,'is to update the City's Fire Prevention and Protection practices. Some amendments have been included concerning firework stands, Christ- mas tree lots, and refuse containers etc. There being no other speakers, the Mayor closed the public hearing. On motion'by Councilwoman Schafer, seconded by Vice Ordinance 78-22 Mayor -Smallwood, Ordinance -787-225 being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING THE UNIFORM FIRE CODE FOR 1976,'WITH CERTAIN AMENDMENTS, MODIFICATIONS AND ADDITIONS THERETO CONCERNING FIRE FLOW, AND OTHER REQUIREMENTS,•was given first reading and passed to'second reading.by:the following roll call vote: 1 1 1 A r, `l 3101, AXES: Council Members: McParland, Smallwood,' Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Request to The Clerk presented a request from Lon Wallace, Appeal representing Taco Bell Corporation, 647 West 19th ZE-78-44 Street, Costa Mesa, to appeal the Planning Commis -.- Taco Bell sion's decision in regard' to Zone Exception ZE-78-44, for a variance from the Sign Code at the above ad - Denied dress. The applicant was present to explain the basis for the application. Vice Mayor Smallwood ex= pressed her opinion that no new evidence exists that was not considered by the Planning Commission, and on this basis made a motion, seconded by Council- woman Hertzog, and carried, denying the request to appeal. Request to The Clerk presented a request from Bolsa Restaurant Appeal Supply, as authorized agent for Westcliffe Investment ZE-78-33 Associates, 2081 Business Center Drive, Suite 105, Bolsa Restaurant Irvine, to appeal the Planning Commission's decision Supply/Westcliff"e in regard to Zone Exception ZE-78-33, concerning a Investment variance from parking requirements for a restaurant at 1685 Tustin Avenue. The applicant was not present. Denied This Zone Exception Permit was denied in part on the grounds of insufficient parking resulting from the fact that a previously approved Zone Exception for a restaurant required a commitment from Mariners Sav- ings and Loan to provide 17 parking spaces to satisfy the parking needs of the restaurant. The Council considered information submitted by Mariners Savings and Loan with regard to this agreement. The Council also considered information submitted by the appli- cant's attorney outlining the basis for their appeal as well as a report from the staff concerning their recommendations. After discussion, a motion was made by Councilwoman.Schafer, seconded by Vice Mayor Small= wood, and carried, denying the request to appeal based on the finding that no procedural error occurred. Request for The Clerk presented a request from William T. Miller, Rehearing 1633 Cornwall Lane, Newport Beach, for a rehearing of GP -78-1C General Plan Amendment GP -78-1C which was considered Miller by the Council on March 20, 1978. The applicant was present.and stated that the basis for his request is Denied that the owners of certain property in the study area were not aware that their property could be zoned CL and that they could initiate new construction as soon as permits could.be issued. During the discussion which followed, the Council concluded that the owners in question were very wel.l'informed of their options. On motion by Vice Mayor Smallwood, seconded by Coun- cilwoman Schafer, and carried, the request for rehear- ing was denied based on the lack of new evidence. Bus Shelter The Clerk presented a request from Juan A. Magnone, Proposal - Eko Shelter Ads, 2700 East Coast Highway, Suite 1A, Eko Shelter Ads Corona del Mar, to present a bus shelter proposal. The Clerk indicated that Mr. Magnone had requested Denied a continuance of this item to April 17, 1978. During. the discussion, the Council indicated no interest in the type.of facilities being proposed, and on this basis, Councilwoman.Hertzog made a motion, seconded by Vice Mayor Smallwood, and carried, denying the request. General Plan The Clerk presented a proposed resolution.adopting a Moratorium one-year moratorium on the acceptance of General Plan Amendment applications, beginning June 1, 1978. The 1 1 L moratorium is being requested in order to provide additional staff time to complete a review of the entire General Plan. Pat Lister, 219 Albert Place, asked for clarifications between the various.Plan- ning processes.' Albert"Sparless