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HomeMy WebLinkAbout08/03/1981 - City Council317 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 3, 1981 The City Council of the City of Costa Mesa, California, met in regular session on August 3, 1981, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Chaplain William Robert Parry, Hoag Memorial Hospital - Presbyterian. Roll Call Council Members Present: Schafer, Hall, McFarland, Johnson Council Members Absent: Hertzog Officials Present: Assistant City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes - On motion by Vice Mayor Hall, seconded by Councilman July 20, 1981 McFarland, and carried, the minutes of the regular meeting of July 20, 1981, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilman McFarland, seconded by Vice Mayor Hall, and carried, to read all ordinances by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 5, South Coast Plaza Area Transportation Study; and Item 16(a), Bid Item 508, leased vehicle for City Manager's Department. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Reading Folder On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the following Reading Folder items were received and processed: Claims The following claims were received by the City Clerk and no action was required: Doreen Chen; and Mesa Verde Villas Homeowners Association. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion, "from: Pizza Time Theatre, Incorporated, doing business at 2300 Harbor Boulevard, Suite 31-35; Divina Yague Buehlman, doing business as Oriental Grocery, 3019-A Harbor Boulevard; Thuy Do and Hai V. Nguyen, doing business as Harbor Liquor, 1927-B Harbor Boulevard. Route 55 Resolution from the City of Newport Beach con- curring in the reclassification of State Route 55 from a Federal Aid Urban (FAU) route to a Federal Aid Primary (FAP) route. The Costa Mesa City Council adopted similar Resolution No. 81-66 on July 20, 1981. San Onofre Resolution from the County of Los Angeles Board Nuclear Power of Supervisors which supports licensing Units II Plant and III of the San Onofre nuclear power plant; developing alternative forms of energy such as solar, geothermal, and wind; and continued com- mitment to conservation of our energy resources. The Costa Mesa City Council adopted similar Reso- lution No. 81-57 on June 15, 1981. Peripheral Canal Resolutions from the cities of Fontana and San Juan Capistrano supporting ratification of the peripheral canal referendum. Detention A report from the County of Orange Human Services Facility Agency relating to their inspection of the City Inspection of Costa Mesa detention facilities. Public Utilities Notice from the Public Utilities Commission that Commission Application No. 60713 has been filed by Southern California Edison Company for authority to revise its energy cost adjustment clause rates in accordance with Decision Nos. 92496 and 93129. Notice from the Public Utilities Commission of an amendment to Application No. 60487, Paul R. Artac, doing business as Sundance Transportation, for authority to increase fares for its home -to - work service. Communication from James H. Lyons, representing Airport Service, Incorporated, that a request for End - Reading authority to make minor route changes has been Folder submitted to the Public Utilities Commission. Business Permits A request was presented from Covered Wagon Saloon, 2831 Bristol Street, Costa Mesa, for an entertainment permit Covered Wagon to allow live bands and public dancing at the above Saloon address. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the permit was approved until June 30, 1982, subject to conditions of the Revenue Division. Road's End A request was presented from Road's End, 1830 Newport Boulevard, Costa Mesa, for an entertainment permit to allow live bands and public dancing at the above address. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the permit was approved until June 30, 1982, subject to conditions of the Revenue Division. Claim - Gillespie On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Nancy Gillespie Rejected was rejected. Senate Bill 821 On motion by Councilman McFarland, seconded by Vice Bicycle Trails Mayor Hall, Resolution 81-68, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 81-68 APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS AUTHORIZED UNDER SB -821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Agreement/Nord An agreement with Simon R. Nord, Jr. and Margaret L. Nord, 1414 Dover Drive, Newport Beach, was presented, 19th Street for acquisition of property located at 1894-1/2, 1896, Widening Project and 1898 Harbor Boulevard, designated Parcel 21, relat- Parcel 21 ing to the 19th Street widening project. The agreement 319 stipulates that the City shall pay $283,020.00 as the full purchase price; and escrow shall close within 60 days after the City executes said agreement. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the agreement was approved, and the Mayor and Clerk were authorized to sign on'behalf of the City, by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Agreement/City An agreement with the City of Santa Ana was presented, of Santa Ana for reimbursement of expenditures for construction of certain drainage facilities in conjunction with the Improvement improvement of MacArthur Boulevard, from approximately of MacArthur 1,100 feet west of Harbor Boulevard to the bridge Boulevard approach over the Santa Ana River. The agreement stipulates an approximate payment of $13,947.00 by the City of Santa Ana for subject improvements. On motion by Councilman McFarland, seconded by Vice Mayor Hall, 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: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: 'Council -Members: Hertzog Parcel Maps Improvements have been completed to the satisfaction of S -78 -34 -and the Director of Public Services by The Irvine Company, S-79-391 - The 550 Newport Center Drive, Newport Beach, in connection Irvine Company with Parcel Maps S-78-34 and S-79-391, for property a located on Airway Avenue between Baker Street and Paularino Avenue. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Agreement/Pacific An agreement with Pacific Relocation Consultants, 11600 Relocation Washington Place, Suite 217, Los Angeles, was presented, Consultants to provide relocation services for the City, in connec- tion with relocation assistance and payments to persons Relocation whose real property is acquired for public purposes.- On Services motion by Councilman McFarland, seconded by Vice Mayor Hall, 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: Schafer-, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: 'Hertzog Change Order Change Order No. 15, in the amount of $33,725.00, was No. 15 - All presented, and relates to the contract with All American American Asphalt Asphalt, to slurry seal additional streets in connection with Street Maintenance 1979-80 Phase II and 1980-81. Street On motion by Councilman McFarland, seconded by Vice Maintenance Mayor Hall, the change order was approved by the following roll call vote: ' AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Final Map for The Final Map and a Subdivision Agreement were presented Tract 11461 - The for Tract 114611, The Harbor Company, 310 Old Newport Harbor Company Road, Newport Beach; one lot, 0.27 -acre, located at 310 16th Place, for condominium purposes. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the map and agreement were approved; the Council did accept on behalf of the public the dedication of a three-foot public utility easement, and the alley; did also accept on behalf of the City the ingress/ egress easement for emergency vehicles as dedicated; approved subject map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act; the Clerk was authorized to sign the map; and the Mayor and Clerk were authorized to execute the Subdivision Agreement. The motion car- ried by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Workers' A request was presented to deposit $33,400.00 with Compensation Fred S. James and Company, 2415 Campus Drive, Suite 100, Stop Loss Irvine, for securing Workers' Compensation Stop Loss Coverage coverage through Mission Insurance Company. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the request was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Conference A request was presented for a Conference Advance, in the Advance amount of $360.00, for a police captain to attend FBI National Academy Associates in San Diego, September 20 to 23, 1981. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the request was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council -Members: None ABSENT: Council Members: Hertzog Senior Accountant A proposed resolution was presented to establish a new Classification job classification of Senior Accountant. On motion by Councilman McFarland, seconded by Vice Mayor Hall, Resolution 81-69 Resolution 81-69, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CREATING A NEW JOB CLASSIFICA- TION AND ESTABLISHING THE RATE OF PAY FOR THE POSITION TO BE PLACED UNDER THE BASIC SALARY RESOLUTION, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Bid Item 509 Bids received for Bid Item 509, Demolition, Removal, and Demolition of Disposal of Various Structures within the City of Costa Structures Mesa, are on file in the Clerk's office. A motion was made by Councilman McFarland, seconded by Vice Mayor Awarded to A-1 Hall, awarding the contract to A-1 Land Clearing Company, Land Clearing 9112 Hyde Park Drive, Huntington Beach, in the amount of $11,555.00. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Purchase of Radio A request was presented for authorization to purchase Equipment from radio equipment, in the amount of $16,400.00, from sole Motorola source vendor, Motorola Corporation. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the purchase was approved by the following roll call vote: Assessment On motion by Councilman.McFarland, seconded by Vice District 80-1 Mayor Hall, Resolution 81-71, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 81-71 APPOINTING PAYING AGENT FOR PURPOSES OF SERVICING CER - Appointing Paying TAIN ASSESSMENT BONDS, relating to Assessment District Agent 80-1, Sunflower/MacArthur Industrial Area, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council. Members: None ABSENT: Council Members: Hertzog Budget On motion by Councilman McFarland, seconded by Vice Adjustment 82-06 Mayor Hall, Budget Adjustment 82-06, in the amount of $43,000.00, for widening of the southbound approach - Bristol Street,and the San Diego Freeway, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog South Coast Plaza Item 5 on the Consent Calendar, South Coast Plaza Area Transportation Transportation Study,.was presented. Jack Polans, 2864 Study Royal Palm Drive, Costa Mesa, asked questions regarding the subject study, and the Mayor responded that a copy of the document was available for the public to read. On motion by Vice Mayor Hall, seconded by Councilman AYES:.. Council Members: Schafer, Hall, McFarland, Johnson .NOES: Council Members: None ABSENT: Council Members: Hertzog Purchase of Lawn A request was presented for.authorization to purchase Mowing Equipment lawn mowing equipment, in the amount of $6,492.50, from from Toro Pacific sole source vendor, Toro Pacific Distributing Company. On motion,by Councilman McFarland, seconded by Vice Mayor Hall, the purchase was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Modification of A request was presented for authorization to modify and Air Conditioning upgrade the existing air conditioning monitoring system, by Honeywell Honeywell BOSS System, in the Police and City Hall facilities by sole source vendor, Honeywell Corporation. Cost for installation of material is $73,000.00 and the monthly maintenance charge is $1,600.00. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the request was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Assessment A proposed resolution was presented levying an assess - District 80-1 ment for fiscal.year 1981-82,. for the retirement of bonds concerning Assessment District 80-1, Sunflower/ MacArthur Industrial Area. On motion by Councilman Resolution 81-70 McFarland, seconded by Vice.Mayor Hall, Resolution Approving 81-70, being A RESOLUTION OF THE CITY COUNCIL OF THE Auditor's Record CITY OF COSTA MESA, CALIFORNIA, APPROVING AUDITOR'S RECORD FOR SPECIAL ASSESSMENT DISTRICT, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Assessment On motion by Councilman.McFarland, seconded by Vice District 80-1 Mayor Hall, Resolution 81-71, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 81-71 APPOINTING PAYING AGENT FOR PURPOSES OF SERVICING CER - Appointing Paying TAIN ASSESSMENT BONDS, relating to Assessment District Agent 80-1, Sunflower/MacArthur Industrial Area, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council. Members: None ABSENT: Council Members: Hertzog Budget On motion by Councilman McFarland, seconded by Vice Adjustment 82-06 Mayor Hall, Budget Adjustment 82-06, in the amount of $43,000.00, for widening of the southbound approach - Bristol Street,and the San Diego Freeway, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog South Coast Plaza Item 5 on the Consent Calendar, South Coast Plaza Area Transportation Transportation Study,.was presented. Jack Polans, 2864 Study Royal Palm Drive, Costa Mesa, asked questions regarding the subject study, and the Mayor responded that a copy of the document was available for the public to read. On motion by Vice Mayor Hall, seconded by Councilman 322 McFarland, and carried, the subject transportation study was received and filed; and staff was directed to pursue the recommendations contained in the communication dated July 24, 1981, from the Director of Public Services. Bid Item 508 Item 16(a) on the -Consent Calendar, Bid Item 508, Leased Held Over Vehicle for the City Manager's Department, was presented. On motion by Councilman McFarland, seconded by Vice End of Consent Mayor Hall, and carried, this item was continued to the Calendar meeting of August 17, 1981. Business Permit The Clerk presented from the meeting of July 6, 1981, a Notice of Intention to Appeal or Solicit for Charitable Our Community in Purpose from Our Community in Action, Post Office Box Action 5029, Buena Park, by door-to-door solicitation from July 15 to October 15, 1981. There was no one present to represent the applicant. During discussion, the Council voiced concern that only 20 percent of the funds solicited by the subject organization would apply to the charitable purpose, and 80 -percent for overhead. The City Attorney reported that because of recent court decisions, denial of a charitable solicitation permit because of the small percentage actually being used for charity, might be invalidated by the court. A motion was made by Councilman McFarland, seconded by Councilman Johnson, and carried, approving the permit for 90 days effective August 3, 1981, subject to the following con- ditions: (1) Comply