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HomeMy WebLinkAbout08/21/1978 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 21, 1978 The City Council of the City of Costa Mesa met in regular session on August 21, 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 Harold Anderson, First Baptist Church. Roll Call Council Members Present: McFarland, Raciti, Hertzog, Smallwood Council Members Absent: Schafer Officials Present: City Manager, City Attorney, Planning Director, Director of Public Services, City Clerk Minutes On motion by Vice Mayor Smallwood, seconded by Coun- August 7 and cilwoman Hertzog, and carried, the minutes of the August 9, 1978 regular meeting of August 7, 1978, and the adjourned regular meeting of August 9, 1978, were approved as distributed and posted as there were no corrections. Appointment of On motion by Councilman Raciti, seconded by Vice Mayor Bill Bandaruk Smallwood, and carried, Bill Bandaruk was appointed as to the Vector Costa Mesa's representative to the Orange County Vec- Control District for Control District, to fill the unexpired term of Hank Hornsveld. Mr. Bandaruk's term expires on December 31, 1980. Congressman On motion by Councilwoman Hertzog, seconded by Mayor Badham McFarland, Resolution 78-81, being A RESOLUTION OF Commended THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CONGRATULATING CONGRESSMAN ROBERT E. BADHAM Resolution 78-81 UPON REACHING THE MILESTONE OF SIXTEEN YEARS OF PUB- LIC SERVICE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer Frank Houston Mayor McFarland presented a plaque to Jane Houston, Presentation widow of Frank Houston, 20 -year employee of the Costa Mesa Fire Department. Ordinances A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Smallwood, and carried, to read all ordinances by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 4, Application for rate increase from Orange Coast Yellow Cab; and Item 7, Claim of Roland Fleury. On motion by Councilwoman Hertzog, 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 NOES: Council Members: None ABSENT: Council Members: Schafer Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Claims The following claims were received by the City Clerk and no action was required: Aetna Casu- alty and Surety Company, on behalf of Seymour Linker; Attorneys McDermed and Monroe, on be- half of Helen R. Rask; and Syed J. H. Kazmi. Public Utilities Notice of a hearing from the Public Utilities Commission Commission, relating to investigation on the Commission's own motion into the effect of the addition of Article XIII A to the Consti- tution of the State of California on the rates of the California public utilities and transportation companies, subject to the rate making power of the Commission. Notice from the Public Utilities Commission resetting the hearing in the matter of Appli- cation No. 58126, Air California's request to increase its intrastate passenger fares. Alcoholic Alcoholic Beverage License applications for Beverage which parking was approved by the Planning Licenses Department, from: Douglas D. Noonan and Harry H. Noonan, doing business at 1899 Park End - Avenue; and Marcial C. Gallardo, doing busi- Reading Folder ness as Mitla's, 547 West 19th Street. Business Permits Notice of Intention to Appeal or Solicit for Charitable Purpose from the Cystic Fibrosis Foundation, Orange Cystic Fibrosis County Chapter, 1782 West Lincoln Avenue, Suite D, Foundation Anaheim, by door-to-door solicitation, November 4, 1978, through December 10, 1978, was approved with applica- tion of Section 9-234J of the Costa Mesa Municipal Code. Leukemia Society Notice of Intention to Appeal or Solicit for Charitable of America Purpose from the Leukemia Society of America, Incorpor- ated, Tri -County Chapter, 9778 Katella Avenue, Anaheim, by money pledges, September 15, 1978, through October 15, 1978, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Set for Public The following item was set for public hearing Septem- Hearing ber 5, 1978, at 6:30 p.m., in the Council Chambers of City Hall: R-78-13 Rezone Petition R-78-13, Costa Mesa City Coun- cil, for permission to rezone property located at 2160, 2166, and 2172 College Avenue, and at 396 Victoria Street, from AP to R2. Environ- mental Determination: Negative Declaration adopted for General Plan Amendment GP -78-2B. Claim - Schmok On motion by Councilwoman Hertzog, seconded by Vice Denied Mayor Smallwood, and carried, the claim of George Schmok was denied. Claim - Bruss On motion by Councilwoman Hertzog, seconded by Vice Denied Mayor'Smallwood, and carried, the claim of Riene E. Bruss was denied. Motorola Coronary Authorization was requested to purchase one Coronary Radio Equipment Observatton Radio from Motorola Communications and Electronics, Incorporated, 2041 Business Center Drive, Sole Source Irvine, as a sole source item. On motion by Council - Purchase woman Hertzog, seconded by Vice Mayor Smallwood, the purchase was approved in the amount of $4,700.00, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer Records'Destruction On motion by Councilwoman Hertzog, seconded by Vice in City Attorney's Mayor Smallwood, Resolution 78-82, being A RESOLUTION Office OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AUTHOR- The Traffic Commission has recommended prohibition of IZING RECORDS DESTRUCTION FOR THE CITY ATTORNEY'S