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HomeMy WebLinkAbout05/15/1978 - City Council9Fr%4. �u t a REGULAR MEETING OF.THE CITY COUNCIL CITY OF COSTA MESA May 15, 1978 The City Council of the City of Costa Mesa met in regular session on May 15, 1978, at 6:30 p.m., 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,. and .In- vocation by Doctor Erwin Kurth, Christ Lutheran Church. Roll Call Council Members Present: McFarland, Smallwood, Raciti, Hertzog, Schafer Council Members Absent: None Proclamation On motion by Councilman Raciti, seconded by Vice Mayor Municipal Smallwood, and carried, a proclamation declaring the Clerk's Week week of May 14 through 20, 1978, as Municipal Clerk's Week in the City of Costa Mesa, was approved., Ordinances On motion by Councilwoman Hertzog, seconded by Council- woman Schafer, and carried, all ordinances will be read by title only. CONSENT CALENDAR. The following item was removed from the consent calendar: Item 12,.the claim of Sidney Soffer. On motion by Councilwoman Schafer, seconded by Vice Mayor Smallwood, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items, in the Consent Cal- endar, were received and processed: Claims The following claims were received by the City Clerk and no action is required: Marvin E. Roberts; Richard Amacher; John A. Lawrence, Jr.; and George L. Madden. Officials Present: City Manager, City Attorney, Director of Planning, Director -: of Public Services, City Clerk Minutes - On motion by Councilwoman Hertzog, seconded by Council -- May 1, 1978 woman Schafer, and carried, the minutes of the regular meeting of May 1, 1978, were approved as distributed and posted as there were no corrections. Ruth Nelson On motion by Vice Mayor Smallwood, seconded by -Council - Commended man Raciti, Resolution 78751, being A RESOLUTION OF .THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COM - Resolution 78-51 MENDING RUTH NELSON OF THE POLICE DEPARTMENT ON THE OCCASION OF HER RETIREMENT, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, - Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Proclamation On motion by Councilman Raciti, seconded by Vice Mayor Municipal Smallwood, and carried, a proclamation declaring the Clerk's Week week of May 14 through 20, 1978, as Municipal Clerk's Week in the City of Costa Mesa, was approved., Ordinances On motion by Councilwoman Hertzog, seconded by Council- woman Schafer, and carried, all ordinances will be read by title only. CONSENT CALENDAR. The following item was removed from the consent calendar: Item 12,.the claim of Sidney Soffer. On motion by Councilwoman Schafer, seconded by Vice Mayor Smallwood, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items, in the Consent Cal- endar, were received and processed: Claims The following claims were received by the City Clerk and no action is required: Marvin E. Roberts; Richard Amacher; John A. Lawrence, Jr.; and George L. Madden. Dog License A letter from Lillian B. Troy, 1728 Monrovia Tax Avenue, Costa Mesa, requesting dog license tax reduction for elderly citizens. Criminal Justice A letter from the City of La Palma requesting Council support of Councilman Anthony Van Dyke as their nominee to the Criminal Justice Council. CETA Re-enactment A resolution from the Orange County Division of Bill the League of California Cities, recommending certain amendments to the Comprehensive Employ- ment Training Act (CETA);Re-enactment Bill, and urging cities to give their input to Senators Cranston and Hayakawa. Local Agency Notice of determination without notice and hear - Formation ing on May 10, 1978, at 2:00 p.m., at 515 North Commission Sycamore Street, Santa Ana, from the Orange County Local Agency Formation Commission, on two annexations to the Costa Mesa Sanitary District, designated: Engineer's No. 175, located at the southeast corner of Sunflower Avenue and Smalley Road; and Engineer's No. 176, located at the southeast corner of Sunflower Avenue and Fair- view Road. Alcoholic Beverage Alcoholic Beverage License applications for Licenses which parking has been approved by Planning, from: Gerald H. Erickson, doing business as Adamo Wine Cellars, 711 West 17th Street, No. J-4; Vaughn Bowen, Jr., doing business as Vaughn's Liquors, Incorporated, 1895 Monrovia Avenue; Vaughn Bowen, Jr., doing business as Vaughn's Liquors, Incorporated, 1125 Victoria Street, Suite S; W. and J. A. J., Incorpor- ated, doing business as Liquors by George, 1089-A Baker Street; and Christina Van de Putte, End - doing business as Christina's Cafe, 488 East Reading Folder 17th Street. Business Permits Notice of Intention to Solicit for Charitable Purpose from the Costa Mesa American Legion Auxiliary, 565 American Legion West 18th Street, Costa Mesa, by