with the requirements of State law relating to "charitable solicitations", including but not limited to the provisions of Business and Profes- sions Code, Division 7, Part 3, Chapter 1, Article 1.3, Sections 17510-17510.7; (2) Submit the "Information Cards" required by State law to the Revenue Division for review prior to beginning of the actual solicita- tion; (3) An adult of 21 years or older be employed as an in -field supervisor for every 10 juvenile solicitors; (4) Any solicitor who comes within the jurisdiction of the Juvenile Court under Welfare and Institutions Code Section 602(j) and who has been adjudged a ward of Juvenile Court shall submit proof to the Revenue Divi- sion that the Juvenile Court probation authorities have been informed of his or her employment as a charitable solicitor; (5) Inform the Chief of Police on a daily basis which areas of the City they intend to canvass; (6) The hours of solicitation shall be from 4:30 p.m. to 8:00 p.m. daily (this is in agreement with the applicant's express desire that the hours of solicita- tion be structured so as to not adversely affect a juvenile solicitor's school work); (7) As per appli- cant's request, the period of solicitation shall be limited to 90 days; and (8) All solicitors under 18 years of age must provide the Revenue Division with a copy of their work permit issued from the high school that they are attending. EP -81-01 The Clerk presented from the meeting of July 6, 1981, Pacific Federal Encroachment Permit EP -81-01, Pacific Federal Savings and Loan Association, 234 East 17th Street, Costa Mesa, for permission to improve the frontage road along New- port Boulevard for property located at 400 West 19th Street, in a Cl zone. The Development Services Director referred to a memorandum from the Planning Division dated July 30, 1981, which includes modifications to the original application, and states that CALTRANS has advised the City that if all improvements are to be made on City right-of-way, then authority to issue an encroachment permit is with the City. The Planning staff has recommended approval of the modified plan, subject to conditions, including modification to Condi- tion No. 2, deletion of Conditions No. 4 and No. 5, and addition of Condition No. 11. Mark Letter, representing the applicant, spoke in opposition to the following Con- ditions: No. 7, Property owner shall be responsible for maintaining the bus shelter on West 19th Street to the satisfaction of the Public Services Director; No. 11, Applicant shall provide a Title Guarantee stating that all lands proposed for improvements are under the juris- diction of the City of Costa Mesa. During discussion, Mr. Letter answered questions from the Council, and thereafter, a motion was made by Councilman McFarland, seconded by Vice Mayor Hall to approve the encroachment permit subject to conditions including Condition No. 7; modification of Condition No. 2 to read, "Property owner is responsible for obtaining any permits required by CALTRANS"; deletion of Conditions No. 4 and 5; addition of Condition No. 11 as stated above; and based on the analysis and findings contained in the Staff Report of March 23, 1981. The motion carried, Vice Mayor Hall voting no. Warrant On motion by Councilman McFarland, seconded by Vice Resolution 1149 Mayor Hall, Warrant Resolution 1149, including Payroll 8115, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Warrant On motion by Councilman McFarland, seconded by Mayor Resolution 1150 Schafer, Warrant Resolution 1150 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog EP -81-03 The Clerk presented from.the meeting of July 20, 1981, Werner Encroachment Permit EP -81-03, Lawrence M. Werner, 1939 Irvine Avenue, Costa Mesa, for permission to encroach Held Over approximately four feet into the public right-of-way for construction of a six-foot masonry wall, located at the above address in an R1 zone. The Development Services Director summarized a:memorandum from the Planning Division dated July 30, 1981, which contains three alternatives recommended by staff. The Planning Com- mission recommended approval subject to five conditions contained in the Staff Report. The aforementioned memorandum contains Conditions No. 6 and No. 7 which were recommended by the City Attorney, and Condition No. 8, recommended by the Planning staff, should the Encroachment Permit be approved. Lawrence Werner was present and answered questions from the Council. Mr. Werner pointed out that the wall would be constructed of stone and spoke in support of his request. After discussion of the three alternatives proposed by staff, a motion was made by Vice Mayor Hall, seconded by Coun- cilman McFarland, and carried, approving construction of the stone wall with necessary setbacks for sight distance on Irvine Avenue. Thereafter, Vice Mayor Hall made a motion to continue the encroachment permit to the meeting of August 17, 1981. The motion was seconded by Councilman Johnson, and carried. Jack Hall Mayor Schafer introduced Jack