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HomeMy WebLinkAbout02/02/1976 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February -2, 1976 The City Council of the City of Costa'Mesa met in regular session at 6:30 p.m., February 2, 1976, 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 Donald Thurman, Costa Mesa Nazarene Church. Roll Call Council Members Present: Pinkley, Hammett, Wilson, Raciti, Hertzog Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk Minutes The Mayor declared the Minutes of the regular meeting January 19, 1976 of January 19, 1976, approved as distributed and posted as there were no corrections. Ordinances On motion by Councilman Hammett, seconded by Council- woman Hertzog, and carried, all ordinances will be read by title only. - On motion by Councilman Wilson, seconded by.Mayor Resolution 76-15 Pinkley, Resolution 76-15, being A RESOLUTION OF THE Changing the Name CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, of Newport Freeway REQUESTING THAT -THE NAME OF THE NEWPORT FREEWAY BE to Costa Mesa CHANGED TO THE COSTA MESA FREEWAY, was adopted by the Freeway following roll call vote: AYES: Council Members: Pinkley, Hammett; Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Ontario Item 9 under Old Business was taken out of order and International presented at this time. Raymond R. Hajek, Chairman Airport of the Aviation Committee, presented a report in response to resolutions from the cities of Newport Beach and Yorba Linda concerning the use of Ontario International Airport as the solution to Orange County's need for a regional airport. Mr. Hajek stated that it was the unanimous recommendation -of the committee that the City Council not support these resolutions. This recommendation is based on the committee's findings which are outlined in a memo to the Council, dated January 28, 1976. After discussion, on motion by Councilman Hammett, seconded by Councilman Wilson, and carried, the Aviation Committee's recom- mendation and findings were supported and adopted. Assembly Councilman Wilson recommended that the Council go on Bill 15 record in opposition to Assembly Bill 15, introduced by Assemblyman Warren, pertaining to a development freeze on agricultural land in the State. On motion by Councilman Wilson, seconded by Councilwoman Resolution.76-16 Hertzog, Resolution 76-16, being A RESOLUTION OF THE Opposing A.B. 15 CITY COUNCIL OF THE CITY OF COSTA MESA EXPRESSING OPPOSITION TO ASSEMBLY BILL 15 OF THE 1975-76 REGULAR SESSION OF THE CALIFORNIA LEGISLATURE, RELATING TO CALIFORNIA.AGRICULTURAL LANDS; CREATING THE AGRICUL- TURAL RESOURCES COUNCIL AND PROVIDING FOR ITS POWER TO REGULATE LAND USES; PROVIDING FOR METHODS OF TAXATION ON -SAID PROPERTY.AND_EXPRESSING REASONS THEREFOR, was adopted by the following roll call vote AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ZE-75-134 The Clerk presented from the meeting of January 19, Nissan Motors 1976, an application for -Zone Exception ZE-75-134, Nissan Motor Corporation in U.S..A., 18501 South Denied Figueroa Street, Carson, for a variance from Sign Code to allow deviation in sign area, height, and letter height, in an MP zone located at 1683 Sunflower Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. Ben Machinist, Regional Manager for Nissan Motor Corporation, was present and presented rationale in support of the request. After discussion, on motion by Councilman Hammett, seconded by Councilman Wilson, and carried, the request was denied. Ordinance 75-50 On motion by Councilman Wilson, seconded by Councilman Pinecreek-Adams. Hammett, Ordinance 76-6, being AN ORDINANCE OF THE Planned CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Development AMENDING ORDINANCE NO. 75-50 CONCERNING CORRECTING A CLERICAL ERROR ON ONE CONDITION FOR APPROVAL OF THE Ordinance 76-6 PLANNED DEVELOPMENT LOCATED AT 1300 ADAMS AVENUE, Adopted COSTA MESA, CALIFORNIA, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None R-75-29. On motion by Councilman Raciti, seconded by Council - Donald Investment woman Hertzog, Ordinance'76-7, being AN ORDINANCE OF Company. THE CITY COUNCIL OF THE'CITY.OF-COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA OF WEST SEVEN - Ordinance 76-7 TEENTH STREET AND PLACENTIA.AVENUE, FROM C2 TO MG, Adopted was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None R-75-31 On motion by Councilman Hammett, seconded by Councilman Wilson, Ordinance 76-8, being AN ORDINANCE OF THE CITY Ordinance 76-8 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Adopted THE ZONING IN.THE GENERAL AREA BETWEEN NEWPORT BOULE- VARD AND BRISTOL STREET.AND PAULARINO AVENUE AND BAKER STREET,_FROM ML TO MG, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None R-75-32 On motion by Councilman Raciti, seconded by Council- woman Hertzog, Ordinance 76-9, being'AN ORDINANCE OF 148 Ordinance 76-9 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING IN THE GENERAL AREA