sale of Buddy Poppies Auxiliary at various locations, May 19 and 20, 1978, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Rile A request from William Rile, Orange County Boat, Sport, and RV (recreational vehicle) Show, Post Office Box 82236, San Diego, to conduct a four-day show at the Orange County Fairgrounds, June 15 through 18, 1978, was approved subject to one condition of the Finance Department. E1 Bekal Temple A request from E1 Bekal Temple, 801 Elm Avenue, Long Beach, to conduct a circus at the Orange County Fair- grounds, June 10 through 12, 1978, was approved. Set for Public The following items were set for public hearing on June 5, Hearing 1978, at 6:30 p.m., in the Council Chambers of City Hall: SP -78-02 Specific Plan SP -78-02, Costa Mesa Planning Com- mission, to include additional development standards and land use policies (zoning and cir- culation strategies), to guide the future development of the properties located between 735 and 811 (odd numbers) Paularino Avenue, and also between 728 and 810 (even numbers) Baker Street. Environmental Determination: Negative Declaration. 0 R-78-11 Rezone Petition R-78-11, Costa Mesa City Council, for permission to rezone property bounded by Baker Street and Bear Street,.and the Corona del Mar Freeway, from C1 -CP and Al to Cl. Environ- mental Determination: Negative Declaration for General Plan Amendment GP -78-1D. Additional Proposed Ordinance amending Title 13 of the Costa Prerequisite Mesa Municipal Code, adding a condition to the for Zone prerequisites necessary for granting a Zone Exceptions Exception Permit, requiring that the use allowed by a Zone Exception Permit be consistent with the Land Use designation of the General Plan. En- vironmental Determination: Negative Declaration. Revenue Sharing Federal Revenue Sharing Funds - proposed use hearing. Claim - Lockwood On motion by Councilwoman Schafer, seconded by Vice Mayor Denied Smallwood, and carried, the claim of Attorney Arthur A. Corrales, on behalf of Janet L. Lockwood, was denied. Claim - Weir On motion by Councilwoman Schafer, seconded by Vice Mayor Denied Smallwood, and carried, the claim of Attorney Joseph Powell, on behalf of Evelyn Weir, was denied. Claim - Donaldson On motion by Councilwoman Schafer, seconded by Vice Mayor Denied Smallwood, and carried, the claim of Marylyn C. Donaldson was denied. Claim - Rowen On motion by Councilwoman Schafer, seconded by Vice Mayor Denied Smallwood, and carried, the claim of St. Paul Insurance Company, on behalf of John Rowen, was denied. Notice of The Brentwood and Wilson Streets Park projects Nos. 76 -6 - Completion 2-L.S. and 76-6-3-L.S., have been completed by Industrial Brentwood and Turf, Incorporated, Post Office Box 2247, Laguna Hills, Wilson Streets to the satisfaction of the Director of Leisure Services. Park Projects On motion by Councilwoman Schafer, seconded by Vice Mayor Smallwood, the work was accepted, the Clerk was author- ized 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: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Rental of On motion by Councilwoman Schafer, seconded by Vice Mayor Kodak 150AF Smallwood, the rental of a Kodak 150AF Photocopier was Photocopier approved for a two-year period under the terms and con- ditions specified in a memo to the Council dated May 4, 1978, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None �. Irvine-Baycrest The Director of Public Services has recommended approval Storm Drain of the plans and specifications for the Irvine-Baycrest Improvements Storm Drain improvements from Dover Drive to Tradewinds Lane, which is a joint project with the City of Newport Beach and the County of Orange. The Orange County Flood Control Act requires that prior to award of a contract, the City Council must approve plans and specifications for work done by the Flood Control District within the City's jurisdiction. On motion by Councilwoman Schafer, seconded by Vice Mayor Smallwood, and carried, the plans and specifications were approved as recommended. Notice of The modification of traffic signals and safety lighting Completion at Newport Boulevard and Vanguard Way have been com- Traffic Signals pleted by Signal Maintenance, Incorporated, Post Office at Newport Box 3086, Anaheim, to the satisfaction of the Director Boulevard and of Public Services. On motion by Councilwoman Schafer, Vanguard Way seconded by Vice Mayor Smallwood, 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: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None ZE-77-43 The improvements in connection with Zone Exception ZE- Jerwel 77-43, for property located at 2700 North Bristol Street, Enterprises have been completed by Jerwel Enterprises, 7777 Center Drive, Huntington Beach, to