Hall, newly -appointed Recognized member of the Mesa Consolidated Water District Board of Directors. Recess The Mayor declared a recess at 7:30 p.m., and the meeting reconvened at 7:35 p.m. Agreement/School The Assistant City Manager presented an agreement with District Newport -Mesa Unified School District, for the City to `323 .324 lease Rea Middle School, located at 601 Hamilton Lease of Rea Street. The agreement stipulates a base yearly payment School by City of $110,000.00 for a five-year period, and the lease becomes effective September 1, 1981. Proposed uses for the subject facility are community service and recrea- tion/cultural programs. On motion by Vice Mayor Hall, seconded by Councilman McFarland, the lease 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: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Narmco Materials As requested by the Council at their meeting of July 20, Site Studies 1981, the Assistant City Manager presented a report dated July 31, 1981, concerning site studies for Narmco Materials, Incorporated, 600 Victoria Street, Costa Mesa. Based on the information contained in the subject report, a motion was made by Councilman McFarland, sec- onded by Vice Mayor Hall, authorizing the negotiation of a contract with BCL Associates, Long Beach, in an amount not to exceed $20,000.00, for specific air quality checks on the Narmco site. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council.Members: None ABSENT: Council Members: Hertzog Bid Item 505 The Assistant City Manager requested authorization to Demolition of draw a warrant,.in the amount of $10,218.00, payable Structures to the.Wizard of Wrecking, Anaheim, in connection with Bid Item 505, Demolition of Certain Structures within Warrant the City. On motion by Vice Mayor Hall, seconded by Authorized Councilman Johnson, the request was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Public Hearing The Clerk announced that this was the time and place set Drilling by Barto for the public hearing to consider a request from Rutan Oil Company and Tucker, 4'01 Civic Center Drive, Santa Ana, to permit Barto Oil Company to continue oil well operations on Denied property located west of Whittier Avenue within the City limits. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. A memorandum from the Planning Division dated July 30, 1981, gives a chronology of events relating to four proposed oil wells, three of which have been drilled. Roger Grable, attorney with Rutan and Tucker, referred to his letter to the Council dated July 10, 1981, and summarized the contents which relate to the operations on the subject property since 1946. Mr. Grable answered questions from the Council regarding the contents of the subject letter. Eugene Bottoms, 6581 Sutton Street, Westminister, Petroleum Geologist for Barto Oil Company, explained the new method of oil recovery which is being utilized on the subject property. Jerrel Barto, 2082 South East Bristol Street, Santa Ana, expanded on the contents of the aforementioned letter from Rutan and Tucker; expressed his intention of cooperating with nearby residents who have been inconvenienced by his oil well operations;:and in response to questions from the Council, stated that he intended to drill seven to nine additional wells. Gerald Myslinski, 1880 Parkview Circle, Costa Mesa, President of the Oceanview Park Homeowners Association, stated that on one occasion a 325 well on the Barto property sprayed oil over approxi- mately one-third of the Oceanview Tract; also, that the fumes resulting from this incident made it necessary to stay indoors. Mr. Myslinski further reported that the noise originating from the subject property is constant from approximately 6:30 a.m. to the evening hours, seven days a week. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, spoke in opposition to continued drilling. Kay Covington, representing Troy Investment Fund, 4321 Birch Street, Newport Beach, owner of Pacific Bluffs Industrial Park, which is located adjacent to the Barto property, related that Barto Company trucks were being driven through the industrial park, leaving debris and heavy layers of mud. Ms. Covington added that Mr. Barto was requested to clean up the debris, however, the request was ignored. Vernon Taylor, 1889 Parkview Cir- cle, Oceanview Park resident, stated his opinion that noise and pollution laws were being violated. Carol Reynolds, Oceanview Park resident, reported that Mobil Oil Company, located in the subject area, has been very cooperative in alleviating any problems caused by its operation. Mrs. Reynolds stated that the noise, pollu- tion, and oil spills caused by the Barto operation are depriving -neighboring residents of the enjoyment of their homes. Bernat Herskovets, 1867 Parkcrest Drive, Costa Mesa, also an Oceanview Park homeowner, played a recording which he taped at his home, and alleged that the noise was coming from the Barto property. Mr. L. J. Post, 1043 Center Street, Costa Mesa, stated his opinion that the City -had no