Resolution 78-82 OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NUMBER 75-60, was adopted by the following roll call with tow -away provisions. On motion by Councilwoman vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, 78-86, being A RESOLUTION OF THE CITY COUNCIL OF THE NOES: Council Members: None ABSENT: Council Members: Schafer Prohibition of The Traffic Commission has recommended prohibition of Parking on Anton parking on Anton Boulevard at the Downey Savings and Boulevard Loan Building, in order to aid ingress and egress at the new building site. On motion by Councilwoman adopted by the following roll call vote: Hertzog, seconded by Vice Mayor Smallwood, Resolution Resolution 78-83 78-83, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING Raciti, Hertzog ON A PORTION OF ANTON BOULEVARD, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, ABSENT: Council Members: Schafer Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer Stop Sign on The Traffic Commission has recommended establishing a Carmel Drive stop sign on Carmel Drive at South Coast Drive on the basis of volume and sight distance. On motion by Councilwoman Hertzog, seconded by Vice Mayor Smallwood, Resolution 78-84 Resolution 78-84, being A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A STOP SIGN ON CARMEL DRIVE AT SOUTH COAST DRIVE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer Time -Limit The Traffic Commission has recommended time -limit Parking on parking at 1297 Logan Avenue because the existing red Logan Avenue curb is no longer required. On motion by Councilwoman Hertzog, seconded by Vice Mayor Smallwood, Resolution Resolution 78-85 78-85, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING 24 -MINUTE PARKING ON PORTIONS OF LOGAN AVENUE, was adopted by the following roll call vote: - AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer Prohibition of The Traffic Commission has recommended prohibition of Parking on parking on Wallace Avenue for street sweeping purposes, Wallace Avenue with tow -away provisions. On motion by Councilwoman Hertzog, seconded by Vice Mayor Smallwood, Resolution Resolution 78-86 78-86, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON TUESDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON WALLACE AVENUE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer Tract 9381 The improvements in connection with Tract 9381, 2159 Smith Canyon Drive, for condominium purposes, have been completed by Dana H. Smith, 3345 Newport Boulevard, Suite 205, Newport Beach, to the satisfaction of the Director of Public Services. On motion by Council- woman Hertzog, 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 NOES: Council Members: None ABSENT: Council Members: Schafer Notice of Street Improvements for 22nd Street from the Westerly Completion Frontage Road of Newport Boulevard to 450 Feet East - 22nd Street erly, have been completed by A. M. Construction, Widening Incorporated, 10727 Leland Avenue, Whittier, to the satisfaction of the Director of Public Services. On motion by Councilwoman Hertzog, 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 follow- ing roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer A.H.F.P. 665 On motion by Councilwoman Hertzog, seconded by Vice Placentia Avenue Mayor Smallwood, Resolution 78-87, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 78-87 FORNIA, REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATED FUNDS FOR ARTERIAL HIGHWAY FINANCING _PROGRAM 665; PLACENTIA AVENUE, increasing funds in the amount of $66,222.63, was adopted by the follow- ing roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer Orange Coast Item 4 on the Consent Calendar, a letter from Herman Yellow Cab Rate Tate, President, Orange Coast Yellow Cab, Incorpor- Increases ated, 17300 Mt. Herrmann Street, Fountain Valley, requesting a rate increase, was presented. The Hearing Set applicant was not present. After discussion, on motion by Councilman Raciti, seconded by Council- woman Hertzog, and carried, this item was referred to the Director of Finance, and a public hearing was set for November 6, 1978, at 6:30 p.m. Claim - Fleury Item 7 on the Consent Calendar, the claim of Roland Fleury, was presented. The claimant was present and Denied inquired about the reasons for denial. On motion by Councilman Raciti, seconded by Mayor McFarland, and carried, the claim was denied for the following reasons: no prior notice to the City of the existance of the hole in the street; a strong possibility that claimant failed to exercise due care in his own driv- ing so as to avoid the hole; and inexplicable increase from the original claim of $150.00 to a present amount of $538.00. Bikeway Improvement of bikeways on Adams Avenue, which was Improvements first brought before the Council on June 19, 1978, and referred to the Traffic Commission, was presented. The Traffic Commission has recommended the following: Re-establishment of the Bicycle Trails Committee to review, update, modify as needed, and make recommenda- tions for implementation of the Master Plan of Bikeways; Planned A request was presented from Rutan and Tucker, 401 Development Civic Center Drive West, Santa Ana, representing ZE-76-208A - Arnel Development Company, for a one-year extension Arnel of the approval of Planned Development ZE-76-208A, located at the southwest corner of