the satisfaction of the Director of Public Services. On motion by Councilwoman Schafer, seconded by Vice Mayor Smallwood, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None ZE-76-127 The improvements in connection with Zone Exception ZE- The Janes 76-127, for property located at 2650 Harla Avenue, have Company been completed by The Janes Company, 17965 Skypark Boulevard, Suite F, Irvine, to the satisfaction of the Director of Public Services. On motion by Councilwoman Schafer, seconded by Vice Mayor Smallwood, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Resurfacing of Bids received for the resurfacing of various City Various City streets, final phase of the 1977-78 street maintenance Streets program, are on file in the Clerk's office. On motion by Councilwoman Schafer, seconded by Vice Mayor Small- Awarded wood, the contract was awarded to Blair Paving, Incor- Blair Paving porated, 5552 Kellogg Drive, Yorba Linda, in the amount of $331,015.95, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Bid Item 387 Bids received for Bid Item 387, Appraisal of 21 Park Appraisal of Sites, are on file in the Clerk's office. On motion Park Sites by Councilwoman Schafer, seconded by Vice Mayor Small- wood, the bid was awarded to Strobel and Byer, 2192 Awarded DuPont Drive, Suite 216, Irvine, based on a rate of Strobel and $40.00 an hour, being the lowest bid meeting specifi- Byer cations, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Bid Item 388 Bids received for Bid Item 388, for the furnishing of One Station one station wagon, are on file in the Clerk's office. Wagon On motion by Councilwoman Schafer, seconded by Vice Mayor Smallwood, the bid was awarded to Guaranty Chev- Awarded rolet, 711 East 17th Street, Santa Ana, in the amount Guaranty of.$6,409.82, being the lowest bid meeting specifica- Chevrolet tions, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Claim of Item 12 on the Consent Calendar, the claim of Sidney Sidney Soffer Soffer, was presented. The City Attorney recommended that this claim be denied as presented', with the ex- ception of the claimant's out-of-pocket expenses in the amount of $156.00. On motion by Vice Mayor Small- wood, seconded by Councilwoman Hertzog, the City Attorney's recommendation was approved, by the follow- ing roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Costa Mesa The Mayor presented a letter received from Adriana Freeway Gianturco, the Director of Transportation for CALTRANS, concerning the Costa Mesa Freeway. The letter acknowledges the need to improve Route 55 and offers the following conclusions in this regard: (1) that the City and State should cooperatively develop and implement a plan of improvement for the existing route, and suggested a meeting between the City and State representatives be scheduled within two weeks to work on a list of priorities; (2) that the old adopted route for Highway 55 between the Coast Highway and Bay Street, be rescinded; and (3) that an environmental study be completed on Route 55 corridor between the beach area and the Corona del Mar Freeway. After dis- cussion, the Mayor scheduled a Study Session for May 24, 1978, at 3:30 p.m., in the fifth floor Confer- ence Room, to discuss this matter in detail. Development On motion by Vice Mayor Smallwood, seconded by Council - Standards woman Hertzog, Ordinance 78-25, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING Ordinance 78-25 TITLE 13 OF THE COSTA MESA.MUNICIPAL CODE ADOPTING Adopted ADDITIONAL DEVELOPMENT STANDARDS AND REVISED PROCESSING PROCEDURES FOR THE AP, Cl, C2, C1 -S, CL, AP -CP, C1 -CP, AND C2 -CP COMMERCIAL DISTRICTS, was given second read- ing and adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Claim of Brylla The next item concerning the claim of Bernhard Brylla Referred to was referred to Executive Session immediately follow - Executive Session ing this meeting. Warrant On motion by Vice Mayor Smallwood, seconded by Council - Resolution 1034 woman Hertzog, Warrant Resolution 1034, including Pay- roll 7809, was approved by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Condemnation - The City Attorney requested the Council to authorize a Humphries warrant in the amount of $25,000.00 to comply with a Court Order in connection with the condemnation case of Costa mesa versus Humphries, Number 284026. The Court has requested the City to increase their deposit to the amount of $105,000.00, hence the additional funding is necessary. On motion by Councilman Raciti, seconded by Councilwoman Schafer, the Finance Director was author- ized to issue a warrant in the amount of $25,000.00 payable to the County Clerk, from the Housing and Com- munity Development Fund, by the following roll call vote: AYES: Council Members: McFarland,,Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Update on The City Attorney reported briefly on the "Calhoun" Litigation condemnation case and the "Arnel" case. Matters 'Green Fee The City Manager recommended the following green fee Increase rate increases at the Costa Mesa Golf and Country Club: Week Day Los Lagos $ 5.00 Week Day Mesa Linda 5.00 Weekend Los Lagos 7.00 Weekend Mesa Linda 6.00 Monthly Ticket Los Lagos 35.00 Monthly Ticket Mesa Linda 35.00 Junior Rates Los Lagos 20.00 Junior Rates Mesa Linda 20.00 Senior Rates Los -Lagos 20.00 Senior Rates Mesa Linda 20.00 Orange Coast Col- lege Golf Class 2.00 These rates would be effective July 1, 1978. After brief discussion, on motion by Councilman Raciti, seconded by Councilwoman Hertzog, the City Manager's recommendation was approved by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Neighborhood The City Manager reported on the outcome of the archi- Recreation Center tectural contest for the design of the proposed Neigh - Architectural borhood Recreation Center to be located in Lions Park, Contest resulting in the selection of the firm of Danielian, Moon and Associates. The City Manager recommended that the Council authorize the staff to negotiate a contract with this firm and additionally authorize the drawing of the following warrants: Danielian, Moon and Associates, $2,500.00; McCulloch Architects, $3,000.00; Perez and Hurtado, $3,000.00; and Raymond Watson, $1,500.00. During discussion, the Council commended Raymond Watson who served as contest judge, for his generous action in donating $1,000.00 of his fee to the unsuccessful architects in appreciation of their impressive efforts. On motion by Vice Mayor Smallwood, seconded by Councilwoman Schafer, the staff was authorized to negotiate a contract with Danielian, Moon and Associates 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 Vice Mayor Smallwood, seconded by Councilwoman'Schafer, the warrants were approved as recommended, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place - Final Development set for the public hearing, continued from the meet - Plan - McLain ing of March 20, 1978, for Final Development Plan in Development/ connection with Zone Exception ZE-78-34, McLain Segerstrom Development Company, as authorized agent for C. J. Segerstrom and Sons, 1470 Jamboree'Road, Newport Beach, Tentative Map for 189 single-family homes with variances from per - of Tract 10275 mitted building coverage and required open space, located at the southeast corner of Sunflower Avenue and Fairview Road, in a PDR -LD and PDR -MD zone. Environ- mental Determination: Environmental Impact Report for General Plan Amendment GP -76-31) accepted by Council on November 15, 1976. Also presented for concurrent dis- cussion was Tentative Map of Tract 10275, for permis- sion to divide the above-described property into 191 lots. The Planning Commission and Planning staff recommend approval of this project subject to condi- tions. Perry Valantine of the Planning staff made a presentation on the project and explained a minor revi- sion which the applicant has made to the proposed plan. The revision involves the transfer of approximately 2,600 square feet from the public park to the private park. The staff feels the significance of this revi- sion is not great and does not change the percentages of open space as cited in the staff report. Section 2 of the staff report, Project Description and Analysis, is affected by this change as follows: (1) Public park is reduced from 2.84 acres to 2.78 acres. Private park is increased from 0.72 acres to 0.78 acres. (5) and (6) Open space and common open space on Parcel 1 are increased by 0.06 acres each. Percentages are not affected. (8) The reduction in the public park area will have an affect on the future development of Parcel 2, south of South Coast Drive.` Using an average unit size, estimated development of Parcel 2 would be reduced from approximately 20.5 units per acre to approximately 19.4 units per acre. The revised plan also fulfills Condition No. 41 requiring modification to the northern boundary of the private park. The Planning Commission reviewed the proposed revisions on May 8 and recommended approval. The applicant, Bob McLain, was present to answer questions from the Council. During the discus- sion, an explanation was requested concerning the density transfer provided in the Specific Plan for this property. The staff explained that the intent of the density trans- fer from Parcel 1 to Parcel 2 was to encourage Parcel 1 to be developed at a density considerably less than 15 units per acre consistent with the existing development to the east. Parcel 2 may then achieve a higher density while still maintaining.an