EAST OF HARBOR BOULEVARD ON LOGAN AVENUE, FROM ML TO MG, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley,-Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None R-75-33 ABSENT: Council Members: None On motion by Councilman Wilson, seconded -by Council- woman Hertzog, Ordinance 76-10, being AN ORDINANCE OF Ordinance 76-10 THE CITY COUNCIL OF THE CITY OF COSTA.MESA, CALIFORNIA, Adopted CHANGING THE ZONING IN THE GENERAL:AREA NORTHEAST OF BRISTOL STREET AND'RANDOLPH AVENUE, FROK'ML-TO MG, was given second reading and adopted by the" -following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Vehicle Parking The City Manager requested authorization.to proceed District No. 1 with the appraisal'of property necessary to determine the cost of acquiring additional parking spaces in Vehicle Parking District No. 1. The -need for addi- tional parking spaces was determined by Resolution 75-144, adopted,by'Council:December..15,.1975.. On motion'by Councilman Wilson,. seconded by Councilwoman Hertzog, the City Manager was authorized to proceed with the appraisal, by the following roll call vote: AYES:. Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES:,- Council Members: None ABSENT: Council Members: None Golf Course Drive The Clerk announced that this was the time and place Median Strip for the public discussionconcerning the removal of the 12 -foot median strip on Golf Course Drive. The City Manager.indicated his concern with the frequency of trafficaccidents in this area as well,as problems of ingress for fire trucks, and recommended that the median be redesigned to a six-foot landscaped median. The following Costa Mesa residents spoke in support of retaining the median strip and;reducing its size to six feet: Mariel Geiss,2701 Cardinal Drive; Pat Armstrong., 27.61.Bunt-ing Circle; Mrs. Howard, 2120 Starbird Drive; and John Lyons, 1854 Kinglet Court, representing the Mesa Verde Homeowners Association. The following Costa Mesa residents favored retaining the median as it now exists: Norman French, 2865 Stromboli Road; and'Hugh Wilkoff, 2702 Starbird Drive. Giselle Erickson,.302 Victoria Street, suggested that the installati6n of a bike lane in this vicinity would add to the safety as well as discourage parking. Gary Fenati, 1781 Oriole Drive, asked that consideration be given to the placement of stop signs in the vicinity.of Tanager'and.Golf Course Drives, and at Tanager Park. 'After considerable discussion, a motion was made by Councilman Raciti, seconded by Councilman Hammett, and carried, to redesign the median to a six-foot median, to consider the possibility ofd shortening its length, and the Traffic.Engineer was requested to investigate the request for stop signs at the previously stated locations'. Traffic Signals The City Manager presented from the meeting of at Estancia High January 19, 1976, a recommendation from the Traffic School Commission for installation of traffic signals at Estancia High School. After conferring with the City/School Liaison Committee, the City Manager requested authorization to (1) reduce the previously approved .traffic enforcement on Estancia-Drive (Placentia Avenue) to the afternoon only at the north parking lot adjacent to the tennis courts; and (2) instruct the Traffic.Engineer to commence the design for the traffic signal installation immediate- ly, which will :include redesign of the school's internal parking facilities; funding to be negotiated with the.District, but if necessary, included in the 1976 -77 -City Budget. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the City Manager was authorized to proceed as requested. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 2,.a request from Edwin 0. Schade, for a temporary trailer permit. On motion by Councilman Wilson, seconded by Councilman Raciti, the remaining Consent Calendar items were approved in one motion by the following roll call vote: - AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: Community A letter from Richard and Judith Riley, 2039 Garden Sites North Capella Court, Costa Mesa, requesting consideration by Council in making available small plots of unused City -owned land as community garden sites. County.Service A resolution from the City of Fullerton Area requesting the Orange County Board of Supervisors to establish a County service area in unincorporated areas of the County. SCAG A resolution from the City of Garden Grove recommending that the Southern California Association of Governments (SLAG) refrain from competing for State and Federal grants. Insurance A letter from Mayor Art Anthony, City of Irvine, Premiums urging Council to take an active.interest in the dramatic rise of public liability and property damage insurance premiums. Bicycle Lanes A resolution from the City of La Mirada and Trails regarding a change in laws concerning the color of pavement markings used to designate official bicycle lanes and trails. Local Agency Notice of public hearing from the Orange County Formation Local Agency Formation Commission, said hearing Commission scheduled for January 28, 1976, at 2:00 p.m., Room 503, 515 North Sycamore Street, Santa Ana, concerning a proposed annexation to the City of Tustin, designated U.S. Marine Corps - Irvine Annexation No. 71-B, located in the general area of Red Hill and Valencia Avenues. 