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HomeMy WebLinkAbout06/05/1978 - City CouncilIla REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 5, 1978 The City Council of the City of Costa Mesa met in regular session on June 5, 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 Pastor Roger Berg, Newport Harbor Lutheran Church. Roll Call Council Members Present: McFarland, Smallwood, Raciti, Hertzog, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services, City Clerk Minutes On motion by Vice Mayor Smallwood, seconded by Council - May 15, 1978 woman Hertzog, and carried, the minutes of the regular meeting of May 15, 1978, were approved as distributed and posted as there were no corrections. Presentations The Mayor announced that the presentations by the by Leisure Leisure Services Department would be conducted later Services in the meeting. Ordinances A motion was made by Vice Mayor Smallwood, seconded by Councilwoman Hertzog, and carried, to read all ordi- nances by title only. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 8, Claim of Richard Amacher. On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, 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 Amendment to On motion by Councilwoman Schafer, seconded by Council - Contract with woman Hertzog, and carried, a letter from the Costa Sanitary Mesa Sanitary District, proposing a change in their District present contract with the City concerning Paragraph 5(b), whereby the District would employ their engineer and attorney directly, was referred to the City Attorney to draw up the needed amendment for review by the City Council. School Crossing A resolution from the City of Westminster concerning Guards school crossing guards, was presented. On motion by Councilwoman Schafer, seconded by Councilwoman Hert- Resolution 78-55 zog, Resolution 78-55, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, URGING THE ADOPTION OF STATE LEGISLATION WHICH PLACES THE RESPONSIBILITY FOR CROSSING GUARDS WITH SCHOOL DISTRICTS, was adopted by the following roll call vote: 21.4 Request for Traffic Study - Pallo Referred to Traffic Commission Reading Folder AYES: Council Members: NOES: Council Members: ABSENT: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer None None A letter from Joseph G. Pallo, 3253 Turlock Drive, Costa Mesa, requesting a traffic study for the fol- lowing locations: the corner of Carmel and South Coast Drives and at both corners of Turlock Drive, and suggesting that stop signs be considered, was referred to the Traffic Commission. 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: Attorney Allen R. McMahon on behalf of Robert Wayne Rodgers; Attorney George Comroe on behalf of Richard E. Chavez; Attorney Mark Whitefield on behalf of Bobby Whitehead and David Scott; and Joseph S. Zimmer. Publication of A resolution from the City of Westminster Ordinances requesting legislators to introduce a bill which would limit the requirements for legal publication of ordinances. Noise Abatement - A resolution from the City of Irvine regarding Orange County Orange County Airport and noise abatement. Airport Harmful Matter A resolution from the City of Buena Park urging to Minors the State Legislature to amend the Penal Code regarding "Harmful Matter to Minors". Vector Control Minutes of the 375th meeting of the Orange District County Vector Control District, held on April 20, 1978. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Plan - Licenses ning Department: Fred Gonzales, Jr., doing business at 2701 Harbor Boulevard, No. E-4; William and Donna George, doing business as 7 -Eleven Food Store No. 2113-13822, 1515 Gisler Avenue; Florenc6 and Fred Cermak, doing business as Finicky Fredi's, 2052 New- port Boulevard, Unit No. 15; and Stonemill End - Enterprises, Incorporated, doing business as Reading Folder Stonemill Terrace, 2715 Red Hill Avenue. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from the Junior League of Newport Harbor, In - Junior League corporated, No. 1 Park Newport Apartments, Newport Beach, by conducting a four-day sale of art and gifts at the Orange County Fairgrounds, November 14 through 17, 1978, was approved subject to one condition of the Finance Department. Set for Public The following items were set for public hearing on Hearing June 19, 1978, at 6:30 p.m., in the Council Chambers of City Hall,: Precise Plan - Adoption of a Precise Plan for the 19th Street 19th Street widening between Fullerton and Park Avenues. Amendment to Zone Exception ZE-77-78A, Jeff Wood, authorized Final Development agent for Byron M. Tarnutzer, 12900 Garden Plan - Grove•Boulevard, Suite 120, Garden Grove, for Wood/Tarnutzer an amendment to Final Development Plan ZE-77-78, establishing permitted commercial uses, located at 2915 Red Hill Avenue, in a PDI zone. En- vironmental Determination: Negative Declaration for Rezone Petition R-77-09. Claim - Richter On motion by Councilwoman Schafer, seconded by Council - Denied woman Hertzog, and carried, the claim of