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HomeMy WebLinkAbout09/18/1978 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 18, 1978 The City Council of the City of Costa Mesa, met in regular session on September 18, 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 Allegiance to the Flag, and Invocation by the Reverend John L. Huntley, Newport -Mesa Christian Center. Roll Call Council Members Present: McFarland, Raciti, Hertzog, Schafer Council Members Absent: Smallwood Officials Present: City Manager, City Attorney, Director of Planning, Asso- ciate Planner, Director of Public Services, City Clerk Minutes On motion by Councilwoman Schafer, seconded by Council - September 5, 1978_,- man Raciti, and carried, the minutes of the regular meeting of September 5, 1978, were approved as distri- buted and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Councilwoman Schafer, and carried, to read all ordi- nances by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 9, Amendment to R. L. Kautz and Company service agreement for fee increase; Item 10, Request to include three projects in the 1979-80 Fiscal Year's Federal Aid Urban Program. On motion by Councilwoman Hertzog, seconded by Council- woman Schafer, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood 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 was required: Jan W. Bos - boom; Attorney Jack N. Whitaker on behalf of John G. Goodman; and Wallace L. Krautkramer. Family Crisis A letter from Mrs. Leslie Miller, Costa Mesa, Center commending the staff of the Family Crisis Cen- ter for their excellent service and dedication to the community. Local Agency Notice of public hearing from the Orange County Formation Local Agency Formation Commission on a proposed Commission annexation to Irvine Ranch Water District, designated Annexation No. 20, located in the general area of MacArthur Boulevard and Ford Road. 1 1 1 i 1 1 Public Utilities Notices from the Public Utilities Commission Commission the following applications: Application No. 58330, Southern California Edison Company, for authority to increase rates charged for water service on Santa Catalina Island. Application No. 58330, Southern California Edison Company, for authority to increase rates charged for gas service on Santa Catalina Island. Application No. 58331, Southern California Edison Company, for authority to increase End - rates charged for electric service on Santa Reading Folder Catalina Island. Set for Public The following items were set for public hearing on Hearing October 2, 1978, at 6:30 p.m., in the Council Chambers of City Hall: Final Development Final Development Plan, designated ZE-78-80A, Plan ZE-78-80A Ladd, Kelsey and Woodard, A.I.A., authorized Cagney agent for William J. Cagney, in care of Don Adkinson, Post Office Box 1907, Newport Beach, for approval of a 111 -unit development, located at 950 Baker Street in a PDR -MD zone. Environ- mental Determination: Negative Declaration adopted for General Plan Amendment GP -78-1D. Proposed Ordinance Proposed ordinance limiting accessory structure Residential Dis- in residential districts to one story, estab- trict Limitations lishing a setback requirement for fences in required setbacks adjacent to public streets. Environmental Determination: Negative Declar- ation. Claim - Rush On motion by Councilwoman Hertzog, seconded by Denied Councilwoman Schafer, and carried, the claim of Delores Rush was denied. Notice of Construction of street improvements at 770 Wilson Completion Street, 2153 Maple Street, 2075 Placentia Avenue, Wilson Street, and Congress Street from 444 feet west of to 497 feet Maple Street, west of Raleigh Avenue have been completed by Sully - Placentia Avenue, Miller Contracting Company, Post Office Box 432, Congress Street Orange, to the satisfaction of the Director of Public Services. On motion by Councilwoman Hertzog, seconded by Councilwoman Schafer, 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, Raciti, Hertzog, Schafer ` NOES: Council Members: None ABSENT: Council Members: Smallwood Notice of Construction of Baker Street Improvements 275 feet Completion to 655 feet easterly of Fairview Road, were completed Baker Street by Sully -Miller Contracting Company, Post Office Improvements Box 432, Orange, to the satisfaction of the Director of Public Services. On motion by Councilwoman Herzog, seconded by Councilwoman Schafer, 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, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood ra 9 ZE-75-103A Improvements in connection with Zone Exception ZE-75- Cunha/Estep 103A, Dan Cunha, 116 Industrial Way, Costa Mesa, for two lots located at 121 Industrial Way, have been com- pleted by Don Estep, 2650 Walnut Street, Tustin, to the satisfaction of the Director of Public Services. On motion by Councilwoman Hertzog, seconded by