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HomeMy WebLinkAbout11/20/1978 - City CouncilREGULAR.MEETING OF THE CITY COUNCIL CITY OF COSTA MESA �r e. 0X November 20, 1971.E The City Council of the City of Costa Mesa, met in _ regular session on November 20, 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 Rev- erend Gary Barmore, D.D., Fairview Community Church. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Officials Present: Acting City Manager, City Attorney, Assistant Direc- tor of Planning, Director of Public Services, City Clerk Minutes On motion by Vice Mayor Schafer, seconded by Mayor October 19, 1978 McFarland, and carried, the minutes of the adjourned November 6, 1978 regular meeting of October 19, 1978, and the regular meeting of November 6, 1978, were approved as dis- tributed and posted as their were no corrections. Ordinances A motion was made by Councilman Hall, seconded by Mayor McFarland, and carried, to read all ordinances by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 11, a request to delay undergrounding of private services to approxi- mately two acres of developed property within the Baker Street Underground Utility Districts 10 and 11; Item 12, 18th Street Alignment - Downtown Area; and Item 13a, alley improvements east of -Newport Boule- vard and west of Orange Avenue between 15th and 16th Streets. On motion by Councilwoman Hertzog, seconded by Council- man Hall, the remaining Consent Calendar items were approved in one motion by the following roll -call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 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: M. Jon Olson, and Judy E. Yeiter. State -mandated A resolution from the City of Irvine establish - Costs Imposed ing its strong opposition to the lack of the on Local Agencies State of California's concern for the impact of State -mandated costs to local agencies. Orange County A letter from Garry L. Short, 305 Avenida Airport Cerritos, Newport Beach, opposing 727 aircraft, at Orange County Airport. f Alcoholic Alcoholic Beverage License applications for. Beverage which parking.has been approved by the Plan - Licenses ning Department, from: Joan M. and Salvador L. Manzella, doing business as Russo's Italian Deli, 369 East 17th Street; Alpha Beta Com- pany, doing business at 241 East 17th Street; Mi Casa Costa Mesa, Incorporated, doing busi- ness as Mi Casa, 296 East 17th Street; and End - Anthony V. Bright and John G. Lim, doing busi- Reading Folder ness at 1670 Newport Boulevard. Business Permit Notice'of Intention to Appeal or Solicit for Charitable Purpose from Orange County Council of Campfire Girls, Campfire Girls Incorporated, 1616 East Fourth Street, Santa Ana, by door-to-door and booth sales from January 24, 1979, through February 21, 1979, was approved with applica- tion of Section 9-234J of the Costa Mesa Municipal Code. Set for Public The following items were set for public hearing on Hearing December 4, 1978, at 6:30 p.m., in the Council Chambers of City Hall: Planned Proposed ordinance amending the standards and Development processing requirements of the Planned Develop - Districts ment Districts. Environmental Determination: Negative Declaration. GP -78-3B General Plan Amendment GP -78-3B, Don R. Adkin- Adkinson/Cagney son, authorized agent for William J. Cagney, in care of Don R. Adkinson, 650 Newport Center Drive, Suite 800, Newport Beach, to amend the General Plan designation from Low Density Resi- dential to. Medium Density Residential for property located at the northeast corner of Bear Street and Paularino Avenue. Environmental Determination: Negative Declaration.' GP -78-3C General Plan Amendment GP -78-3C, Don R. Adkin- Adkinson/Cagney son, authorized agent for William J. Cagney, in care of Don R. Adkinson, 550 Newport Center Drive, Suite 800, Newport Beach, to amend the General Plan designation from Low Density Resi- dential to Neighborhood Commercial for property located at the northeast corner of Bear Street and Paularino Avenue. Environmental Determin- ation: Negative Declaration. The following items were set for public hearing on January 2, 1979,.at 6:30 p.m., in the Council Chambers of City Hall: Underground Formation of Underground Utility District No. Utility District 12, Baker Street from the Corona del Mar Free - No. 12 way to Babb Street. Tustin -Woodland On motion by Councilwoman Hertzog, seconded by Annexation to Councilman Hall, Resolution 78-109, being A the City RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, INITIATING ANNEXATION PROCEEDINGS Resolution 78-109 FOR CERTAIN INHABITED TERRITORY DESIGNATED AS Hearing Set 'THE TUSTIN-WOODLAND ANNEXATION TO THE CITY OF COSTA MESA", setting a public hearing on January 2,.1979, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 1 1 Tu -stip -!Woodland On motion by Councilwoman Hertzog, seconded by Annexation to Councilman Hall, Resolution 78-110, being A the Parks and RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Recreation District COSTA MESA, INITIATING ANNEXATION PROCEEDINGS FOR CERTAIN INHABITED TERRITORY DESIGNATED AS Resolution 78-110 "TUSTIN-WOODLAND, ANNEXATION TO THE COSTA MESA Hearing Set PARK AND RECREATION DISTRICT", setting a