Elizabeth Richter was denied. Claim - Arambula On motion by Councilwoman Schafer, seconded by Council - Denied woman Hertzog, and carried, the claim of Jesse Arambula was denied. Claim - Palacio On motion by Councilwoman Schafer, seconded by Council - Denied woman Hertzog, and carried, the claim of Virginia Palacio was denied. Claim - Galantine On motion by Councilwoman Schafer, seconded by Council - Denied woman Hertzog, and carried, the claim of Bob Galantine was denied. Claim - Ford On motion by Councilwoman Schafer, seconded by Council - Motor Company woman Hertzog, and carried, the claim of Ford Motor Denied Company was denied. Golf Course On motion by Councilwoman Schafer, seconded by Council - Restroom woman Hertzog, a contract was awarded to Bayside Remodeling Builders, 2740 South Harbor Boulevard, Santa Ana, in the amount of $7,800.00, this amount being negotiated Awarded after receiving no bids to complete the work, by the Bayside Builders- following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Change Order No. 1 Change Order No. 1, requested by H. W. Sant Company, to Contract for Post Office Box 3819, Anaheim, contractor, in the Fire Station No. 3 amount of $1,381.26, and a two-day extension in connec- Construction tion with the construction of Fire Station No. 3, was presented. The basis for the changes are to enlarge the driveway to enable fire equipment better maneuver- ability into and out of the Station site, and substi- tuting brick for metal for the wall to decrease long term maintenance cost. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, Change Order No. 1 was approved as presented, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Agreement - Police On motion by Councilwoman Schafer, seconded by Council - Services During woman Hertzog, an agreement with the 32nd District Orange County Agricultural Association for police security services Fair at the Fairgrounds during the Orange County Fair, July 14 through 23, 1978, was approved, and the Chief of Police was authorized to sign said document 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 Grant of Easement On motion by Councilwoman Schafer, seconded by Council - to Edison Company woman Hertzog, a grant of easement to the Southern at TeWinkle Park California Edison Company, for underground electrical P61-6 service at TeWinkle Park, was approved, and the Mayor and Clerk authorized to sign the deed 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 Contract Renewal - The Director of Public Services recommended renewal of Signal the traffic signal maintenance contract with Signal Maintenance Maintenance, Incorporated, 1158 Kraemer Place, Anaheim, in the amount of $17,040.00. This represents an in- crease of 13 percent due to general cost increase and rapid increase in insurance rates. On motion by Coun- cilwoman Schafer, seconded by Councilwoman Hertzog, the contract renewal was 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 Amendment to An amendment to Agreement No. 07-5312 with the State Contract with Department of Transportation (CALTRANS) for the pave- CALTRANS for ment marking program, increasing the previous fund Pavement Marking allotment to allow compensation for sandblasting prior Program to the application of thermoplastic marking, was pre- sented. Since this program is entirely at Federal expense, there is no cost to the City.- On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, the amendment was approved as presented, 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 Improvements Improvements at 248 East 16th Street, in connection for ZE-77-115 with Zone Exception ZE-77-115 have been completed by - Smith Webster Smith, developer, 1133 West Balboa Avenue, Newport Beach, to the satisfaction of the Director of Public Services. On motion,by Councilwoman Schafer, seconded by Councilwoman Hertzog, the im- provements were accepted and the Savings Pass Books, in the total amount of $10,600.00, 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 Final Map for On motion by Councilwoman Schafer, seconded by Council - Tract 10386 - woman Hertzog, Final Map for Tract 10386, John R. Davies Davies and Son, 1720 E. Garry Avenue, Suite 118, Santa Ana, developer; 16 lots and Lot "A", 0.93 acres, for condominium purposes, located at 1933 Maple Avenue, was approved; did also -approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign said map 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 Tentative Improvements at 947 Paularino Avenue, in connection Parcel Map with Tentative Parcel Map S-76-16, have been com- S-76-16 pleted by J. Ray Construction Company, developer, J. Ray 188 East 17th Street, Costa Mesa, to the satisfaction Construction of the Director of Public Services. On motion by Councilwoman Schafer, seconded by Councilwoman Hert- zog, the improvements were accepted and the bonds ordered exonerated, 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 between the City and Sidney Nemzer and Nemzer Susana Nemzer for the acquisition of 9,000 feet of land for the Del Mar Avenue widening, Parcel 3, under Del Mar Avenue the City's hardship acquisition program, was presented. Widening - The agreement stipulates a purchase price of $110,000.00 Parcel 3 for the property with escrow to terminate as soon as possible. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, the agreement was approved as presented, 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 Self-funded Six firms were invited by the City to submit proposals City Workers' for the self-funded Workers' Compensation Program, and Compensation after reviewing the five received, the City Manager Program has recommended continuation of the agreement with Fred S. James and Company, 3435 Wilshire Boulevard, _ Renewal with Los Angeles, since they continue to present the most Fred S. James responsible 'quote from a service and cost standpoint. On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, approval was given for continuation of Fred S. James and Company to provide administrative services for the City's self-funded Workers' Compensa- tion Program as outlined in the current three-year proposal on file with the City Clerk, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Employee Leave On motion by Councilwoman Schafer, seconded by Council - of Absence woman Hertzog, and carried, a request for City employee, Nancy Henthorn, to extend her leave of absence without pay, was approved through August 9, 1978. Council Policy On motion by Councilwoman Schafer, seconded by Council - Revisions for woman Hertzog, and carried, revisions to Council Policy Golf and Country No. 800-2 concerning rules and regulations for the Costa Club Mesa Golf and Country Club, were approved as outlined in the amendment provided to the Council. Radio Extender Authorization was requested to purchase 10 Radio Extender Units Units, compatible with existing communications equip- ment, from Motorola Communications, Incorporated, 2401 Motorola Business Center Drive, Irvine, as a sole source item. Communications On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, the purchase was approved in the amount of $16,000.00, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Bid Item 389 Bids received for Bid Item 389, Turnout Coats and Turnout Coats Bunker Trousers for Fire Service, are on file in the and Bunker Clerk's office. On motion by Councilwoman Schafer, Trousers for seconded by Councilwoman Hertzog, the bid was awarded Fire Service to Wardlaw Fire Equipment, Post Office Box 2088, La Habra, in the amount of $4,552.00, being the lowest Awarded bid meeting specifications, by the following roll call Wardlaw Fire vote: Equipment AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Bid Item 390 Bids received for Bid Item 390, 1,600 Feet of Three - Three -inch inch Fire House, are on file in the Clerk's office. Fire Hose On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, the bid was awarded to Wardlaw Fire Awarded Equipment, Post Office Box 2088, LaHabra, in the Wardlaw Fire amount of $3,664.00, being the lowest bid meeting Equipment specifications, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Bid Item 391 Bids received for Bid Item 391, 1,150 Feet of 1 -1/2- 1 -1/2 -Inch Inch Fire Hose, are on file in the Clerk's office. Fire Hose On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, the bid was awarded to Wardlaw Awarded Fire Equipment, Post Office Box 2088, La Habra,.in Wardlaw Fire the amount of $1,196.00, being the lowest bid meet - Equipment ing specifications, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Bid Item 392 Bids received for Bid Item 392, Furnishing and Fertilizer Spreading of 52.25 Tons of Fertilizer, are on file in the Clerk's office. On motion by Councilwoman Awarded Schafer, seconded by Councilwoman Hertzog, the bid Robinson's was awarded to Robinson's Fertilizer Company, 119 Fertilizer North Olive Street, Orange, being the lowest bid meeting specifications, in the following amounts: Section 1, Golf Course, cost for 23 tons including spreading, $5,106.00; Section 2, Parks Department, cost for 23 tons including spreading, $5,658.00; and Section 3, Parks Department, cost for 6.25 tons of bagged fertilizer, $1,287.50, by the follow- ing roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Bid Item 393 Bids received for Bid Item 393, Furnishing of One One Tractor Tractor, are on file in the Clerk's office. On motion by Councilwoman Schafer, seconded by Council - Awarded woman Hertzog, the bid was awarded to Milo Equipment Milo Equipment Corporation, 1830 East Warner Avenue, Santa Ana, in 1 1 1 1 the amount of $9,250.00, being the lowest bid meet- ing specifications, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Bid Item 394 Bids received for Bid Item 394, One Rotary Mower 90 Rotary Mower Inches Wide, are on file in the Clerk's office. On motion by Councilwoman Schafer, seconded by Council - Awarded woman Hertzog, the bid was awarded to Artesia Imple- Artesia ment, 2506 South Harbor Boulevard, in the amount of