Council- woman Schafer, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood Bid Item 400 Bids received for Bid Item 400, One Defibrillator, Defibrillator, Monitor Scope, and Chart Recorder, are on file in the Monitor Scope, Clerk's -office. ,On motion by Councilwoman Hertzog, and Chart seconded by Councilwoman Schafer, the bid was awarded Recorder to Physio -Control Corporation, 11811 Willows Road, Redmond, Washington, in the amount of $6,317.60, being Awarded the lowest bid meeting specifications, by the follow - Physio -Control ing roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood R. L. Kautz Item 9 on the Consent Calendar, an amendment to the and Company R. L. Kautz and Company service agreement for a fee Agreement increase, was presented. After discussion, on motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, the amendment, establishing a flat annual fee of $7,500.00, was approved by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood Federal Aid Item 10 on the Consent Calendar, a request to include Urban Program three -projects in the 1979-80 Fiscal Year's Federal Projects Air Program, was presented. After discussion, on motion by Councilwoman Schafer, seconded by Council - Bristol Street, woman Hertzog, Resolution 78-94, being A RESOLUTION Fairview Road, OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Harbor Boulevard, FORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION Placentia Avenue COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF BRISTOL STREET, Resolution 78-94 FAIRVIEW ROAD, HARBOR BOULEVARD, AND PLACENTIA AVENUE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood MacArthur On motion by Councilwoman Schafer, seconded by Council - Boulevard woman Hertzog, Resolution 78-95, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 78-95 REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF MacARTHUR BOULEVARD, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood Harbor Boulevard On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, Resolution 78-96, being A RESOLUTION OF Resolution 78-96 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN 1 i 1 PROGRAM THE DEVELOPMENT OF HARBOR BOULEVARD, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood Amendment to On motion by Councilwoman Hertzog, seconded by Coun- Title 13 cilwoman Schafer, Ordinance 78-38, being AN ORDINANCE Condominiums' OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE Ordinance 78-38 RELATING TO CONDOMINIUM DEVELOPMENTS AND THE CONVER- Adopted SION OF APARTMENTS TO CONDOMINIUMS, AND CLARIFYING THE DEFINITIONS OF VACANCY AND STOCK COOPERATIVE, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood R-78-13 On motion by Councilwoman Schafer, seconded by Coun- cilwoman Hertzog, Ordinance 78-39, being AN ORDINANCE Ordinance 78-39 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 55, TRACT 57, FROM AP TO R2, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood Animal Zone On motion by Councilwoman Hertzog, seconded by Coun- Map cilwoman Schafer, Ordinance 78-40, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMEND - Ordinance 78-40 ING TITLE 3 OF THE COSTA MESA MUNICIPAL CODE REVISING Adopted THE ANIMAL ZONE MAP, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood R-77-31 On motion by Councilwoman Schafer, seconded by Coun- cilwoman Hertzog, Ordinance 77-53A, being AN ORDINANCE Ordinance 77-53A OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Adopted FORNIA, CORRECTING A CLERICAL ERROR CONTAINED IN ORDINANCE 77-53 CHANGING THE ZONING OF PORTIONS OF HARPER TRACT AND TRACT 847, FROM Cl TO R2 -CP AND CL, was given second'reading and adopted by the follow- ing roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood R-77-34 On motion by Councilwoman Hertzog, seconded by Coun- cilwoman Schafer, Ordinance 77-56A, being AN ORDI- Ordinance 77-56A NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted CALIFORNIA, CORRECTING A CLERICAL ERROR CONTAINED IN ORDINANCE 77-56, CHANGING THE ZONING OF PORTIONS OF TRACT 1086 AND NEWPORT HEIGHTS, FROM C2 TO R2 -CP, was given second reading and adopted by the follow- ing roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood Marathon Race - Since Ms. Jodi Pedri was not present at this time Pedri regarding her request to hold a 10 -mile marathon race in the City of Costa Mesa, the Mayor trailed Trailed this item until later in the meeting. n�. Warrant On motion by Councilwoman Hertzog, seconded by Coun- Resolution 1046 cilwoman Schafer, Warrant Resolution 1046, including Payroll 7818, was approved by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood Fair Political The City Attorney reported on a request from the City Practices of Anaheim regarding proposed litigation over the Fair Commission Political Practices Commission's opinion on complimen- tary tickets and passes. The.City of Anaheim indicated