Bear Street and that the Committee be comprised mainly of non- technical representatives from bicycle industry/ bicycle clubs, school districts, the Traffic Com- mission, homeowners associations, and/or citizens at large; that representatives from the City's Planning, Police, and Public Services Departments act as technical advisors; and, lastly, that Traf- fic Commissioner Robert Graham be appointed Chairman of the Committee. Mr. Graham was present and expressed his opinion favoring a Bicycle Trails Committee, and also urged that immediate attention be given to this matter. Councilman Raciti sug- gested that further action be delayed until completion of the City's General Plan update inas- much as the Bikeways Element is included in this study. Councilwoman Hertzog concurred with delay- ing action at this time, and made a motion, seconded by Councilman Raciti, and carried, directing the Planning and Engineering Departments to advise the Council when a citizens committee could be involved, and if at any time there are changes in the develop- ment of the City that would hamper the present plan, that the Council be notified prior to voting on such issues. ZE-78-77 A request for Council action at the Sunshine Studio, Sunshine Studio 583 West 19th Street, was presented. A letter has been received from Thomas Henderson, Jr. of Lippold, Operating in Henderson and Dinsmoor, Attorneys at Law, 350 East Violation 17th Street, Suite 111, Costa Mesa, urging the Council to close down the Studio as soon as possible. The Planning Director summarized activities of the Sunshine Studio in the City beginning in February, 1978, when application was made for a Business Per- mit, to the present time. The Planning Director also pointed out that Sunshine Studio is in violation of the City's Land Use Ordinance and that the Plan- ning Commission denied application for Zone Exception ZE-78-77, for a nude modeling studio, on April 24, 1978. The Planning Director further stated that in addition to the land use violation, the Studio also has three signs that are in violation of the Sign Ordinance. Martin Goldberg, 301 El Camino Real, Tustin, representing Sunshine Studio, stated his clients are operating legally because they have ob- tained a business license from the City which allows them to operate. He further stated that his clients had been in touch with the Planning Department and were ready to comply with fencing and landscaping requirements. The following persons spoke in opposi- tion to the Studio: Mike Lennon, 1014 Linden Place, Costa Mesa; Gary Kerwin on behalf of Jim Kerwin, Pastor of the Antioch Community Church, 756 Center Street, Costa Mesa; Zinada Davis, Administrator for Bethel Towers Senior Citizens Residence, 66 West 19th Street, Costa Mesa; and Donald Thurman, Pastor of the Church of the Nazarene, 1885 Anaheim Avenue, Costa Mesa. After further discussion, on motion by Councilwoman Hertzog, seconded by Vice Mayor Small- wood, and carried, the City Attorney was directed to file preliminary and permanent injunctions against the Studio. Recess The Mayor declared a recess at 7:40 p.m., and the meeting reconvened at 7:50 p.m. Planned A request was presented from Rutan and Tucker, 401 Development Civic Center Drive West, Santa Ana, representing ZE-76-208A - Arnel Development Company, for a one-year extension Arnel of the approval of Planned Development ZE-76-208A, located at the southwest corner of Bear Street and South Coast Drive. The Mayor reminded the Council that this permit expires on September 1, 1978. The extension is needed because of pending litigation in connection with the R1 zoning for this property which was the result of the Initiative Measure on the March 7, 1978, ballot. Based on these facts, a motion was made by Councilwoman Hertzog, seconded by Mayor McFarland, and carried, to extend the per- mit to September 1, 1979, as requested by the applicant. Warrant On motion by Mayor McFarland, seconded by Council - Resolution 1043 woman Hertzog, Warrant Resolution 1043, including Payroll 7816, was approved .by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer Voter The City Attorney reported on a resolution by the Registrations League of Cities pertaining to voter registrations. Councilwoman Hertzog stated that action on this subject was already taken by the League and that the City abstained at that time. Proposed Bingo The City Attorney also reported on the progress of Ordinance a proposed Bingo.Ordinance and requested that it be referred to staff for revisions prior to the scheduled Council discussion at the Study Session of September 11, 1978, and further advised of the possibility that the ordinance would not be ready by that date. Fallon The City Attorney requested authorization to defend Litigation employees of the City named in the Fallon lawsuit with reservation of rights. On motion by Council- man Raciti, seconded by Councilwoman Hertzog, and carried, the request was approved. Condemnation The City Attorney requested an Executive Session Actions to discuss litigation, specifically condemnation actions. The Mayor referred this to the end of the meeting. "Man in The City Manager presented an agreement between the Washington" Consortium Cities of Orange County and the National Agreement Center of Municipal Development, Incorporated, for the "Man in Washington" program, at a cost of $18,730.00 per city. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer Public Hearing The Clerk announced that this was the time and place R-78-12 set for the public hearing for Rezone Petition R-78- Strozier/The 12, Hardy Strozier, authorized agent for The Irvine Irvine Company Company, 550 Newport Center Drive, Newport Beach, for permission to prezone property located south of Bristol Street, west of the Newport Beach Public Golf Course, north of the Santa Ana -Delhi Drainage Channel, and 110 feet easterly of Santa Ana Avenue, from Al -CP (Agricultural) to PDC (Planned Develop- ment Commercial). Environmental Determination: Negative Declaration adopted for General Plan Amend- ment GP -78-2A. The Affidavit of Publication is on 1 1 file in the Clerk's office. No communications have been received. The Planning Director pointed out that The Irvine Company has applied for the annexa- tion of this property to the City of Costa Mesa. The Orange County Local Agency Formation Commission approved this request in April, 1978. This area was the subject of a General Plan Amendment in June, 1978, and at that time the land use designation of the subject property was changed from Public and Semi -Public to General Commercial. The prezone application is proposing the Planned Development Commercial zoning which is consistent for this area. The Planning staff has found that their initial study and the adopted Negative Declaration for Gen- eral Plan Amendment GP -78-2A adequately address the environmental concerns of the subject property. The Planning Commission recommended approval of the Planned Development Commercial designation. On motion by Councilman Raciti, seconded by Council - Ordinance 78-35 woman Hertzog, Ordinance 78-35, being AN ORDINANCE First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, PREZONING CERTAIN UNINCORPORATED TERRITORY ADJOINING THE CITY BOUNDARY, FROM COUNTY Al -CP TO CITY PDC, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer Bristol/Red Hill The proposed Bristol/Red Hill Annexation to the City Annexation to of Costa Mesa, continued from the meeting of July 17, the City 1978, was presented. Mr. Strozier, representing The Irvine Company, spoke in support of immediate ap- proval of the annexation. On motion by Councilwoman Resolution 78-88 Hertzog, seconded by Mayor McFarland, Resolution 78-88, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING AND ORDER- ING CERTAIN TERRITORY KNOWN AS BRISTOL/RED HILL 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 NOES: Council Members: None ABSENT: Council Members: Schafer Public Hearing The Clerk announced that this was the time and place SP -76-01A set for the public hearing for Specific Plan Amend- ment SP -76-01A, Costa Mesa City Council, to amend Specific Plan SP -76-01 to include property located between 280 and 300 (even numbers) Victoria Street. Environmental Determination: Environmental Impact Report adopted by Council on April 19, 1976. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Director reported that the Specific Plan was adopted in April, 1976, and that its primary purpose was to provide development guidelines as to how this area would be developed at some later date. The Plan included a zoning incentive that encour- aged consolidation of several of the narrow parcels in that area. In July, 1978, Council approved a change in the General Plan designation from General Commercial to High Density Residential on 1.7 acres located easterly of the original Specific Plan area. At that time the Planning staff was directed to amend the Specific Plan to include the 1.7 acres which would cover properties located be- tween 280 and 300 Victoria Street. With the inclusion of this area, it is necessary to expand Resolution 78-89 Public Hearing Development Standards for Industrial Districts Ordinance 78-36 First Reading the Plan area and develop a refinement of standards that would conform to the current zoning requirements and development policies. The Planning Director pre- sented the amendments. There being no speakers, the Mayor closed the public hearing. After Council dis- cussion, on motion by Councilwoman Hertzog, seconded by Vice Mayor Smallwood, Resolution 78-89, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING AN AMENDMENT TO SPECIFIC PLAN SP -76-01 FOR PROPERTY LOCATED ON VICTORIA STREET WESTERLY OF NEWPORT BOULEVARD, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Hertzog NOES: Council Members: Raciti ABSENT: Council Members: Schafer The Clerk announced that this was the time and place set for the public hearing for consideration of a proposed ordinance amending Title 13 of the Costa Mesa Municipal Code, adopting additional development standards and permitted uses for the MG, MP, and MH Industrial Districts. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Director stated that this was a housekeeping type amendment and that the addi- tional uses which are recommended for inclusion into the ordinance are uses which are similar to those that are already permitted within the Industrial District. There being no speakers, the Mayor closed the public hearing. Councilwoman Hertzog expressed concern in keeping noise producing businesses away from residen- tial areas. On motion by Councilman Raciti, seconded by Mayor McFarland, Ordinance 78-36, being AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING TITLE 13'OF THE COSTA MESA MUNICIPAL CODE ADOPTING ADDITIONAL DEVELOPMENT STANDARDS AND PERMITTED USES FOR THE MG, MP, AND MH INDUSTRIAL DISTRICTS, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: -None ABSENT: Council Members: Schafer Public Hearing The Clerk announced that this was the time and place Condominium set for the public hearing for consideration of a Amendment proposed ordinance amending Title 13 of the Costa Mesa Municipal Code relating to condominium developments and the conversion of apartments to condominiums, and Held Over clarifying the definitions of facancy rate and stock cooperative. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Council expressed concern about the vacancy factor and how it would be determined. After further discussion, on motion by Mayor McFarland, seconded by Councilman Raciti, and carried, the public hearing was continued to the meeting of September 5, 1978, at 6:30 p.m. Speed Limit on In response to a request for a three-way stop sign Bear,Street at St. Clair and Bear Streets,.the Traffic Commission has recommended that a speed limit be set on the Bear Street extension between Baker and Bristol Streets to 30 miles per hour because they have determined that the major cause of accidents along this roadway is excessive speed on the curves, and that a three-way stop sign at the above-mentioned intersection would not alleviate these types of accidents. On motion by Councilwoman Hertzog, seconded by Mayor McFarland, L7 1 1 I. 1 Ordinance 78-37 Ordinance 78-37, being AN ORDINANCE OF THE CITY COUN- First Reading CIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10-332 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO ESTABLISH SPEED LIMITS ON BEAR STREET BETWEEN BAKER STREET AND BRISTOL STREET, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer Request for A request from Jodi Pedri, 3332 Nevada Avenue, Costa Marathon Race Mesa, to hold a 10 -mile marathon race in Costa Mesa - Pedri on October 28, 1978, was presented. The City Manager stated that he would like to have a policy established Held Over on these types of events because of their growing popularity and also because of the cost to the City. He also expressed concern over the use of Adams Ave- nue for the race and suggested that the event be held on October 29, 1978, at 7:00 a.m., instead of the day requested. The Council also expressed their con- cern but felt that they could work with the applicant to achieve a mutually satisfying arrangement at a Study.Session. The applicant was present and dis- cussed her plan with the Council. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, this item was referred to the .Study= Session of September 11, 1978, and continued to the - meeting of September 18, 1978. Vice Mayor Vice Mayor Smallwood left the meeting at this time, Leaves and therefore did not vote on the remaining items. Patio Covers Consideration of policy options regarding patio covers in Planned Development Residential areas was presented. The Planning Director explained the problem of making additions to their homes for residents in the Planned Development Residential districts and felt there is language in the Planned Development Ordinance which, if broadly interpreted, would alleviate some of these problems. Four options were considered by the Plan- ning Commission and they recommended Options 1 and 2, with modifications. Option 1 suggested that in the future, the final development plans, which are adopted by ordinance, include provisions for approval of patio covers. Option 2, which includes said modifications, proposes the following standards for the Planning Director's approval: (a) The patio cover shall be un- enclosed; (b) Patio covers shall maintain a side yard setback of a minimum of five feet or be equivalent to the setback of the main structure on the lot, which- ever is less, and a rear yard setback of 7-1/2 feet; and (c) Patio covers having solid roofs shall be limited to covering no more than 33-1/3 percent of the width of the lot and shall conform to (a) and (b) above. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, Councilwomen Schafer and Smallwood absent, Options 1 and 2 were approved. Councilmanic Comments Adjournment to Executive Session Mayor McFarland noted that three Traffic Commissioners' terms of office were expiring and that Mrs. Matthews no longer wished to serve. Mr. Ropp and Mr. Graham were re -appointed to four-year terms, and the City Manager was directed to notify the newspapers that an opening existed on the Traffic Commission. The Mayor adjourned the meeting at 9:20 p.m. to the City Clerk's office to hold an Executive Session to discuss pending litigation. After discussion, on motion by Councilwoman Hertzog, seconded by Mayor McFarland, the Director of Finance was authorized to issue a warrant in the amount of $30,000.00, which is the sum the Court ordered in the Swope condemnation case, by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer, Smallwood On motion by Councilman Raciti, seconded by Council- woman Hertzog, the City Attorney was granted negoti- ating authority in the Swope case, by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: Schafer, Smallwood Adjournment The. Mayor adjourned the meeting at 9:45 p.m. ZI f J, � f 7, 1, f J// ayor of the City of Costa Mesa ATTEST: Ci y Clerk of the City of Costa sa 1 1 L