authority to disrupt Mr. Barto's operations. Mr. Post also submitted photos of the Pacific Bluffs Industrial complex, stating that the tenants are causing the disarray on that property. Mary Ann Wood, 1869 -Parkview Circle, Oceanview Park resident, complained of the noise from oil trucks being driven past her home at 6:30 a.m., and further related that it appeared oil, was spilling from the vehicles. There being no other speakers, the Mayor closed the public hearing. At the suggestion'of the Mayor, the Council adjourned to a closed session at 9:10 p.m., in the first floor Conference Room, to discuss possible litigation relating to this item. The meeting recon- vened at 9:35 p.m. A motion was made by Vice Mayor Hall, seconded by Councilman Johnson, directing the City Attorney's office to take the necessary steps to enforce the City's ordinance in regard to the prohibi- tion of drilling oil wells within the City's confines. The motion carried unanimously. Public Hearing The Clerk announced that this was the time and place R-81-07 set for the public hearing for Rezone Petition R-81-07, Ross/Dowdney Lewis J. Ross, 3185-J Airway Avenue, Costa Mesa, author- ized agent for Frank Dowdney, 31 Rancho, Tustin, for permission to rezone property located -at 3144-3156 Bear Street from Rl to CL. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. A petition was submitted to the Clerk which contained signatures of 242 neigh- boring residents in support of the rezone. The Develop- ment Services Director summarized the contents of the Staff Report, and reported that the Planning staff recommended approval of the request, but the Planning Commission recommended denial. Lewis_ Ross, authorized agent, spoke in support of CL zoning and answered ques- tions from the Council. Randy Warsnak, 206 West Nobel Avenue, Santa Ana, stated that he'had circulated the aforementioned petition for the applicant and that the neighbors were in favor of the -restrictive CL zoning. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Mayor Schafer, the Negative Declaration of 326 Ordinance 81-12 Environmental Impact was adopted; Ordinance 81-12, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT ONE, BLOCK "C", BERRY TRACT, FROM R1 TO CL, was given first reading; and second reading and adoption of the ordinance was continued until after the project has been approved by the Council. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, NOES: Council Members: Johnson ABSENT: Council Members: Hertzog Public Hearing The Clerk announced that this was the time and place set Weed Abatement for the public hearing to consider a proposed resolution relating to the City's weed abatement program. The Affidavit of Posting is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Vice Mayor Resolution 81-72 Hall, Resolution 81-72, being A RESOLUTION OF THE CITY Report Approved COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE, SHOWING THE COST OF REMOVING THE RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members:. Hertzog Rehearing of The Clerk announced the rehearing of Zone Exception ZE-81-93 - Elder ZE-81-93, denied by Council and the Planning Commission, for Gary Elder, Post Office Box 1470, Costa Mesa, for a Held Over variance from parking requirements for property located at 3520 Cadillac Avenue, in an MP zone. Environmental Determination: Exempt. The Affidavit of Mail is on file in the Clerk's office. The Development Services Director reviewed the application as detailed in the Staff Report, pointing out that the appellant is requesting approval for 37 parking spaces but the City code stipulates 39. Gary Elder was present and spoke in support of his request. After discussion, a motion was made by Councilman McFarland, seconded by Councilman Johnson, to deny the variance based on the information contained in the Staff Report and the recommendation of the Planning Commission. The motion failed to carry, Council Members Schafer and Hall voting no. A motion was made by Councilman McFarland, seconded by Vice Mayor Hall, and carried, to continue this item to the meeting of August 17, 1981, when the full Council will be present. Oral John Moran, 973 Arbor Street, Costa Mesa, thanked the Communications Council for the new fence erected at the City park in his neighborhood. Narmco Air Jack Polans, 2864 Royal Palm Drive, Costa Mesa, read Pollution his letter, which was submitted for the record, request- ing the Council to form a Department of Air Pollution in order to deal with the Narmco plant noxious emissions problem. Mayor Schafer responded that the Council had already taken action earlier in the meeting. Sydney Soffer, 900 Arbor Street, Costa Mesa, appeared because he understood that a public hearing was being held this evening concerning the Narmco pollution prob- lem. The Mayor responded that the public discussion was held on July 20, 1981. 1 t3 '7 Adjournment The Mayor declared the meeting adjourned at 10:25 p.m. Mayor of the City o Costa T esa ATTEST: p . City Clerk of the City of Costa sa