public hearing on January 2, 1979, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Claim - Linker On motion by Councilwoman Hertzog, seconded by Council - Denied man Hall, and carried, the claim of Aetna Casualty and Surety Company, on behalf of Seymour Linker, was denied. Bid Item 354, Bids received for Bid Item 354, Revision A, Air Com - Revision A, Air pression Station for Charging Portable Breathing Air Compression Systems Equipment, are on file in the Clerk's office. Station On motion by Councilwoman Hertzog, seconded' by Council- man Hall, the contract was awarded to American Bristol Awarded Industries, Incorporated, 1600 West 240th Street, American Bristol Harbor City, in the amount of $16,970.00, being the Industries lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 355, Bids received for Bid Item 355, Revision A, Portable Revision A, Breathing Air Systems for Fire Persons, are on file Portable in the Clerk's office. On motion by Councilwoman Breathing Air Hertzog, seconded by Councilman Hall, the contract Systems was awarded to Western Fire Equipment, 440 Valley Drive, Brisbane, in the amount of $11,360.00, being. Awarded the lowest bid meeting specifications, by the follow - Western Fire ing roll call vote: Equipment AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 407 Bids received for Bid Item 407, 55 Handguns, Revolvers, Handguns are on file in the Clerk's office. On motion by Coun- cilwoman Hertzog, seconded by Councilman Hall, the Awarded contract was awarded to,California Electronic Police California Equipment Company, 1627 East Edinger Avenue, Suite C, Electronic Santa Ana., in the amount of $7,438.82, being the Police lowest bid meeting specifications, by the following Equipment roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 409 Fairway Mowing Bids received for Bid Item 409, One Fairway Mowing Unit, 7 -Gang, are on file in the Clerk's office. On Unit motion by Councilwoman Hertzog, seconded by Council- man Hall:, the contract was awarded to Toro Pacific Awarded Distributing Company, 16212, South Broadway, Gardena, Toro Pacific in the amount of $5,594.68, being the.lowest bid Distributing meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog-, Hall NOES: Council Members: None ABSENT: Council Members: None Request to Delay Item 11 on the Consent Calendar, a request to delay Undergrounding in undergrounding of private services to approximately, Utility Districts two acres of developed property within the Baker 10 and 11 Street Underground Utility Districts 10 and 11, was presented. The Director of Public Services gave the Denied background of the Baker Street Utility District and the recommendation of the staff to deny the request. The Public Utilities Commission has ruled that once utilities are underground, above -ground facilities cannot be installed. J. W. Ray, 188 East 17th Street, explained to the Council that he does not want to delay the probjett, but that the property is in escrow --and.the new owner will require a different utility configuration. `Jorge Alvarez, 1947 Killdeer Circle, a representative of the new owner, verified that it was the new owner's intention to build on the property. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the request was denied and staff was asked to work with the developers toward solving the undergrounding problem. Change Order.- Item 12 on the Consent Calendar, a request for Council Willdan Contract approval of a Change Order to the Willdan and Associ- ates' contract authorizing a study of an alignment of 18th Street 18th Street between Orange and Santa Ana Avenues, was Alignment - presented. The Change Order, in the amount of Downtown Area $4,500.00,.would enable the consultant to refine and prepare plans for the more desirable alternative to the alignment of 18th Street that was devised as a result of their study. On motion by Councilman Hall, .seconded by Councilwoman Hertzog, the.Change Order was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Alley Item 13a on the Consent Calendar, alley improvements Improvements east of Newport Boulevard and west of Orange Avenue between 15th Street and 16th Street, was presented. Awarded Bids received are on file i.n the Clerk's off ice. Luz Pina Councilman Raciti asked if this alley went all the General way through from 15th Street to 16th Street. The Engineering Director of Public Services responded that it dead - ended north of Dan's Television, and that the intent is to improve drainage conditions in the alleyway. On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, .the contract was awarded to Luz Pina General Engineering Company, Post Office Box 858, Los Alamitos, in the amount of $15,710.