Implement $1,370.00, 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 Claim - Amacher Item 8 on the Consent Calendar, the claim of Richard Denied Amacher, was presented. Mr. Amacher was present and expressed his disagreement with the recommendation that his claim be denied. The City Attorney advised the claimant that if the Council denies the claim, his only recourse would be through the courts. On motion by Mayor McFarland, seconded by Councilman Raciti, and carried, the claim was denied. HCD Committee On motion by Vice Mayor Smallwood, seconded by Council - Appointments man Raciti, and carried, the following citizens were appointed to the Housing and Community Development Com- mittee for two-year terms, expiring June 5, 1980: Tom Schworer, voting member; Francis L. Andreen, Jr., alternate; Roberta M. Thompson, alternate; and Charles A. Beck, alternate. Costa Mesa The City Clerk presented a proposed resolution request - Freeway ing action by CALTRANS in regard to Route 55 through the City of Costa Mesa. The Director of Public Services gave a brief resume of a meeting he had with the staff of CALTRANS in which they discussed the the City's re- quirements which are detailed in Exhibits "A" and "B" of the proposed resolution. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, asked questions regarding the Environmental Impact Report for this project and was advised that this document would be the responsibility of the State. Tom Nelson, 283 Lilac Lane, Costa Mesa, urged the Council to be very clear and specific as to the City's goals when dealing with the Department of Transportation, so that there would be no misunder- standings between the City and CALTRANS. Mr. J. C. Humphries, representing Costa Mesa Tomorrow, expressed support of the proposed resolution and felt that the Environmental Impact Report would show that a freeway route was the only solution to the traffic problem on Newport Boulevard. Mr. Humphries also suggested Council appointment,of a Blue Ribbon Committee to assist the City in promoting the improvements of Route 55, and also recommended that members be selected from the Council, Planning Commission, Chamber of Commerce, Costa Mesa Tomorrow Committee, and various homeowner groups. Mr. Polans again spoke in regard to the cost of the Environmental Impact. Report and was advised that this was not a City ex- pense. After discussion, on motion by Vice Mayor Smallwood, seconded by Councilwoman Hertzog, Resolu- Resolution 78-56 tion 78-56, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING ACTION BY THE CALIFORNIA DEPARTMENT OF TRANSPORTATION ON FUL- FILLING TRANSPORTATION AND SAFETY NEEDS ALONG ROUTE 55 (FREEWAY) THROUGH THE CITY OF COSTA MESA, and author- izing staff to forward a copy of the resolution to all Orange County cities, Southern California Association of Governments (SCAG), and the Orange County Road Department, was adopted by the following roll call vote: AYES: Council Members:_ McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Final Development On motion by Councilman Raciti, seconded by Council - Plan - McLain woman,Hertzog, Ordinance 78-26, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 78-26 CONCERNING THE ADOPTION OF THE FINAL DEVELOPMENT PLAN Adopted OF McLAIN DEVELOPMENT COMPANY FOR THE PLANNED DEVELOP- MENT LOCATED AT THE SOUTHEAST CORNER OF SUNFLOWER AVE- NUE AND FAIRVIEW ROAD, 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 R-78-09 On motion by Vice Mayor Smallwood, seconded by Council- woman'Schafer, Ordinance 78-27, being AN ORDINANCE OF Ordinance 78-27 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted 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 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 Warrant On motion by Vice Mayor Smallwood, seconded by Council - Resolution 1035 woman Schafer, Warrant Resolution 1035, including Pay- rolls,7810 and 7811, 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 Councilwoman Hertzog, seconded by Vice Resolution 1036 Mayor Smallwood, Warrant Resolution 1036 was approved by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Presentations by Mayor McFarland and Donna Adam of the City's Leisure Leisure Services Services Department presented appreciation plaques to those citizens who had contributed generously to the Therapeutic Recreation Program for the Develop- mentally disabled: Cliff and Ruth Vest, representing Cliff's Auto Repair, donation of $700.00; George Moeller, representing City Auto Parts, donation of $700.00; Audrey Fisher and Carol Stocker, represent- ing the Newport -Mesa School District Transportation Department employees, donation of $200.00; Stanley Rodriquez of Steck's Personalized Sweat Shirts, dona- tion of 30 T-shirts; Mrs Jonas Schultz, and to Mr. Schultz who was not in attendance, for their support 1 1 1 'in seeking contributions. Others who will receive an appreciation plaque but who were not in attendance: James Sullivan, representing Banning Battery, donation of $100.00; Christ Lutheran Church, donation of