150 Public Utilities Notice of further hearing to be held on Commission February 2,:1976, at 9:45 a.m.., 350 McAllister Street, San Francisco, regarding authority to adjust its rates as.necessary to reflect its participation in a funding agreement to secure certain .rights to Alaskan.natural.gas, and, for authorization to give its consent to an assign- ment to Atlantic Richfield by Pacific Lighting Gas Development of certain rights pursuant to an agreement related to the funding agreement; Application 55661, Pacific Gas and Electric Company, for authority to.adjust its rates as necessary to provide funds to make the payments required under a certain funding.agr.eement related to Northern Alaska natural gas. Opinion of the. Attorney General with respect to possible antitrust problems involved.•_in connec- tion with -Applications 55599 and 55661, detailed in paragraph above. r Alcoholic Alcoholic Beverage -License app'lications.for Beverage- which parking has been approved by the Planning Licenses Department from: Paul E. and Norma Gebler, and Gloria and Wayne M. Smith, doing business at 2200 Harbor:Boulevard., Building B, Unit 1;, Karin I. and Leonard A.'Renda, doing business as Lenny's, 2645 Harbor Boulevard; Debby A..and Sidney E. Kirk, doing business as Ruth's Deli, 725 "C" -Baker Street; Safeway Stores, Incorpor- ated, doing%business at 211 East 17th Street, Store No. 417; and Janet E. and Raul T. Ridge, doing business as La Cocinita, 113 Monte Vista Avenue. ICC Memorandum from the Intergovernmental Coordinating Council of Orange County advising End - of those resolutions on file as of December 15, Reading Folder 1975. Business Permit A request from Western Pacific Shows, 1270 Del Arroyo Application Court, Lafayette, to hold a four-day promotional carnival -March 3 through 7, 1976, at 3088 Bristol Western Pacific Street, Montgomery;Ward Store, was approved subject to Shows conditions. Set for Public Rezone Petition R-76-11, Robert E. Erickson, 20872 Sea Hearing Mist Lane, Huntington Beach, for permission to rezone property located a't'8l1 Victoria Street from AP to R-76-11 C1 -CP, was set for -.public hearing on February 17, 1976, Erickson at 6:30 p.m., in the Council Chambers of City Hall. A Negative Declaration of Environmental Impact has been filed. Weed Abatement On motion by -Councilman -Wilson, seconded by Councilman Raciti, Resolution'76-17, being A RESOLUTION OF THE Resolution 76-17 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Hearing Set DETERMINING AND DECLARING THAT RUBBISH AND WEEDS -WHICH BEAR SEEDS.OF DOWNY OR WINGY NATURE AND WEEDS WHICH ATTAIN SUCH A.LARGE.GROWTH AS TO BECOME.A FIRE NUISANCE WHEN DRY, AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR DANGEROUS ARE GROWING UPON CERTAIN STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY IN THE CITY OF COSTA MESA, AND THAT THE,'SAME ARE A PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIGNEE TO POST NOTICES TO REMOVE SAID RUBBISH AND -DESTROY -SAID WEEDS AS REQUIRED BY LAW; FIXING THE'TIME FOR HEARING.ALL OBJECTIONS OR PROTESTS AND DIRECTING THE ABATEMENT THEREOF IN ACCORDANCE WITH DIVISION III OF ARTICLE 1 OF CHAPTER III, COSTA MESA MUNICIPAL CODE, se',tting the public hearing for 1 1 1 1 1 Refund Koluvek March 1, 1976, at 6:30 p:m., in the Council Chambers of City Hall, was adopted by the following roll call vote: AYES: Council Members:. Pinkley, Hammett, Wilson, Raciti, Hertzog . NOES: Council Members: None ABSENT: Council Members: None On recommendation by the Revenue Supervisor, a refund of $6.00 to Linda Koluvek, 2650 Riverside Drive, Costa Mesa, on dog license 000323, as address is outside the City Limits, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Application On motion by Councilman Wilson, seconded by Councilman Withdrawals Raciti, and carried, Zone Exception ZE-75-136, Henry A. Evjenth, 878 West 18th Street, Costa Mesa, for a ZE-75-136 variance from Costa Mesa Municipal Code Section Evjenth 13-321.6, to allow existing, non -conforming residence to remain in conjunction with construction of a new . steel industrial building, located in an Ml zone at that address, was withdrawn as recommended by the Planning Commission. ZE-75-146 On motion by Councilman Wilson, seconded by Councilman Martin Raciti, a recommendation by the Planning.Commission for withdrawal of an application for Zone Exception ZE-75-146, Glenn Martin, 401 North Newport Boulebard, Newport Beach, for a variance to allow a three percent densitydeviation (one unit per. 2,900 square feet), for construction of five units