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog,-Hall End of NOES: Council Members: None Consent Calendar ABSENT: Council Members: None Agreement - Mesa An Agreement between the City and George Tindall, Pacific Develop- authorized agent for Mesa.Pacific Development Com- ment pang, 428 Oak Grove Circle, Anaheim, in connection with Zone Exception ZE-78-169, was presented. This Removed.from agreement provided for reciprocal easement for a Agenda common driveway and shared guest parking, as well as a provision for a land use restriction which insures an open space easement and prohibits .fences between the two parcels. Since Council approval is not required, this item_was removed from the Agenda. R-78-17 On motion by Councilman Hall, seconded by Vice Mayor Tindall Schafer, Ordinance 78-48, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 1 1 1 Ordinance 7848 CHANGING THE ZONING OF LOTS 2 AND 3 OF TRACT 1480, Adopted FROM R2 TO R3, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Request for Continued from the meeting of November 6, 1978, a Rehearing - request from Syed Hussain, 11338 Grand Manan Drive, Hussain Cypress, for rehearing of the Council's denial on October. 16, 1978, of a dance permit at-Cagney's, Hearing Set 2300 Harbor Boulevard, was presented. On motion by Councilman Raciti, seconded by Councilman Hall, and carried, a public hearing was set for December 4, 1978, at 6:30 p.m., in the Council Chambers of City Hall. Family Housing The Acting City Manager presented the background of Sites of the Housing and Community Development Committee's request regarding their search for family housing Trailed sites in the City. The Committee has been unable to to obtain any sitesfrom their initial authorization from the Council and is requesting authorization to broaden their search to other locations throughout the City. The representative from the Committee was not present and therefore this item was trailed until later in the meeting. Warrant On motion by Vice Mayor Schafer, seconded by Council - Resolution 1052 man Raciti, Warrant Resolution 1050, including Payroll 7823, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Request for The City Attorney requested an executive session Executive immediately after the Council meeting to discuss Session pending litigation. Fire Marshal The Acting City Manager explained the changes being Classification proposed to eliminate fire fighting command functions of this position and to restructure the salary grade. Resolution 78-111 On motion by Mayor McFarland, seconded by Council- woman Hertzog, Resolution 78-111, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMEND- ING SECTION 1 OF RESOLUTION 78-97 PERTAINING TO THE COMPENSATION OF FIRE MARSHAL, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Disposition The Disposition Agreement between the City and Agreement - Robert and Sinee Coles for transfer of title of Coles property located at the southeast corner of Park Avenue and Center Street was presented. This property will be developed as a 75 -unit housing development for senior citizens under the Federal Housing Assistance Program, Section 8. Council- woman Hertzog questioned Mr. Coles regarding the funding portion of the agreement. She requested clarification as to the source of continued sub- sidy should the Federal government discontinue the Section 8 program. Mr. Coles replied that the mortgage would be guaranteed for 20 years of the 35 -year period, and it was his opinion that Con- gress would not abandon the elderly at the end of that time. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schd:fer, the -disposition 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, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Solicitation Continued from the meeting of November 6, the Acting Permit Report City Manager presented the background of the solici- tation permit question. He explained that the difference between a door-to-door solicitation of funds and the telephoned requests for appointments to pick up reuseable household items has prompted the Council to approve annual permits for the latter soli- citation instead of the 90 -day permits normally given to charitable organizations. Council directed the Acting City Manager to bring a formal policy back to the Council for adoption. Signalization at In connection with Specific Plan SP -78-02, heard on Bear Street and, November -2, 1978, the Director of Public Services Paularino Avenue summarized the activities to date on the signaliza- tion at the intersection of Bear Street and Paularino Avenue. The implementation schedule and possible sources of funding for the signalization were discussed, as well as which particular type of signal would be required. Claudia Robinson, 558 Pierpont Drive, Costa Mesa, and Mimi Birch, 533 Sturgeon Drive, Costa Mesa, spoke in opposition to the length of time between approval of the signal and its installation. Councilman Hall explained that manufacturing lead-time is a primary cause of that delay. On motion by Councilman Raciti, seconded by Vice Mayor Schafer, and carried, the signalization at the intersection of Bear Street and Paularino Ave- nue was approved, and the City Manager was directed to proceed with the installation as soon as possible. Family Housing Family Housing Sites, trailed from earlier in the meet - Sites ing, was again presented since Mr. Cannariato, representative from the Housing and Community Develop- ment Committee, was now present to respond to Council's questions. He stated that since the Committee had been unable to obtain sites from the initial phase of opera- tion, they would need authorization to search further in the City for alternative locations. They would like to explore