their gymnasium facility; and Louis Jaussaud of Coast Auto- matic Transmission, donation of $700.00. Initiative The City Attorney reported on the progress of the Litigation Arnel lawsuit in connection with the Initiative Hertzog,.Schafer Measure on the March 7, 1978, a motion for summary judgment ballot, was as follows: denied, a pretrial ABSENT: Council Members: None hearing has been set for June 6, 1978, and a tentative The Planning Director requested Council direction in trial date set for June 19, 1978. connection with Specific Plan SP -78-01 which was con- Acquisition of The City Attorney reported on the acquisition of the "Super Block" remaining properties within the "Super Block", stat - Properties ing that final payment on the Calhoun property will be made on June 6, 1978, and acquisition of the Parks property is near completion. Noise Element Proposals received for noise consulting services Consulting relative to the Noise Element of the General Plan, Services are on file in the Planning Department. The City Manager recommended that the contract be awarded to Awarded Hilliard and Bricken, in the amount of $4,400.00, Hilliard and being the lowest and most desirable proposal re- Bricken ceived. On motion by Councilwoman Schafer, seconded by Vice Mayor Smallwood, award of the contract 'as recommended was approved by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Revenue Sharing The City Manager, on behalf of the Council Committee, Funds for Social presented recommendations for the allocation of 1977 - Organizations 78 Federal Revenue Sharing funds for social organiza- tions as follows: (1) Youth Employment Service, YES, $3,900.00, counselor's salary for six-month period; (2) FISH, Harbor Area, $3,625.00, rental assistance; (3) Interfaith Counseling Service, $3,000.00, coun- seling persons with emotional problems; and (4) Girl Scout Council, $350.00, repair in Girl Scout House. On motion by Vice Mayor Smallwood, seconded by Coun- cilwoman Hertzog, allocation of funds for Items 1, 2, and 4, was approved by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None On motion by Vice Mayor Smallwood, seconded by Coun- cilwoman Hertzog, allocation of funds for Item 3 was approved by the foll6wing roll call vote: AYES: Council Members: Smallwood, Raciti, Hertzog,.Schafer NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: McFarland SP -78-01 The Planning Director requested Council direction in Segerstrom connection with Specific Plan SP -78-01 which was con- tinued to the meeting of July 3, 1978. This continu- ation was made by Council at their April 3, 1978, meeting io give staff time to add the Arnel property to the Plan area and to rewrite the proposal to specifically apply to the new R1 zoning. Due to the uncertain outcome of the pending litigation concern- ing the Arnel property, the Planning Director re- quested Council instruction to either go forward with preparation of the Specific Plan, or discon- tinue further staff work on the project due to the pending litigation. The Mayor expressed his desire that staff proceed with the completion of the Plan for consideration at the July 3, 1978, meeting, and should the Initiative Measure be reversed by the Court, the Plan could be amended accordingly. The Planning Director responded that due to the public hearing at the Planning Commission level, this item could not be brought back to Council until July 17, 1978. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried, the Planning staff was directed to proceed with preparation of the Specific Plan to include the Arnel property, with the stipulation that the continued public hearing which is scheduled for July 3, 1978, be held over until July 17, 1978, as requested by the Planning Director. General Plan The Director of Planning reported that three property Amendment owners within the Initiative Measure area have Moratorium attempted to file General Plan Amendments which he has rejected because of the pending litigation and the General Plan Amendment moratorium. He further stated that appeals to his decision are being filed for the Planning Commission's consideration at their June 12, 1978, meeting and that the matter will come forward to the Council thereafter. Recess The Mayor declared a recess at 8:00 p.m. and the meeting reconvened at 8:10 p.m. Public Hearing The Clerk announced that this was the time and place 1978-79 Revenue set for the public hearing for public comment in Sharing Funds connection with allocation of Federal Revenue Sharing Entitlement funds for the Fiscal Year 1978-79 Budget, in the amount of $900,000.00. The Affidavit of Pub- lication is on file in the Clerk's office. No com- munications have been received. The City Manager advised that Virgil Kimple, 666 West 19th Street, Costa Mesa, had expressed his opinion to him that a portion of these funds should be allocated for con- struction of the planned Community Center in Lions Park. There being no speakers, the Mayor closed the public hearing and no action by Council was required. Public Hearing The Clerk announced that this was the time and place Redevelopment set for the public hearing to consider the adoption Agency Members of an ordinance, pursuant to California Health and Safety Code Sections 33101 and 33200, declaring the City Council to be the Redevelopment Agency of the City of Costa Mesa. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office, and copies of the Report of the City Council of the City of Costa Mesa have been made available to the public prior to and at the Council meeting. One communication has been received from Jack Polans, 2864 Royal Palm Drive, Costa Mesa, stating his desire to speak before the Council this evening in regard to this item. Larry Courter, 3269 Nebraska Lane, member of the present Redevelopment Agency, spoke in opposi- tion to the proposed ordinance and requested the Council to delay action until he could obtain more information. Alvin Pinkley, former Mayor of Costa Mesa, 1833 Fullerton Avenue, Costa Mesa, spoke in favor of the Council becoming the Redevelopment Agency members since they are elected officials and the deci- sions should rest with -them. Mr. Pinkley also took 1 1 1 this opportunity to express thanks and appreciation on behalf of himself and Mrs. Pinkley (Lucy) for naming one of the new City parks "Pinkley Park" in their honor. Jack'Polans, spoke in opposition to the proposed changeover of the Redevelopment Agency membership. Doctor Tom Nelson, present member of the Agency, 283 Lilac Lane, Costa Mesa, briefly out- lined the accomplishments of the present Agency including the 19th Street widening study; redevelop- ment study of property bounded by 18th Street, Park Avenue, 19th Street, and Harbor Boulevard; purchase of property located at Center Street and Harbor Boulevard; and preparation to sell bonds for future projects. There being no other speakers, the Mayor closed the public hearing. After Council discussion, on motion by Councilman Raciti, seconded by Vice Mayor Smallwood, based on the findings set forth in the Council's Report and in the proposed ordinance, Ordinance 78-28 Ordinance 78-28, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW,,DECLARING THE MEMBERS OF THE CITY COUNCIL AS THE REDEVELOPMENT AGENCY OF THE CITY OF COSTA MESA, was given 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 Prerequisites The Clerk announced that this was the time and place for Zone set for the public hearing to consider a proposed Exception ordinance amending Title 13 of the Costa Mesa Munici- Permits pal Code, adding a condition to the prerequisites necessary for granting a Zone Exception Permit, re - Held Over quiring that the use allowed by a Zone Exception Permit be consistent with the land use designation of the General Plan. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, and car- ried, this item was continued for 30 days, to the meeting of July 3, 1978, at 6:30 p.m. Public Hearing The Clerk announced that this was the time and place SP -78-02 set for the public hearing to consider Specific Plan SP -78-02, to include additional development standards and land use policies, zoning and circulation 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. The Affidavit of Publication is on file in the Clerk's office. One communication has been received from Ted A. Werkhoven, 3067 Platte Drive, Costa Mesa, in opposition to the proposed plan. Three options are detailed, in the document, "Specific Plan, SP -78-02, Baker Street and Paularino Avenue", dated April, 1978. The Planning staff has recommended the following: (1) Adoption of Option III, which specifies the need for a through street between Baker Street and Paularino Avenue and that construction of said street, referred to as Street "A", be prior to or in conjunction with the first development of the affected properties; and (2) Council direct staff to initiate procedures to develop a Precise Plan for Street "A", and because of the importance of the street, immediate attention be given to the specific design and alignment desired. Option III contains a density incentive to encourage parcel consolidation. Michael Ray, 188 East 17th Street, Costa Mesa, repre- senting his father,•Jim Ray, owner of Lots 15 and 16 of the subject properties, expressed his opinion that the property owners should be given the opportunity to present their own plan before Council takes action on this item. Mr. Ray also stated that if Street "A" is approved, owners of the lots affected, namely Lots 2 and 15, should be compensated by the City, possibly by not requiring street dedications. Jorge Alvarez, 1947 Killdeer Circle, Costa Mesa, representing the Janes Company, expressed his desire for R3 zoning, but urged Council to come to a speedy decision so that development could be started without further delay. There being no other speakers, the Mayor closed the public hearing. During Council discus- sion the Director of Planning offered clarification of the fact that the Specific Plan, as written, does not involve zoning, but two