in an R2 zone, located at 322 Ogle Street, with refund of 100 percent of the fee, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council.Members: None ABSENT: Council Members: None R-76-10 On motion by Councilman Wilson, seconded by'Councilman Zisakis Raciti, a recommendation by the Planning Commission for withdrawal of Rezone Petition R-76-10, Philip and Gus Zisakis, 611 Fifth Street, Huntington Beach, for permission to rezone property located -at 1911 Pomona Avenue from Cl to C2, with refund of 50 percent of the fee, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council.Members: None ABSENT: Council Members: None Claims The following claims received by the City Clerk were referred to the City Attorney: Mike Ballard'; John J. Cary; Attorney C. Bennett Jackson, Jr.. on behalf of Michael Juric, a minor; Attorney Harold B. Glickman on.behalf of Joseph Q. Manuel; and Jeffrey Lee Smith. Bid Item -.299 Bids received for Bid Item 299, 54 Pickup Brooms for Mobile Street Sweepers, are on file in•the Clerk's Awarded office. On motion by Councilman Wilson, seconded by Valley -Industrial Councilman Raciti, the bid was awarded to Valley Products Industrial Products, Incorporated, Post Office Box 15l y52 Tract 8720 The placement of monuments in Tract 8720 at 2568, K and A 2576, and 2580 Santa Ana Avenue, has been completed Properties by K and A Properties, 17931 Sky -park Circle, Suite 6, Irvine, to the satisfaction of the Director of Public 1 A 72, Homestead Road, Belle Mead, New Jersey; in the amount of $8,167.50, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Design of Proposals have been received by the Director of TeWinkle Park Leisure Services for the design of the'TeWinkle Hill Park Hill. On motion by Councilman Wilson, seconded by Councilman Raciti, the project was awarded to Awarded Becknell-Vella and'Associates, 771 West 19th Street, Becknell-Vella Suite B, Costa Mesa, in the amount.of $29,500.00, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None = Landscaping on Bids received for the Installation of.Landscaping on Harbor Boulevard Harbor Boulevard from Gisler Avenue to Baker Street are on file in the Clerk's office. On -.motion by Awarded Councilman Wilson, seconded by Councilman Raciti, Negev Developers the contract was awarded to Negev Developers, Post Office Box 2319, Costa Mesa, in the amount of $25,277.37, being the lowest bid meeting specifica- tions, by the.following roll call.vote: AYES: Council Members: Pinkley, Hammett-, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Wilson, seconded by Councilman Resolution 76-18 Raciti, Resolution 76-18, being A RESOLUTION OF THE Supporting Solid CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Waste Management CONCURRING WITH THE SOLID WASTE MANAGEMENT PLAN OF THE Plan COUNTY OF ORANGE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Final Map of On motion by Councilman Wilson, seconded by -Councilman Tract 6860 Raciti, Final Map of Tract 6860; Kenneth J. Fischbeck, Fischbeck Post Office Box 1795, Santa Ana, -..developer; -six lots, 1.044 -acres'; located southeast of Paularino Avenue and Babb Street; and'a,Subdivision Agreement in connection therewith, was approved; the Council did, -accept on behalf of the public the Offer of Dedication for street purposes as'shown on this map: Denver Drive, and did accept Lot A as dedicated, and the Mayor and Clerk were authorized to sign said documents on behalf " of the City, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Tract 8720 The placement of monuments in Tract 8720 at 2568, K and A 2576, and 2580 Santa Ana Avenue, has been completed Properties by K and A Properties, 17931 Sky -park Circle, Suite 6, Irvine, to the satisfaction of the Director of Public 1 A 153 Services. On motion by Councilman Wilson, seconded by Councilman Raciti, the work.was accepted and the bond ordered exonerated by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Parcel Map The sidewalk construction for Costa Mesa Hospital, 5-73-25 Parcel Map 5-73-25, has been completed by Maurice Graham Graham, 1857 West Katella Avenue, Anaheim, to the satisfaction of the Director of Public Services. On motion by Councilman Wilson, seconded by Council- man Raciti, the work was accepted and Passbook No. C.D. 9200282, in the amount of $2,350.00, was ordered exonerated by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Placentia Avenue A proposed resolution was presented in connection Street with funding for Placentia. Avenue street improvements Improvements from Victoria Street to Joann Street; AHFP Project AHFP 516 516. On motion by Councilman Wilson, seconded by Councilman Raciti, Resolution 76-19, being A RESOLU- Resolution 767-19 TION OF THE CITY COUNCIL OF THE CITY .OF COSTA MESA, Requesting CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO Allocation INCREASE.THE.ALLOCATED FUNDS FOR ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT NO., 516; PLACENTIA