Complimentary that the lawsuit would also question the Fair Political Tickets Practices Act Provision that eliminates the Doctrine of Necessity in California law. This matter will be addressed by the.Legal Advocacy Committee of the League of California Cities, and will be discussed at their next meeting of September 23, 1978. The Council decided to wait for the outcome of the meeting before taking any action, and directed the City Attorney to keep the Council informed. Proposition 13 The City Attorney stated that as of September 8, 1978, Bail Out Funds there were five cases filed in the California Supreme Court contesting the legislation contained in Senate Bills 154, 2212, and 2223. This legislation provides for "bail out" funds to the cities from State surplus funds as a result of Proposition 13. All appear to be from Employee Associations. Swope The City Attorney reported that the Swope case has Litigation been settled. Executive The City Manager presented a salary resolution re - Salaries flecting a five percent increase for all executive personnel positions, to be effective September 24, 1978. This resolution also includes the City Mana- ger's recommended salary adjustment. On motion by Councilman Raciti, seconded by Councilwoman Schafer, Resolution 78-97 Resolution 78-97, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ESTABLISHING RATES.OF PAY FOR EXECUTIVE PERSONNEL, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood Basic Salary The City Manager presented a resolution regarding Schedule certain changes to jobs on the basic salary schedule. On motion by Councilwoman,Hertzog, Resolution 78-98 seconded by Councilwoman Schafer, Resolution 78-98, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 4 OF RESOLUTION NO. 77-120 ESTABLISHING ADDITIONAL CLASSIFICATION AND CHANGING RATES OF PAY THEREOF, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood Public Hearing The Clerk announced that this was the time and place GP -77-3I set for the public hearing, continued from the meet- Sewell/Morrison ing of July 17, 1978, for a rehearing of General Plan Amendment GP -77-3I, requested by Richard Sewell, authorized agent for Jeanne C. and Theresa C. Morri- son, 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 F 1 i High Density Residential. Environmental Determina- tion: Negative Declaration adopted February 6, 1978. No further communications have been received. The Planning Director outlined the 9 -acre area involved, and pointed out that the zoning was inconsistent with the General Plan designation in this area. The Plan- ning Commission was in favor of high density and recommended approval of Option III of the General Plan Amendment. The Planning Director gave a brief history of this project beginning in January, 1978, and explained the options involved. Richard Sewell was present and stressed the need for apartments in the area for families with children. Mr. Sewell stated that he would like to have the property zoned R3 and he would be willing to agree to rent half the units to people with children. Bob Cariker, RMJ Cor- poration, 16551 Brookhurst Street, Fountain Valley, representing the Harbor Shopping Center, stated the Center's preference for apartments as opposed to a retail -commercial building or an office building. Nicolas DiPietrantonio, 13651 Olympic Avenue, and Dave Salcido, 954 West 17th Street, Costa Mesa, were not in favor of high density zoning in -this area. The Council expressed concern over the lack of ade- quate housing for families with children and it was mentioned that the Housing and Community Development Committee is looking for housing sites for families. Resolution 78-99 On motion by Councilwoman Schafer, seconded by Coun- cilwoman Hertzog, Resolution 78-99, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -77-3I,, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, approving Option III, was adopted by the following roll call vote: AYES: Council Members: McFarland, Hertzog, Schafer NOES: Council Members: Raciti ABSENT: Council Members: Smallwood Public Hearing The Clerk announced that this was the time and place SP -78-02 set for the public hearing, continued from the meet- ing of August 7, 1978, of the precise plan of align- ment for Street "A", extension of Randolph Avenue between Baker Street and Paularino Avenue, as de - Alignment of scribed in Option III of Specific Plan SP -78-02. Street "A" No further communications have been received. The Extension of Planning Director gave a brief history of the Speci- Randolph Avenue fic Plan beginning in June 5, 1978, and outlined the policies recommended by the Planning staff. The Planning Commission made no recommendation. The Planning staff recommended adoption of Map 2 of the Precise Alignment for Street "A". The Director of Public Services pointed out that without the street there would be many points