the possibility of utilizing the McNally School site, which will be abandoned and put out to bid in 1979, and to make a thorough review of Redevelopment Area No. 1 to determine if the scattered -sites approach could be feasible, given the local land constraints. Vice Mayor Schafer gave an explanation of the Consortium of Cities concept, stating that it might be possible for the five -city consortium to obtain funding from the $825,000.00 returned to the Federal Government from the City of Orange. This could be leveraged, if granted, and could generate almost $8 million to be used jointly by these cities for either rehabilitation of existing housing or acquisition of small vacant sites through- out the five -city area: Santa Ana, Anaheim, Fullerton, Garden Grove, and Costa Mesa. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, the Housing and Community Development Committee was authorized to continue in- vestigating sites for family housing and the City is to notify the Consortium of Cities that we wish to continue joint funding requests for rehabilitation of existing housing and land acquisition to develop new housing units. 1 1 Public Hearing .The Clerk announced. -that this was the time and place ZE-78-135set-rior the publics hearing, continued from the meet- Yelland/Fenn ing of October 16', 1978, for. Council review of Zone Exception ZE-78-136, John Yelland, authorized agent for Karen Fenn, 1672 Placentia Avenue, Costa Mesa, for a Conditional Use Permit for a public storage facility with a manager's unit, and with variances from side setback, parking, and landscaping require- ments, located at 2097-2099 Placentia Avenue, in an MG zone. Environmental Determination: Negative Declaration. A petition in favor of the application containing seven neighbors' signatures has been re- ceived. eceived. The Assistant Director of Planning gave a short history of the project and stated that it is staff's recommendation that this project be approved. John Yelland, 765 Baker Street, was present to answer questions from the Council. Leo Rovin, 2094 Federal Avenue, Costa Mesa, spoke in support of the planned development. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, Councilman Raciti voting no, the re- quest was approved, based on the November 8, 1978, memorandum from the Planning Department to the City Council delineating its findings. Recess The Mayor declared a recess at 8:30 p.m. and the meeting reconvened at 8:40 p.m. Public Hearing The Clerk announced that this was the time and place Rate Increase - set for the public hearing regarding the Application Seal's Ambulance for Rate Increase from Seal's Ambulance Service, 535 Center Street, Costa Mesa. The Director of Finance Held Over has requested that this item be continued until the Council meeting of December 18, 1978. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, this item was continued as requested. Public Hearing The Clerk announced that this was the time and place Rate Increase:- set for the public hearing regarding the Application Schaefer Ambulance for Rate Increase from Schaefer Ambulance Service, 2215-19 South Bristol Street, Santa Ana. The Held Over Director of Finance has requested that this item be continued until the Council meeting of December 18, 1978. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, the request for continuance was approved. Public Hearing The Clerk announced that this was the time and place Condemnation of set for the public hearing, continued from the meet - McDonald Property ing of November- 6, 1978,.for the proposed resolution of necessity to condemn properties in connection with 19th Street the 19th Street widening, McDonald property, Parcel Widening 15, located at the southerly corner of 19th Street and Newport Boulevard. The Director of Public Ser- vices summarized the action that has been taken thus far to acquire the property that will be used by the City for the widening of 19th Street. Catherine Mc- Donald Reilly asked that the City not condemn the property at.this time because of financial hardships the McDonald family would experience with regard to their lease of the property to the Atlantic Richfield Company. This .prompted a discussion of the alterna- tives to condemnation at this time. Mrs. Reilly .suggested that the City wait until construction was imminent on the street widening and then purchase the property at that time. The Mayor pointed out that this could jeopardize the entire project. He asked the City Attorney if the entire McDonald property holdings could be acquired at this time by a joint action of the Redevelopment Agency and the City. Mr. Campagna replied that new eminent domain laws would allow for a full acquisition if the property owner is agreeable. He recommended that the con- demnation not be delayed. Further discussion ensued with regard to the legal aspects of the Mc- Donald lease and the City's options as to construc- tion procedure. Mrs. Reilly stated that she feels the street is wide enough at that point, that the City can expect difficulty acquiring properties adjacent to the McDonald properties, and that her remaining land will be ruined by the condemnation of the subject portion. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Vice Mayor Schafer, based on the evaluations of staff includ- ing the Planning Department Report dated May 22, 1978, a memo dated May 19, 1978, from the Planning Department to the Planning Commission, and a memo dated November 9, 1978, from the Assistant City Engineer to the City Council which includes the Resolution 78-112 findings, Resolution 78-112, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE AC- QUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY -DESIGNATED AS THE McDONALD PROPERTY ON 19TH STREET IN THE CITY OF COSTA MESA FOR A STREET WIDENING PROJECT, AND AUTHORIZING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-78-18 Ward set for the public hearing for Rezone Petition R-78- 18, Donald R. Ward, 380 West Wilson Street, Costa Denied Mesa, for permission to rezone property located at the above address_, from Cl to R3. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. The Council received copies of an agreement submitted by Mr. Ward.stipulating that 50 percent of the units constructed on this property would be dedicated to family housing. The Assistant Director of Planning summarized the background of this request and stated that an R3 project would generate one-half to one- third less traffic than a commercial zone. Elvin Hutchison, 2281 Fordham Drive, Costa Mesa, stated that he had a petition signed by 87 homeowners in opposition to R3 zoning because.of traffic and park- ing problems that would be created and he suggested that the City purchase the tennis courts for the park. Edgar Baume, 263 Bowling Green Drive, Costa Mesa, pre- sented a resolution signed by the Board of Directors of the College Park Homeowners Association in opposi- tion to the rezone. Tamar Goldmann, 2324 College Drive, Costa.Mesa, also spoke against the request. Stuart Fine, a member of the Racquet Club, informed the Council that financing had been arranged to keep the tennis club operating for five years, but is predicated on the rezone to R3. The Mayor explained that the club could remain if the property were re- zoned to.R3, but would be a nonconforming use. The applicant reiterated that he intends to make the tennis club a success, but will require the R3 zon- ing to do so. There being no other speakers, the Mayor closed the publ-ic hearing. Councilwoman 1 1 1 1 1 1 Hertzog asked the City Attorney to research whether the City could use developer park funds to purchase the tennis courts, perhaps under the Quimby Act. After discussion, on motion by Mayor McFarland, seconded by Councilwoman Hertzog, and carried, Councilman Raciti voting no, the rezone was denied. A motion -by Councilman Hall, seconded by Vice Mayor Schafer, to direct the staff to initiate a rezone to R2 on this property failed to carry, Council Members Schafer, Raciti, and Hertzog voting no:- On motion by Councilwoman Hertzog, seconded by Mayor McFarland, and carried, the staff was directed to initiate a rezone to Institutional and Recreational. Public Hearing The Clerk announced that this was the time and place R-78-19 set for the public hearing for Rezone Petition R -78 - Coast Community 19, John Scott, University Sales and Service, author - College District ized agent for Coast Community District, 1370 Adams Avenue, Costa Mesa, for permission to rezone an approximately 0.49 -acre parcel, located east of 2850 Harbor Boulevard, from I and R, Institutional and Recreational, to CL, Commercial Limited. Environment- al Determination: Negative Declaration. The Affi- davit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval. Mr. Scott was present to answer questions from the Council. Mayor McFarland expressed his concerns about the lack of landscaping on the University Sales and Service property. On a motion .by ,Councilman Raciti, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was adopted, and Ordinance 78-49, Ordinance 78-49 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF First -Reading COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF POR- TIONS,OF FAIRVIEW TRACT FROM I AND R TO CL, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-78-20 set for the public hearing for Rezone Petition R -78 - Coast Community 20, Nabers Cadillac, authorized agent for Coast College District Community College District, 1370 Adams Avenue, Costa Mesa, for permission to rezone an 0.86 -acre parcel, located on the southwest portion of the Orange Coast College Campus, easterly of 400 Merrimac Way, from I and.R, Institutional and Recreational to P, Off - Street Parking. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's Office. No communications have been received. The Planning Commission recom- mended approval. Charles Trapp, 2600 Harbor Boule- vard, Costa Mesa, was present to answer questions from the Council. Mayor McFarland expressed his concern about the lack of landscaping provisions on property belonging to Nabers Cadillac. Tamar Gold- mann, 2324 College Drive, Costa Mesa, spoke in support of the Mayor's position. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Council- woman Hertzog, the Negative Declaration of Environ - Ordinance 78-50 mental Impact was adopted, and Ordinance 78-50, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF FAIRVIEW AND BANNING TRACTS FROM I AND R TO P,.was given first reading and passed to second reading by the following roll call vote: IL AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: McFarland ABSENT: Council Members: None Mayor Absent The Mayor left the Council Chambers at 10:30 p.m., and returned at 10:35 p.m. Day Care Centers The Clerk presented a Planning Commission recommenda- in Residential tion to allow licensed day care centers for six Zones children or less in residential zones. Councilwoman Hertzog requested that this matter be discussed at a Referred to Study Session. Keith Barmeister, 2530 Fordham Drive, Study Session Costa Mesa, spoke in opposition to the -Commission's recommendation to allow variances and presented a petition to the City Clerk containing 206 signatures. Chris Blank, 2076 Phalarope Court, Costa Mesa, asked if this were a public hearing. Councilwoman Hertzog replied that Council was asking for input from the public on this, matter. Frank Spanberger, 2449 Andover Place, Costa Mesa, spoke in opposition to child care centers on residential property. On motion by Councilman Hall, seconded by Mayor McFar- land, and carried, this item was referred to the Council Study Session of January 8, 1979. Request for The Clerk presented a request from Vice Mayor Review Schafer for Council review of the Planning Commis- ZE-78-180 sion's approval of Zone Exception ZE-78-180, Mr. and Ford Mrs. R. Spencer Ford, 2524 Fordham Drive, Costa Mesa, for a Conditional Use Permit to operate a day care Held Over facility with use of garage in an existing single- family residence, located at the above address, in an R1 zone. Environmental Determination: Exempt. Since this request is so closely allied to the previ-. ous item, a motion was made by Councilman Hall, seconded by Councilwoman Hertzog, and carried, to continue this item to the meeting of January 15, 1979. Oral Charles Kalagian, 2321 College Drive, Costa Mesa, Communications spoke in opposition to the Council's decision to rehear its denial of the dance permit at Cagney's, Dance Permit - 2300 Harbor Boulevard, and presented a petition Cagney's containing 125 signatures in opposition to the disco. Victoria School Mike Lennon, 1014 Linden Place, Costa Mesa, informed the Council of the imminent closing of Victoria School and asked them to investigate the possibility of incorporating that facility into recreational planning for Costa Mesa's west end residents, and Sunshine Studio commended the Council on its actions thus far regard- ing the suit against Sunshine Studio, urging them to continue pressing the litigation. Outreach Program Stephanie Richards, 132 East 18th Street, Costa Mesa, the Administrative Assistant for the Outreach Pro- gram, presented copies of a letter requesting consid- ertion be given allowing the program to make late application for Revenue Sharing Funds for 1979. The Assistant to the City Manager stated that paperwork has been submitted to his office. Mayor McFarland requested the Assistant to the City Manager to set up a meeting to discuss the application, to be attended by the City Manager's Assistant, Mayor McFarland, and Councilman Raciti. Notification of Tamar Goldmann, 2324 College Drive, Costa Mesa, asked Council Action if it were possible for the Council to have all in- terested parties notified if an item is expected to I- L Councilmanic Comments Sign Ordinance Referred to Study Session Orange County Airport TeWinkle Park be discussed at a Council meeting. that notification is published in Legal Notice section and that all 300 -foot radius of the area under fied by the Planning Commission wh made for zoning matters. The Mayor explained the newspapers in the residents within a discussion are noti- en application is Councilman Hall stated that there are problems with regard to the enforcement of the Sign Ordinance. A motion was made by Councilman Hall, seconded by Vice Mayor Schafer, to discuss the implementation of the Sign Ordinance at the Study Session of December 11, 1978. Mayor McFarland stated that he thought the City had a good Sign Ordinance and that it should be continued as it was intended. Councilman Raciti stated his support of leaving the Ordinance as it now stands. The motion carried, Council Members McFarland and Raciti voting no. Mayor McFarland advised the Council that an agreement had been reached between the City of Newport Beach and the Orange County Board of Supervisors but that the County Counsel stated it would be an illegal agreement. Supervisor Riley will form a committee and have a report back to the Board within 45 days. Mayor McFarland requested that this subject be dis- cussed at the Study Session of December 11, 1979. A memorandum from the Assistant City Attorney regard- ing TeWinkle Park will be discussed in an Executive Session after this meeting and also at the Study Ses- sion of December 11, 1979. Adjournment to At 11:50 p.m., the Mayor adjourned the meeting to Executive Session the first floor Conference Room of City Hall for an Executive Session to discuss pending litigation. Adjournment The Mayor adjourned the meeting at 12:25 a.m. Mayor of the eTty ofCos a Mesa ATTEST: Ci y Clerk of the .City of Costa..'Y a LI