AVENUE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Notice of The reconstruction and resurfacing of City streets has Completion been completed by R. J. Noble Company, Post Office Box Reconstruction 620, Orange, with the exception of Elden Avenue and and Resurfacing Wilson Street. This portion of the work has been of City Streets delayed by sewer construction projects. On motion by Councilman Wilson, seconded by Councilman Raciti, the improvements constructed to date were -accepted, the Clerk was authorized to file a Notice of Completion, the contract was allowed to remain open and the City Engineer authorized to extend said contract, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None A proposed resolution was presented -declaring a portion of the property acquired for the extension of Fullerton Avenue to 20th Street, to be a public street. On motion by Councilman Wilson, seconded by Councilman Resolution 76-20 Raciti, Resolution 76-20, being A RESOLUTION OF THE Declaring Property CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, to Be a. Public DECLARING A PORTION OF A RECENT ACQUISITION OF REAL Street PROPERTY TO BE A PUBLIC STREET; AUTHORIZING'THE.RECORD- ING OF SAID RESOLUTION AND.DECLARING.REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 5 Agreement - An addendum agreement between the City -and the Newport -Mesa. Newport -Mesa Unified .School District concerning Unified School employees authorized under the.Comp.rehensive District Employment Training Act (CETA); was presented. This agreement amends the original agreement to CETA Employees extend the termination date to June 30, 1976. On motion by Councilman Wilson, seconded by Councilman Raciti., the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the.following'roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Permit Item 2 on the Consent Calendar, a request from Edwin O. Schade, 13412 Siskiyou Street, Westmin- Schade ster, for one-year permit for a temporary trailer facility,to be located at.1969 Harbor Boulevard, was presented. The applicant was present and answered questions from the Council. On motion by Councilman Raciti, seconded by Councilman Hammett, and carried, the request was approved subject to conditions as recommended by the Planning acid Building Departments. (Public Hearing The Mayor announced that the public hearing for the Final EIR Final Environmental Impact Repor.t.for the Westside for Westside Community Plan, would be taken out of order at.this Community Plan time. The affidavit of publication is on file in the Clerk's office. On motion by Councilman Wilson, Held Over seconded by Councilman Hammett, and carried, the public hearing was continued.until such time as the Westside Community Plan is forwarded to the City Council for consideration in order that these two items may be acted upon concurrently. Warrant On motion..by Councilman Wilson, seconded by Council - Resolution 920 woman Hertzog, Warrant Resolution 920 was approved by the followirig.roll call vote: AYES: Council Members: Pinkley, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Councilman Hammett, seconded by Council - Resolution 921 woman Hertzog, Warrant Resolution 921, including Payroll 7602, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Warrant - On motion by Councilman Raciti, seconded by Councilman Resolution 922 Wilson, Warrant Resolution 922 was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog .NOES: Council Members: .None ABSENT: Council Members: None The Family The City Attorney.requested to withdraw -his item Group Homes concerning representation of the property owners in a suit against The Family Group Homes, due to some legal problems which require further study. The City Attorney will reschedule this item in 1 155 approximately 30 days. On motion by Councilman Wilson, seconded by Councilman Hammett, and carried, the City Attorney's request was approved. The City Attorney presented a proposed resolution authorizing the destruction of certain. City records. On motion by Councilman Wilson, seconded Resolution 76-21 by Councilman Hammett, Resolution 76-21, being A Authorizing RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF COSTA Records MESA AUTHORIZING RECORDS DESTRUC.TION'FOR THE VARI- Destruction OUS DEPARTMENTS OF THE CITY OF COSTA.MESA, PURSUANT TO ORDINANCE NO. 75-60 EFFECTIVE DATE OF JANUARY 15, 1976, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Agreement - Cagney The City Manager presented an agreement between the Bear Street City and William J. Cagney for the acquisition of Park Site 5.71 acres of land for the Bear Street Park Site; purchase to be financed through the use of Park Acquisition Bond money. The agreement stipulates a payment of $365,500.00, and for escrow to terminate as soon as possible. On motion by Councilman Wilson, seconded by Councilman Hammett, the agreement was approved, and.the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Agreement - The City Manager presented an agreement between the Port and Flor City and Port and Flor, Incorporated, 3440 Wilshire Boulevard, Suite 416, Los Angeles, to provide Relocation relocation assistance services within the "Super Assistance Block" in the City of Costa Mesa. The agreement Services stipulates a fee not to exceed $6,400.00. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the agreement was approved, and the City Manager authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Lions Club The City Manager presented a request from the Costa Fish Fry' Mesa Newport Harbor Lions Club for approval of the Parade June 5, 1976, Fish Fry Parade route. The proposed route is to commence at Wilson Street and Harbor Boulevard, travel south to 19th Street, continue west on 19th Street to Anaheim Avenue, and finally south on Anaheim Avenue to Superior Avenue where it will terminate. The City Manager: recommended approval of the route subject to the condition that the Lions Club notify the commercial businesses on the parade route of this event. After discussion, on motion by Councilman Raciti, seconded by Council- man Wilson, and carried, the request was approved as recommended by the City Manager. Public Hearing The Clerk announced that this was the time and place R-75-30 set for the public hearing for Rezone Petition Nabers Cadillac R-75-30, Nabers Cadillac, Incorporated, 2600 Harbor 156 The Mayor now opened the public hearing for Rezone Petition R-75-30. A petition in opposition to the request, containing 212 signatures, has been received; also, a letter of opposition from Carolyn Kimme, 457 Elmhurst Lane. The Planning Director gave a brief summary on the history of this request concluding with the Planning.Commission's final recommendation for denial. Thomas L. Woodruff, representing the appli- cant, spoke in support of the request, stating his opinion that'the proposed zoning and land use is a reasonable and sound request. The following Costa Boulevard, Costa,Mesa, for.permission•to rezone property located!at 46.4 Princeton Drive,.from R1 to Cl -CP. The California Environmental Quality Act Requirements have been fulfilled by.the Negative Declaration of Environmental Impact filed in connec- tion with General Plan.Amendment GP -75=3B. The affidavit of publication is on file in the Clerk's office. In connection with this item, a request has Request for been received from Arlene.T: Dowski, representing Rehearing of the Appeals Committee of the College -Park Homeowners GP -75-3B Association, for'a rehearing -of General.Plan Amend- Dowski ment GP-75-3B,.wliich was approved by Council on January 19; 1976..The Mayot determined that the Denied request for rehearing of GP -75-3B should be heard before the rezone request, and at this time invited comments from those in attendance. Attorney R. Barry Wrenn, 1924 Minosa Place, Fullerton, was present representing the Appeals Committee and presented a petition containing 102 signatures of residents in Tract 2727, College Park, expressing their opposition'to any Council action which would violate the covenants, conditions, and restrictions of said Tract. Mr. Wrenn spoke in support of allowing the rehearing on the grounds'of new evidence.and cited Costa Mesa Municipal Code Section 2-78; which.provides, in part, for a.substantial relaxation of -the California Evidence Code in order to afford a full'presentation of the facts essential for the Council's judicious consideration. Attorney Thomas L. Woodruff, 1055 North Main Street, Santa Ana, was pr.esent�representing Nabers Cadillac, and stated his opinion that no new evidence exists to merit a rehearing, and further, that any alleged violation of the,covenants, conditions, and restric- tions, is not an issue for Council's consideration but a Civil matter between the parties involved. Gordon Willoughby, 2507 Loyola Road, a member of the College.Park Homeowners. Association Board of Directors, challenged the correctness of Mr. Wrenn's statement that he'represen.ted the College Park Homeowners Association. Bill Bandaruk, 2428 Andover Place, President of the'College.Park Homeowners Association, responded that whereas this statement was technically wrong, in the broadest.sense, Mr. Wrenn does repre- sent the College,Park Homeowners. William Dosta, 317 Princeton Drive.;lspoke further to this issue of representation and asked those College Park residents in attendance, who feel they are represented by Mr. Wrenn, to stand. The number was substantial. Brad Coons, 2276 Maple Avenue, stated his opinion that generally.a person who is in agreement with the - rezoning would not attend the Council meeting. There being .no other speakers, the Mayor closed the public hearing on the rehearing request. A motion by Councilman Raciti, seconded by. Councilman'Hammett, to grant the request and set the rehearing date failed to carry, Council Members Pinkley, Wilson, -Hammett, and Hertzog voting no. The