of the Coldwell Banker Company, 9858 Wilshire Boulevard, Los Angeles, indicated that-he is preparing a General.Plan Amend- ment request to be submitted on property owned by Mr. Sakioka, and has requested the City to advisee-him of all the necessary documentation in order that his request may be submitted before the June deadline. Mr. Sparless also expressed the hope that the pre- liminary documents submitted could be amended before the October review as the available preparation time before June 1 is rather short. Henry Roberts asked if the one-year moratorium is likely to.be extended, for a longer period with the thought in mind that when the Initiative litigation is concluded the out- come may be such that the developers may want to request a General Plan change. Mr. Clark indicated: that the resolution is for one year and any"extension of that time would need to be approved by Council. Mike McLaughlin made an observation in response to comments made by Mr. Roberts in regard to agreements reached between the developers and homeowners in the Initiative area, and stated that .the results of the election evidenced no support for anything but Rl development. After discussion, on motion by Council- man Raciti, seconded by Councilwoman Schafer-, Resolu- Resolution 78-42 tion 78-42, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A ONE-YEAR MORATORIUM ON THE ACCEPTANCE-OF APPLICATIONS FOR AMENDMENTS TO THE LAND USE ELEMENT OF THE COSTA MESA GENERAL PLAN BEGINNING JUNE 1, 1978, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Parks Annexation The Clerk presented a proposed resolution approving No. 1 Parks Annexation No. 1 to the Costa Mesa Park and Recreation District. This Annexation will bring- certain areas into the District that were not annexed at the time these properties came into the City. On motion by Vice Mayor Smallwood, seconded by Council- Resolution 78-43 woman Schafer, Resolution 78-43, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.COSTA MESA, CALI- FORNIA, ACTING AS THE EX-OFFICIO BOARD OF DIRECTORS OF THE COSTA MESA PARK AND RECREATION DISTRICT, DE- CLARING AND ORDERING CERTAIN TERRITORY KNOWN AS PARKS ANNEXATION NO. 1 ANNEXED TO THE COSTA.MESA PARK AND RECREATION DISTRICT, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Councilmanic Mayor McFarland announced that 10 applicants for the Comments vacancy on the Planning Commission will be.interviewed Saturday, April 15, 1978, beginning at 8:30 a.m., in the fifth floor Conference Room. Mayor McFarland an- nounced that a new post office is planned at 2230 Fair- view Road and unless the Council Members express any comments in this regard, he will transmit the Coun- cil's support. Councilman Raciti supported the pro- posed location but indicated an interest in having a 1 1 L post office in the vicinity of Orange Avenue and 17th Street. Adjournment At 12:20 a.m., the Mayor adjourned the meeting to an to Executive Executive Session in the first floor Conference Room. Session During Executive Session, the City Attorney advised the Council of the status of the "Super Block" "Super.Block" condemnation suits (Calhoun and Parks) and following Litigation discussion, the City Attorney was given settlement authority as to each case, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Hertzog, Schafer NOES: Council Members: Raciti ABSENT: Council Members: None Senior Citizens The City Attorney advised Council of the status of Housing Project the Senior Citizens Housing Project condemnation Litigation suits (Humphries and Swope). Initiative The City Attorney advised the Council of the Arne1 Ordinance suit by two of the three landowners and developers Litigation affected by the Initiative Ordinance, and the City Attorney was given direction and authority in handling same. Request for. The City Attorney advised the Council of his one-week Leave by vacation fron April 15 to April 23, 1978, stating that City Attorney the Assistant City Attorney would handle the Council meeting of April 17, 1978, and that the Deputy City Attorney would handle the Planning Commission Study Session on the same date. Adjournment The Council reconvened in the Council.Chambers at - 1:50 a.m. and the Mayor adjourned the meeting. Mayor of the City of Costa Mesa ATTEST: &;e ? r-:;) . City Clerk of the City of Co a Mesa 1