overall average of 15 units per acre. Parcel 3 is not included in the density trans- fer plan and is constrained to the standards of the PDR - Low Density zone. After further discussion, Vice Mayor Smallwood expressed her feeling that she did not have sufficient information to act on this project at this time, and therefore would be abstaining from voting. In regard to the Tentative Map of Tract 10275, the staff indicated that Condition No. 30 had been amended to read as follows: Furnish and install 15 - 25,500 HPSV 7-150 watt Lucalox and 39-100 watt Lucalox on marbelite poles served underground. Pay advance energy fee for lights on public streets and provide for maintenance and pay- ment of energy fees for lights on private streets. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the plan was approved subject to all conditions, and Ordinance Ordinance 78-26 78-26, being AN ORDINANCE OF THE CITY COUNCIL OF First Reading THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING THE ADOPTION OF FINAL DEVELOPMENT PLAN OF McLAIN DEVEL- OPMENT COMPANY FOR THE PLANNED DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF SUNFLOWER AVENUE AND FAIRVIEW ROAD, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Smallwood On further motion by Councilman Raciti, seconded by Councilwoman Schafer, and carried, Vice Mayor Small- wood abstaining, Tentative Map of Tract 10275 was approved subject to all conditions including the modification to Condition No. 30. Public Hearing The Clerk announced that this was the time and place set ZE-78-25 for the public hearing, continued from the meeting of Wonacott/Salmonson April 17, 1978, for Zone Exception ZE-78-25, William Wonacott, as authorized agent for Richard N. Salmonson, Denied Post Office Box 1314, Newport Beach, for a Conditional Use Permit to construct an 18 -unit condominium with variances from required parking (location, number, and type of spaces), to exceed the two-story height limita- tion (three stories proposed), and to deviate from the requirement to preserve natural features (bluff line), located at 2157 Pacific Avenue, in an R2 -CP zone. En- vironmental Determination: Environmental Impact Report for the The Janes Company Bluff Development, accepted by Council on November 19, 1974. By way of recap, after the last meeting, the Mayor directed a letter to Supervisor Riley regarding development of City/County standards for the entire west side County island and the possibility of a building moratorium while this is being accomplished. Doug Clark of the Planning staff reported that preliminary contacts have been made with the County staff regarding the project, but for unknown reasons, no formal direction has been given to the County staff to proceed. The Planning Department has completed a pre- liminary draft of a Specific Plan for the area and a copy will be forwarded to the County as a reference for discussions. It appears that this issue will take sev- eral months to resolve with the County, therefore staff suggests that the Council take action on the Salmonson project to avoid additional delays for the developer and to provide policy direction to the staff in the formulation of standards for the Specific Plan. Mr. Clark stated that the'main policy issue is "should the Mesa bluff line be preserved?". The staff feels that the Condominium Ordinance answers this question in the affirmative by stating that natural features should be preserved. Other concerns which have resulted in the staff's recommendation for denial, include the opinion that the three-story structure and the cutting and filling of the slope will affect the Fairview -Talbert Regional Park site and will create an imposing row of structures, in addition to blocking the view of projects to the north. Also, there is a serious access problem for fire protection purposes. The staff further recom- mended that if the project is approved, a condition be added requiring annexation of the property to the Park and Recreation District before building occupancy. The applicants, Bill Wonacott and Richard Salmonson were present to answer questions from the Council and expressed their desire for a decision at this meeting.. Jeff Briery, a realtor associated with the applicant, spoke in support of the project. Rifka Hirsch, 2166 Pacific Avenue, spoke in opposi- tion to the requested variances. Julie Hoygarth, 2170 Pacific Avenue, encouraged the Council to pur- sue the development standards for the entire bluff area. There being no other speakers, the Mayor closed the public hearing. A motion by Council- man Raciti, seconded by Councilwoman Hertzog, to deny the Zone Exception Permit based on the findings and recommendations of the staff, was followed by discussion. The Council expressed