Mayor now opened the public hearing for Rezone Petition R-75-30. A petition in opposition to the request, containing 212 signatures, has been received; also, a letter of opposition from Carolyn Kimme, 457 Elmhurst Lane. The Planning Director gave a brief summary on the history of this request concluding with the Planning.Commission's final recommendation for denial. Thomas L. Woodruff, representing the appli- cant, spoke in support of the request, stating his opinion that'the proposed zoning and land use is a reasonable and sound request. The following Costa I� Mesa residents spoke in opposition to the request: Brad Coons, 2276 Maple Avenue; David Yarnal, 2583 Santa Ana Avenue; Bud Lengtat, 432 Princeton Drive; Ted Bologh, 2193 National Avenue; Russell Millar, 223 Wellesley Lane; Al Freedman, 25.75 Columbia Drive; Joselyn James, 2573 Fordham Drive; Verlyn Marth, 3197 Cape Verde Place; Florence Martin, 2442 Andover Place; Pat MacGregor, 222 Princeton Drive; Ruth Dutro, 2356 Cornell Drive; Karen Millar, 223 Wellesley Lane; Don Bull, 397 Princeton Drive; and Nolan Jamison, 2750 Cardinal Drive. William Flexsteiner, 2377 Columbia Drive, suggested that Mr. Nabers could move his operation to the former premises of the Pontiac dealership on Harbor Boule- vard, which are now vacant. Brian Russell, 302 Victoria Street, spoke in support of allowing this rezoning. Attorney Barry Wrenn summarized the feelings of those in opposition to the request, and further stated that a rezoning of this property will undermine the effectiveness of the restrictive covenants and conditions in the Tract. There being no other speakers, the Mayor closed the.public hear- ing. After Council discussion, a motion by Councilman Hammett, seconded by Councilman Raciti, to deny the request was invalidated when Councilman Wilson asked for a recount due.to Councilwoman Hertzog's statement that she voted in error. A further motion by Councilman Hammett, seconded by:Councilman Raciti, to deny the request, failed to carry, Council Members Pinkley, Wilson, and Hertzog.voting no. A motion by Councilman Wilson, seconded by Mayor Pinkley, to Ordinance 76-11 approve the request was carried, and Ordinance 76-11, First Reading being AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING -THE ZONING OF LOT ONE OF TRACT 2727, FROM R1 TO C1 -CP, was given first reading and passed to second reading by the follow- ing roll call vote: AYES: Council Members: Pinkley, Wilson, Hertzog NOES: Council Members: Hammett, Raciti ABSENT: Council Members: None Recess. The Mayor declared a recess at 10:10 p.m., and the meeting reconvened at 10:15 p.m. ZE-76-04 This item was taken out of order at the request of California the applicant due to another commitment. The Neon Products Mayor presented an application for Zone Exception ZE-76-04, California Neon Products, 4530 Mission Gorge Place, San Diego, for a variance from Sign Code to erect one 30 -square foot ground sign approximately,ll feet overall height, in lieu of two 15 -square foot ground signs at seven feet overall height, in a CL zone, located at 612 Baker Street. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval with one condition. No com- munications have been received. Lon Wallace, representing the applicant,,was present and agreed to the condition. On motion by -Councilman Wilson, seconded by Mayor Pinkley, and carried, Councilman Hammett voting no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to one condition as recommended by the Planning Commission. Public Appeal The Clerk announced that this was the time and place Hearing- set for the public hearing for Brian Russell, 302 Russell Victoria Street, Costa Mesa, appealing a decision of the Planning Commission concerning public nuisance Held Over vehicles at that address. The affidavits of posting, publishing, and mailing are on file in the Clerk's office. Jim Weir,Zoning Inspector,.informed the Council that no visible progress has been made in removing -the -vehicles to -this date, and recommended that the City proceed with the abatement of the nuisance including inspections by the Building, Fire, and Planning departments. Mr. Russell.was present and informed the Council -that he.is planning to vacate these premises in the -near future. A motion by Councilman Wilson, seconded by. -Councilman Raciti, to allow the applicant more time for improvement of this condition, was later -withdrawn. On..further motion by Councilman Wilson, seconded by Councilman Raciti, and carried, the Council supported'recom- mendations-as presented by Mr. Weir,'and:requested the applicant to -comply with the abatement of.said nuisance within two weeks. This matter will be brought back at that time for a review. Public Hearing The Clerk announced that this was the time and place R -74 -29 -Amended set for the public hearing for Rezone.Petition R-74-29, Amended, Costa Mesa Planning Commission, for permission to._rezone-property located