sentences in the report refer to R4 density, and if the Council desires, a modification could be made to exclude this zoning. Doug Clark of the Planning staff also pointed out that the Specific Plan Implementation on Page 6 of the document is the same as the Plan for Victoria Street. On motion by Councilwoman Schafer, seconded Resolution 78-57 by Vice Mayor Smallwood, the Negative Declaration of Environmental Impact was adopted, and Resolution 78- 57, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF COSTA MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN SP -78-02 FOR PROPERTY LOCATED ON BAKER STREET AND ON PAULARINO AVENUE, approving Option III, amended as follows: Page 2, Subsection B, third paragraph, should now read: "As a means of further- ing this objective, this Specific Plan offers density incentives to encourage lot combination. All of the parcels will retain the existing R2 zoning. R3 will be offered to applicants who combine parcels for development purposes. Zoning will also be dependent on circulation arrangements"; Page 3, last paragraph, should now read: "This Option contains a density incentive to -encourage parcel consolidation which would apply to the Paularino Avenue properties as well as those on Baker Street. R3 zoning would be available for those properties with two acres in lot area", was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Further, the Director of Planning confirmed with the Council that their approval of the Plan did not in- clude a decision as to the method to be utilized for installation of -Street "A", and requested that a motion be made to this effect. A motion was made by Councilwoman Schafer, seconded by Vice Mayor Small- wood, directing the staff to prepare precise alignment studies for Street "A", and also to prepare additional detail with regard to the mechanics of financing the street, and any reference made in the Specific Plan to date that would deal with either the precise alignment or the method of construction, be held over to a later public hearing. The motion carried unanimously. Recess The Mayor declared a recess at 9:30 p.m. and the meet- ing reconvened at 9:40 p.m. 1 1 1 Public Hearing The Clerk announced that this.was the time and place R-78-10 set for the public hearing for Rezone Petition R-78- Adkinson/Cagney 10, Donald R. Adkinson, authorized agent for William J. Cagney, 550 Newport Center Drive, Newport Beach, for permission to rezone 11.5 acres of property, located on the north side of Baker Street between Babb and Bear Streets, from C1 -CP to PDR -MD, Planned Development Residential - Medium Density. Environmental Determination: Negative Declaration for General Plan Amendments GP -77-2E and GP -78-1D. The Affidavit of Publication is on file in the Clerk's office. No communications have been re- ceived. The Planning Commission recommended approval based on Sections II and III of the Staff Report, and the Commission's request that second reading to the ordinance be continued until the Final Development Plan, ZE-78-80, is approved by the City Council. Stewart Woodard, 180 North Center Street, representing the applicant, was present and spoke in support of the petition. There being no other speakers, the Mayor closed the public hearing. Based on the findings of the Planning staff, a motion was made by Councilwoman Schafer, seconded by Councilwoman Hertzog, giving Ordinance 78-29 first reading to Ordinance 78-29, being AN ORDINANCE First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF LOTS 6 AND 7 AND A PORTION OF LOT 8, BLOCK B, BERRY TRACT, FROM CL -CP TO PDR -MD, and delaying second reading and adop- tion until after the Council has approved the Final Development Plan, 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-78-11 set for the public hearing to consider Rezone Petition R-78-11, Costa Mesa City Council, for permission to Held Over rezone property bounded by Baker and Bear Streets, and the Corona del Mar Freeway, from C1 -CP and Al to Cl. Environmental Determination: Negative Declaration for General Plan Amendment GP -78-1D. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval based on Sections II and III of the Staff Report. There being no speakers, the Mayor closed the public hearing. During Council discussion, concern was expressed regarding possible traffic problems in this area with the Cl zoning. On motion by Vice Mayor Smallwood, seconded by Coun- cilwoman Hertzog, and carried, the public hearing was continued to the meeting of June 19, 1978, in order that staff could investigate the possibility of AP, CL, or alternative zoning. CHILDSPACE The Clerk presented a request from Richard C. Schnet- Program zer, 2818 Loreto Avenue, Costa Mesa, and Maryann Sneed, on behalf of the CHILDSPACE Program, for Denied waiver of the $50.00 application fee for a Use Permit. Maryann Sneed, 1259 Victoria Street, Costa Mesa, was present and spoke in support of the program, stating that they were in the process of filing papers for a nonprofit corporation status, but that this