of conflict in this area, and presented several additional concepts for the alignment of Street "A" which included a through street, three versions of a cul-de-sac, a loop road, and a frontage road. He further explained why these concepts were not recommended. Cost of improve- ments of this street are estimated at $180,000.00 to $200,000.00. A petition, containing 124 signatures, in opposition to the proposed alignment and in favor of cul-de-sac Design No. 3 was presented by the resi- dents. The following people spoke in opposition to the proposed alignment: Elaine Lennert, 3083 Platte Drive, Costa Mesa; Donna DiPietrantonio, 13651 Olympic Avenue, Costa Mesa; Bob Lindquist, 3107 Platte Drive, Costa Mesa; Jerome Stewart, 2131 Vista Privada, Santa Ana; Jean Pitoniak, 786 Paularino Avenue, Costa Mesa; Mayor Absent Resolution 78-100 Public Hearing SP -78-02 Implementation of Street "A" Resolution 78-101 Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights; Nicolas DePietrantonio, 13561 Olympic Avenue, Costa Mesa; Pat Darden, Platte Drive, Costa Mesa; Bob Lennert, 3083 Platte Drive, Costa Mesa; and Annette Watson, President of the Parent -Faculty Organization of Bear Street School. Mayor McFarland was absent briefly during Mr. Darden's presentation. Jorge Alvarez, 1947 Killdeer Circle, Costa Mesa, representing The Janes Company, spoke in favor of the proposed alignment. After further discussion, on motion by Councilwoman Schafer, seconded by Mayor McFarland, the Council approved Map 2 contained in the staff report of June, 1978, entitled "Implemen- tation Plan and Precise Alignment, SP -78-02"; and Resolution 78-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A PRECISE PLAN FOR THE ALIGNMENT OF STREET "A", THE EXTENSION OF RANDOLPH AVENUE BETWEEN BAKER STREET AND PAULARINO AVENUE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Hertzog,- S chaf er NOES: Council Members: Raciti ABSENT: Council Members: Smallwood The Clerk announced that this was the time and place set for the public hearing, continued from the meet- ing of August 7, 1978, for an amendment to Specific Plan SP -78-02, to consider alternatives and imple- mentation techniques for the construction of Street "A", extension of Randolph Avenue between Baker Street and Paularino Avenue, as shown in Option III of the Specific Plan. The Planning Staff recommended Alternative 5, which provides for the City to con- struct the street in exchange for voluntary dedica- tion of right-of-way. On motion by Mayor McFarland, seconded by Councilwoman Schafer, Alternative 5 was approved as contained in the staff report of June, 1978, entitled "Implementation Plan and Precise Alignment, SP -78-02"; and Resolution 78-101, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING AN AMENDMENT TO SPECIFIC PLAN SP -78-02 FOR IMPLEMENTATION TECHNIQUES FOR THE CONSTRUCTION OF STREET "A", EXTENSION OF RANDOLPH AVENUE BETWEEN BAKER STREET AND PAULARINO AVENUE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Hertzog, Schafer NOES: Council Members: Raciti ABSENT: Council Members: Smallwood Public Hearing The Clerk announced that this was the time and place Moritorium on set for the public hearing, continued from the meet - Building Permits ing of August 7, 1978, for consideration of a pro- posed urgency ordinance to rescind Ordinance 78-34, in connection with a moratorium on the issuance of building permits or revised.uses in the general area between Baker Street and Paularino Avenue, from 375 to 1,433 feet west of the centerline of Bristol Urgency Street. On motion by Councilwoman Schafer, seconded Ordinance 78-41 by Councilwoman Hertzog, Ordinance 78-41, being AN Adopted ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING ORDINANCE NUMBER 78-34, DECLARING SAID ORDINANCE TO BE AN URGENCY ORDINANCE, AND SETTING FORTH REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: McFarland, Hertzog, Schafer NOES: Council Members: Raciti ABSENT: Council Members: Smallwood Recess The Mayor declared a recess at 9:45 p.m., and the meeting reconvened at 10:00 p.m. 1 1 Public Hearing The Clerk announced that this was the time and place Notification set for the public hearing for a 'proposed ordinance Requirements amending Title 13 of the Costa Mesa Municipal Code, changing notification requirements for Zone Excep- tions and Rezone Petitions. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended that only mailing of post cards be required for notifying residents of public hearings. The Planning Director stated that in the past the City used three methods of notification. These were publishing the notice of public hearing in the newspaper, -posting the.property, and mailing post cards to residents within 300 feet of the property involved. Sid Thompson, 1174 Gleneagles Terrace, Costa Mesa, objected to mailing post cards only to residents within a 300 -foot radius of the property affected, and felt.the radius should be extended. There being no other speakers, the Mayor closed the public hearing. After further discussion, on motion by Councilwoman Schafer, seconded by Coun- Ordinance 78-42 cilwoman Hertzog, Ordinance 78-42, being AN ORDINANCE First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMEND- ING TITLE 13 OF THE COSTA MESA -MUNICIPAL CODE CHANG- ING NOTIFICATION REQUIREMENTS FOR ZONE EXCEPTION PERMITS AND REZONES, stipulating that. this item would be reviewed in six months, was given first reading and passed to second reading by the follow- ing roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood Public Hearing The Clerk announced that this was the time and place R-78-14 set for the public hearing of .Rezone Petition R-78-14, Helzerman Ed Helzerman and.Vic Jashinski, authorized agents for Jashinski Stanley Uchizono, 2014 West San Lorenzo Avenue, Santa Uchizono Ana, and Arthur and Betty Bellis, 1984 Maple Avenue, Bellis Costa Mesa, for permission to rezone property located at 1982 and 1984 Maple. Avenue, from R2 to R3. Envir- onmental Determination: Negative Declaration. The Affidavit of Publication is.on file in the Clerk's office. No communications have been received. The Planning Director pointed out that the subject prop- erty is a portion of the area involved in the West- side Zoning Study of March, 1977. As a result of this study, certain properties in the vicinity were rezoned from R4 to R2 and R3 because their widths and areas were not conducive to.development at R4 density. The Planning staff advises. that the width and area of the combined properties meet the criteria used in Rezone Petition R-77-07 for determining suit- ability for R3 zoning. The Planning Commission - recommended approval of R3. zoning, and requested the Council to delay the second reading of the Ordinance until the parcels have -been -combined. Stanley Uchi- zono and Arthur Bellis were present and Mr. Uchizono stated that the structure on his parcel would be removed. Mr. Bellis stated that it depended upon what the property would be used for as to whether or not the structure on his parcel remained. There be- ing.no other speakers, the Mayor closed the public hearing. After further discussion, on motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Ordinance 78-43 Impact was adopted, and Ordinance 78-43, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF FAIRVIEW FARMS, FROM R2 TO R3, was given first reading, with second reading to be delayed until such time as the parcels are combined, by the fol- lowing roll call vote: 300 AYES: Council Members: McFarland, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: Smallwood Public Hearing The Clerk announced that this was the time and place R-78-15 set for the public hearing for Rezone Petition R-78- Champlin/Pangle 15, H. L. Champlin and Associates, authorized agents for Loretta Pangle, 624 West Wilson Street, Costa Mesa, for permission to rezone property located at the above address from Rl to R2. Environmental Determination:. Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Director of Planning stated that adjacent properties on Meyer Place are developed with single-family residences and that the size and dimensions of this property is such that it could -be split into two lots, and two single-family homes could be built on the lots, which would be more in character with the single- family neighborhood on Meyer Place. The Planning Commission recommended denial. Mr. Champlin was present and stated that there were already medium density buildings in the area, and that residents in the area were in favor of this rezone. Roy McCardle was present and stated that it would not be economically feasible to develop this parcel as Rl. Luther Pangle was also present and submitted a petition from neighbors of the applicant in .favor of the rezone. There being no other speakers, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Councilwoman Schafer, the Negative Declaration of.Environmental Ordinance 78-44 Impact was adopted,.and Ordinance 78-44, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA -MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 49, TRACT NO. 2215, FROM R1 TO R2, 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: Smallwood Air Quality A report on the Air Quality Management Plan was Management presented. The Associate Planner explained that Plan the Position Paper that had been prepared offered a,critique of the control measures identified in the plan, and indicated City support for the Air Quality Management Plan process, and requested additional information regarding funding for the measures which require local implementation. It was decided that the League of Cities would be- come the coordinator of all City -generated review documents and be responsible for developing a uni- fied position based on the information obtained from these documents. The reason for this paper is that the Federal and State governments require the Southern California Association of Governments (SCAG) and the South Coast Air Quality.Management District to prepare an Air Quality Management Plan for the South Coast Basin. The Planning staff recommended adoption of the Position Paper, and,• upon adoption, copies of .the Paper would be for- warded to the League of Cities for subsequent transmittal to SCAG. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried, the.Position Paper was adopted. 1 1 Request for A request from Mayor McFarland for Council review Council Review of Zone Exception ZE-78-136, John Yelland, author- of ZE-78.-136 ized agent for Karen A. Fenn, 1672 Placentia Ave- Yelland/Fenn nue, Costa Mesa, for a.Conditional Use Permit for stressed the importance of opinions of the citizens a public storage facility with a manager's unit, Hearing Set and with variances from side setback, parking, and landscaping requirements,.located' at 2097 and 2099 to write to the President of the United States sup- Placentia Avenue, in an MG zone, was presented. Environmental Determination: Negative Declaration. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, and .carried, this item was expedite this matter. Mayor McFarland responded set for public hearing on October 2, 1978. Later in the meeting, Mr. Yelland stated that he would -like to discuss his application at a study session purchasing gas from Mexico and was opposed to this before the public hearing, and requested that it be scheduled for the study session of October 9, 1978, with a public hearing on October 16, 1978. something be done about the proposed marina, and Councilwoman Schafer amended her motion to reflect that this item would be on the study session agenda of October 9, 1978, with a public hearing how he could help. Councilman Raciti stated there on October 16, 1978. The amended motion was seconded by Councilwoman Hertzog, and carried. Marathon Race =. This request, continued from the meeting of August - Pedri 21, 1978, from Ms. Jodi Pedri, 3332 Nevada Avenue, Costa Mesa, to hold a 10-mile marathon race in the City of Costa Mesa, and continued from earlier in the meeting, was again presented. The applicant was not present. Mayor McFarland pointed out that at the study session of September 11, 1978, the Council expressed concern over the route crossing public streets. He further stated that he was in favor of these races, but would like to see a.mini- mum of inconvenience to the City, and suggested that the City Golf Course might be utilized. The applicant had been instructed at the study session that if the race is routed.on public streets with- out crossing a public street, and using Fairview Regional Park, that she would not have to return to Council for approval. The City Manager stated that there was a possibility that a good route could be set up by combining the Golf Course and Fairview Regional Park, with parking at Estancia High School. Oral Ms. Jane McLaughlin, 3161 Gibraltar Avenue, Costa Communications Mesa, stated she operates a business in the City and does not agree with the City's Business Permit Business Permit Ordinance. Ms. McLaughlin maintained that she is - McLaughlin protected and permitted to conduct her business without a permit by her common law rights. The City Attorney advised the Council that this case is in the California courts, which is the proper place for a decision. The Council took no action. Councilmanic Councilman Raciti read an article in regard to the Comments United States purchasing.gas from Mexico, and stressed the importance of opinions of the citizens Gas from in this matter. He further urged Mayor McFarland Mexico to write to the President of the United States sup- porting the purchase of gas from Mexico, and to expedite this matter. Mayor McFarland responded that he did not know enough about the economics of purchasing gas from Mexico and was opposed to this suggestion. Councilman Raciti also suggested that Marina something be done about the proposed marina, and presented a letter from an interested citizen asking how he could help. Councilman Raciti stated there is a strong desire in the community to have the marina built and that there are funds available from the State under Assembly Bill 2248. Councilman 302 Raciti further suggested that a committee be formed composed of citizens from Newport Beach, Costa Mesa, Huntington Beach, Santa Ana, Fountain Valley-, .the County, and various State organizations to formulate a plan for the marina. Mayor McFarland introduced Dolores Lewkowicz, sister of the City Clerk, who is visiting from West Germany. Adjournment The Mayor adjourned the meeting at 11:25 p.m. Mayor of the Ci y of Costa Mesa ATTEST: City Clerk of the City of Costa Ya