agreement with the concerns presented by the staff and the need for consistent development standards between the County and the City. Mayor McFarland discussed the possi- bility of annexing this entire area as an island annexation. Vice Mayor Smallwood asked the applicant if he had considered the possibility of continuing this matter in order to have an opportunity to revise the proposed plans. A motion was made by Councilman Raciti, seconded by Councilwoman Schafer, and carried, to re -open the public hearing so that the applicant could address the Council. Mr. Sal- monson responded that he would prefer a decision at this time on the plan as presented. There being no other speakers, the Mayor closed the public hearing. The Mayor called for the vote and the motion carried unanimously. Recess The Mayor declared a recess at 8:25 p.m., and the meeting reconvened at 8:3.5 p.m. Public Hearing The Clerk announced that this was the time and place GP -77-3I set for the public hearing, continued from the meeting Sewell of April 17, 1978, to rehear General Plan Amendment GP -77-3I, Richard Sewell, as authorized agent for Held Over Jeanne C. and Theresa C. Morrison, 136 Rochester Street, Costa Mesa, for permission to amend the land use designation of property located at 398 West Wilson Street, from General Commercial to High Density Resi- dential. Environmental Determination: Negative Declaration. A letter has been received from the applicant requesting a continuance. On motion by Councilwoman Schafer, seconded by Councilwoman Hert- zog, and carried, the public hearing was continued to the meeting of June 19, 1978, as requested by the applicant. Public Hearing The Clerk announced that this was the time and place Encroachment set for the public hearing to rehear the application Permit - of J. E. Hankins, 934 Evergreen Place, Costa Mesa, Hankins for a permit to encroach approximately 40 feet onto the Canyon Park site, which was denied by Council on Denied April 17, 1978. The Affidavits of Publishing, Post- ing, and Mailing are on file in the Clerk's office. No communications have been received. The applicant was present and gave a lengthy presentation in con- junction with slides which were shown of the property in question. Mr. Hankins contended that if there is an encroachment, it is only five or six feet. Pat Dolan, 923 West 20th Street, representing himself and Save the Canyon Committee, spoke in opposition to granting the permit stating that it has been clearly established that there is a 40 -foot encroachment into City property. Mr. Dolan also stated that this encroachment obstructs his view of the ocean and urged the City require removal of all fences, 1 1 1 landscaping, and other materials which are on the City property. John Moran, 971 Arbor Street, Costa Mesa, expressed his opinion that if it is ascer- tained that the encroachment is on public property then it should not be allowed. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Vice Mayor Smallwood, seconded by Councilman Raciti, and carried, the Encroachment Permit was denied based on the finding by staff that there is a 40 -foot encroachment and the obligation to protect the use of public property. Public Hearing The Clerk announced that this was the time and place Precise Plan - set for the public hearing for the Precise Plan for Realignment of the realignment of 17th Street from Newport Boulevard 17th Street to 180 feet easterly of Fullerton Avenue. Environ- mental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval. There be- ing no speakers, the Mayor closed the public hearing. After Council discussion, on motion by Councilman Raciti, seconded by Councilwoman Schafer, the Negative Declaration of Environmental Impact was adopted, and Resolution 78-52 Resolution 78-52, being A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A PRECISE PLAN FOR THE REALIGNMENT OF 17TH 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 Public Hearing. The Clerk announced that this was the time and place R-78-09 set for the public hearing of Rezone Petition R-78- 09, Costa Mesa City Council, for permission to rezone property located within the Talbert -Fairview Regional and Canyon City Park sites, from PDR -LD, Planned Development Residential - Low Density, and PDR -MD, Planned Development Residential - Medium Density, to I and R, Institutional and Recreational. Environmental Determination: Negative Declaration for General Plan Amendment GP -78-1B. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Smallwood, seconded by Council - Ordinance 78-27 woman Hertzog, Ordinance 78-27, being AN ORDINANCE First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF A PORTION OF THE TALBERT-FAIRVIEW REGIONAL AND CANYON CITY PARK SITES FROM PDR -LD AND PDR -MD TO I AND R, was given first reading and passed to second reading by the follow- ing roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Landscaping set for the public hearing to consider the formation Assessment of City of Costa Mesa Landscaping Assessment District District No. 1. No. 1 and the levy of an assessment on said District. The Affidavits of Publishing and Posting are on file in the Clerk's office, and the property owner has been notified in accordance with the law. There be- ing no speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Vice M11 Resolution 78-53 Mayor Smallwood, Resolution 78-53, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, FINDING THAT A MAJORITY PROTEST HAS NOT BEEN FILED WITH RESPECT TO THE FORMATION OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER 1, ORDERING THE FORMATION OF SAID DISTRICT, AND LEVYING AN ASSESSMENT THEREON FOR THE FISCAL YEAR 1978-1979, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Limited Parking The Clerk presented a request from College Park resi- on Princeton dents by petition containing 23 signatures for limited Drive and on parking on Princeton Drive between Harbor Boulevard Carnegie Avenue and Carnegie Avenue, and on Carnegie Avenue between Princeton Drive and Swarthmore Lane. The reason for the request as stated in the petition is that this area has recently become saturated by parking of em- ployees of a commercial company and that this problem appears to be the result.of the employer no longer providing parking for his staff on the company premises. Carl Bureman, 447 Princeton Drive, was present representing the petition signers and showed slides of the parking problem. Elmer Land, 442 Princeton Drive, reported on discussions with employees of Nabors Cadillac of the parking problem and stated that they would definitely prefer to park on the company premises. No representative of Nabors Cadillac was present to speak on this item. Council- woman Hertzog expressed her opinion that if limited parking is granted, it may only result in moving the parking problem further down the street. After further discussion, on motion by Councilman Raciti, Resolution 78-54 seconded by Councilwoman Schafer, Resolution 78-54, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RESTRICTING PARKING ON PORTIONS OF PRINCETON DRIVE AND ON CARNEGIE AVENUE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Revised Parking The Clerk presented a request for approval of revised for ZE-77-45 parking at the Town Center for the South Coast Reper- and ZE-78-04 tory Theatre and the Segerstrom/Prudential office building, in connection with Zone Exception Permits ZE-77-45 and ZE-78-04. The Planning Commission recom- mended approval. The new design proposes: (1) installation of a traffic circle on the south side of Town Center Drive opposite the terminus of Park Center Drive; (2) transfer of 15 parking spaces from the east side of the traffic circle on the South Coast Reper- tory site to the west side of the circle on the office building site; and (3) relocation of the vehicular exit from the underground garage below the office tower from the north side of the garage to the west side of the garage, exiting into the traffic circle. The Planning staff feels that the proposed revisions would provide a well designed and attractive entrance to the theatre and traffic access to Town Center Drive will be consolidated at one point. After brief discussion, on motion by Councilman Raciti, seconded by Vice Mayor Smallwood, and carried, the revised parking design was approved as recommended by the Planning Commission. 1 1 i Request to On motion by Councilwoman Schafer, seconded by Coun- Appeal - Engle cilwoman Hertzog, and carried, a request to appeal ZE-78-77 and the Planning Commission's denial of Zone Exception RA -78-09 ZE-78-77, Redevelopment Action RA -78-09, William F. Engle, 2166 Musial Street, Placentia, for a Condi- Withdrawn tional Use Permit and Redevelopment Project approval for a nude modeling photographic studio, located at 583 West 19th Street, was withdrawn as requested by the applicant's attorney, Cecil Ricks. Preliminary Plan The Clerk presented a request from the applicant and for ZE-78-80 Planning Commission to review the Preliminary Plan Adkinson/Cagney for Zone Exception ZE-78-80, Don R. Adkinson, author- ized agent for William J. Cagney, Post Office Box 1907, Newport Beach, for a Conditional Use Permit for a 111 -unit planned development with a variance from the Condominium Ordinance, minimum building separa- tion standard, and a variance from the Planned Development Ordinance to allow parking and private patios in the required 25 -foot setback, located north of Baker Street, between Babb and Bear