organi- zation was duly licensed by the State. Miss Sneed also answered questions from the Council concerning their child care program. The following Costa Mesa residents spoke in support of the request: Richard C. and Georgia Schnetzer; Louise Aguirre, 2390 Elden Avenue; Susan St. Loren; and Ton Tran, Paularino Avenue. The City Manager pointed out to the Council that the City could not waive the Use Permit fee until a nonprofit corporation status was obtained, and also suggested'that the fee be paid and a refund requested when this organization received their approval. After discussion, on motion by Vice Mayor Smallwood, seconded by Councilwoman Schafer, and carried, Councilman Raciti voting no, the request was denied. Councilman Raciti requested that the applicants meet with him after the meeting to discuss whether he could be of assistance in obtaining a donation to cover the cost of the fee. Marathon Race The Clerk presented a request from Steve Olson, 32nd District Agricultural Association, 88 Fair Drive, Costa Mesa, to hold a 7.5 -mile marathon on July 9, 1978, and a request for waiver of the special events fee. The proposed' route is out- lined in Mr. Olson's letter to the Council. Steve Olson was present on behalf of Mike Turin, pro- moter of the event, and answered questions from the Council. On motion by Vice Mayor Smallwood, seconded by Councilwoman Schafer, and carried, the marathon race was approved subject to the recommendations of the Police Department. On further motion by Vice Mayor Smallwood, seconded by Councilwoman Schafer, and carried, waiver of the special events fee was denied. Request for The Clerk presented a request from Juan A. Magnone, Rehearing - Eko Shelter Ads, 2700 East Coast Highway, Suite IA, Eko Shelter Ads Corona del Mar, for a rehearing of a bus shelter proposal, which was denied by Council on April 3, Denied 1978. Mr. Magnone was present and spoke in support of his proposal. On motion by Vice Mayor Smallwood, seconded by Councilwoman Schafer, and carried, the, request for rehearing was denied. Request for The Clerk presented a request from Don Howland, Rehearing - 1920 Swan Drive, Costa Mesa, for reconsideration Howland of the'Council's decision on March 6, 1978, pro - Prohibition hibiting parking on portions of Victoria Street, of Parking on and also requesting that parking be allowed 225 Victoria Street feet on the south side of Victoria Street west of his property at 1101 Victoria Street. Mr. Howland Denied was present and answered questions from the Council. On motion by Vice Mayor Smallwood, seconded by Councilwoman Schafer, and carried, the request for rehearing was denied. Mayor Leaves Mayor McFarland left the meeting briefly and there- fore did not participate in voting on the next item. Request for The Clerk presented a request from Jack Gerwick, Rehearing - authorized agent for Fred Gerwick, No. 126 Bayside Gerwick Village, 300 East Coast Highway, Newport Beach, for ZE-78-62 and an appeal hearing of Zone Exception ZE-78-62, RA -78-07 Redevelopment Action RA -78-07, for a variance and project approval to encroach into the required rear Hearing Set yard setback to construct two residential units at 135 Flower Street, in an R2 zone, which was denied by both the Planning Commission and Redevelopment Agency. Environmental Determination: Exempt. Jack Gerwick, 960 Springfield Street, Costa Mesa, repre- senting -his father, was present and answered ques- tions from the Council. On motion by Councilwoman 1 1 1 1 1 Schafer, seconded by Councilwoman Hertzog, and car- ried, Mayor McFarland absent, the request was granted and a public hearing set for June 19, 1978, at 6:30 .p.m. Mayor Returns Mayor McFarland returned to the Council table at this time. Sunset Bluffs The Clerk presented a proposed annexation to the City, Annexation to designated Sunset Bluffs Annexation. On motion by the City Councilman Raciti, seconded by Vice Mayor Smallwood, Resolution 78-58, being A RESOLUTION OF THE CITY COUN- Resolution 78-58 CIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY KNOWN AS SUNSET BLUFFS ANNEXATION ANNEXED TO THE CITY OF COSTA MESA WITHOUT HEARING OR ELECTION, 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 On motion by Councilwoman Schafer, seconded by Vice Comments Mayor Smallwood, and carried unanimously, a Council Policy establishing 11:00 p.m. as a time limit for Council Meeting Council meetings, except for extenuating circum - Time Limit stances, and providing that in the event there is unfinished business on the Agenda, the Council will adjourn to the next afternoon at 4:00 p.m. in the Council Chambers of City Hall to complete the busi- ness remaining on the Agenda. Study Session At the request of the City Manager, a Study Session was scheduled for Wednesday, June 7, 1978, at 2:00 p.m., in the fifth floor Conference Room of City Hall, to discuss the 1978-79 Budget. Adjournment The Mayor adjourned the meeting at 10:45 p.m. Mayor of the City of tosta Mesa ATTEST: City Clerk of the City of Costa esa 227