Streets, in a pending PDR -MD zone. Environmental Determination: Negative Declaration for General Plan Amendment GP-- P=78-1D. 78-1D.Also presented in connection with the Zone R-78-10 Exception was Rezone Petition R-78-10, Don R. Adkin- .Adkinson/Cagney son, authorized agent for William J. Cagney, for permission to rezone 11.5 acres of property located Hearing Set on the north side of Baker Street, between Babb and Bear Streets, from C1 -CP to PDR -MD. Stewart Woodard, architect for the project, was present to answer questions from the Council and agreed to all the con- ditions required by the City. Doug Clark of the Planning staff provided a presentation on the project and indicated the applicant's desire to have Council approval on the Preliminary Plan before proceeding with the Final Development Plan. R. J. Sprague, 3021 Babb Street, expressed one disagreement with the pro- posed project concerning the access onto Babb Street. After discussion, on motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried, Rezone Petition R-78-10 was set for public hearing on June 5, 1978, at 6:30 p.m. On further motion by Vice Mayor Smallwood, seconded by Councilwoman Schafer, and carried, the Preliminary Plan for Zone Exception ZE-78-80 was approved subject to all conditions. Oral Joe Dooley, 953 Springfield Street, Costa Mesa, spoke Communications in opposition to the proposed use of high pressure sodium vapor lights in the City of Costa Mesa. Mr. Dooley feels that these lights are not adequate and encourage criminal activity. Jim Kennedy of Southern California Edison Company elaborated on the differ- ences between high pressure and low pressure sodium vapor lights and of the energy and kilowatt usage and urged the City to investigate the differences. Councilmanic Councilman Raciti made a motion, seconded by Vice Comments Mayor Smallwood, and carried, Councilwoman Hertzog voting no, instructing the staff to proceed with the necessary steps for annexation of the County proper- ties on the west side of Costa Mesa amounting to 100 acres or less, in the vicinity of Pacific Avenue and Canyon Drive. Time Limit for Mayor McFarland requested the Council to consider a Council Meetings policy setting the hour of 11:00 p.m. for the con- clusion.of business on the Council's Agenda and suggesting that unfinished business be carried over to the following day. The Mayor also recommended that no Executive Sessions be held after the regu- lar Council meetings. During the discussion which followed, several suggestions were made for stream- lining the conduct of business such as not scheduling too many public hearings for one meeting, possibility of setting public hearings for a time certain, and limiting speakers to a reasonable time period. With regard to the Executive Sessions, the Council decided to take no action at this time. A motion was made by Mayor McFarland,- seconded by Vice Mayor Smallwood, and carried, to establish the policy of concluding Council meetings at 11:00 p.m. Redevelopment Mayor McFarland requested discussion and consideration Agency of re-establishing the Council as the members of the Redevelopment Agency. This item was discussed at a recent Council Study Session held for the purpose of establishing City goals and the Council determined that they should become more involved in the Redevel- opment process. During the discussion which followed, the Council Members were in agreement that this action should be taken for several reasons which include the following: expediting decisions, the economy in sav- ing staff time, and the interest in being in the mainstream of the decision-making process in this re- gard. Vice Mayor Smallwood also mentioned the Coun- cil's involvement in making decisions about Route 55 which in turn affect the Downtown Redevelopment. Councilwoman Schafer asked if the City Attorney could prepare the necessary paperwork so that this matter could be set for public hearing at the next meeting. The City Attorney responded in the affirma- tive. On motion by Councilwoman Schafer, seconded by Councilman Raciti, and carried, staff was requested to proceed with the necessary steps to accomplish the change in the Agency membership and set this matter for public hearing at the June 5, 1978, Council meeting. Adjournment to The Mayor adjourned the meeting to an Executive Ses- Executive Session sion at 11:00 p.m. in the first floor Conference Room, and a motion was made by Vice Mayor Smallwood, Claim - Brylla seconded by Councilman Raciti., and carried, to deny Denied the claim of Bernhard Brylla. Adjournment The meeting reconvened in the Council Chambers, and the Mayor declared the meeting adjourned at 11:20 p.m. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of,Cost esa 1 1 1