west of Whittier Avenue and south of 19th Street, from 'Ml to MG, in conformance with the amended Industrial Zoning Ordinance. A Negative'Declaration of Environmental Impact has been filed.. The affidavit of publication is on file in theiClerk's office. A communication in support of the'request has been"received from Margaret W. Hjorth, 4999 Kahala Avenue, Honolulu, Hawaii. There being no speakers, the Mayor closed the public hearing: On motion by'Councilman Hammett, seconded by Councilman Wilson, the Negative Declara- tion of Environmental Impact was..aecepted as meeting the requirements of the law, and Ordinance 76-12, Ordinance 76-12 being AN ORDINANCE OF THE CI -TY -COUNCIL OF -THE CITY First Reading OF COSTA MESA, CALIFORNIA,"CHANGING.THE ZONING OF LOTS 1203,.1204,-1205, 1206, -AND 1306, OF THE FIRST ADDITION TO NEWPORT MESA TRACT, FROM Ml TO MG, was given first reading and passed to second "reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog. NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and -place R-76-12 set for the public:hearing for Rezone Petition McClellan R-76-12, Rollo McClellan, 2424 -Windward Lane, Newport Beach, for permission to rezone property located east Held Over of Sundance Drive, Newport Beach, and north of 19th Street, Costa Mesa, from Ml to R1. -A Negative Declaration of Environmental Impact has been filed. The affidavit ofpublication is.on file in the Clerk's office. One communication in -opposition to the request has been"received from Irene Lorenz, Post_Office Box -3736, Landers, California. Pat Dolan, 923 West 20th S-treet, Costa Mesa, raised several points.whi'ch he felt should be considered by the Council prior to their action on.this rezone. Some of these points included the fact that there is only one entrance to this property which is a private street below the standard width required by the City. He feels that this would be a hazardous condition for public safety vehicles gaining access to this property. Mr. Dolan also felt the Council should delay action on this item until the.Westside Community Plan is'completed which will add more information on the development of this entire section of the community. Darrell Starns, repre- senting the applicant, responded to some of the points in question, and spoke in support of the request. After Council diseussion, on motion by Councilman.Hammett, seconded by Councilman Raciti, and carried, this item was held,over for two weeks in order that more information may be made available in connection with the issues raised by Mr. Dolan. R-76-13 The Clerk announced that --this was the time and place Hesse set for the public hearing for Rezone Petition R-76-13, Joseph C. Hesse., 3615 Blue.Key, Corona del Mar, for permission to rezone property located at 1919 Anaheim Avenue, from Cl and R2.to R3 -CP. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. A communication in support of the request has been -received from Mr, and Mrs. Earl W. Ferguson, 1952 Meyer Place, Costa Mesa. There being no speakers, the Mayor closed the public hearing. On motion by.Couricilman Wilson, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 76-13, being Ordinance 76-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF First Reading COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA. NORTH OF NINETEENTH STREET, BETWEEN MEYER PLACE AND ANAHEIM AVENUE,"FROM Cl AND R2 TO R3 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Abandonment of set -for the public hearing to consider the proposed Alley Right -of -Way abandonment of excess alley right-of-way, located at 17th Street 485 East 17-th Street. An Exempt -Declaration of Environmental Impact has been filed. The affidavits of publishing and posting are 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 Wilson, seconded -by Councilman Hammett, the Exempt Declaration of Environmental Impact was accepted as meeting the Resolution -76-22 requir'ements.of the law, and Resolution 76-22, being Ordering A RESOLUTION OF THE -CITY COUNCIL OF THE CITY OF Abandonment COSTA MESA, CALIFORNIA, ORDERING. THE VACATION OF AN EXCESS ALLEY.RIGHT-OF-WAY IN.A PORTION OF LOT 88, NEWPORT HEIGHTS TRACT, LOCATED IN THE GENERAL AREA OF SEVENTEENTH STREET AND IRVINE AVENUE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Abandonment of set for the public hearing to consider the proposed Yukon.Avenue abandonment of a portion of Yukon Avenue, located in the general area of Bear Street and Paularino Avenue. An Exempt Declaration of -Environmental Impact has been filed. The affidavits of publishing and posting are 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 Wilson, seconded by Council- woman Hertzog, the Exempt Declaration of Environmental Resolution 76-23 Ordering Abandonment - Impact was accepted as meeting the -requirements of the law, and Resolution -76-23, being A RESOLUTION OF THE CITY'COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION'OF A PORTION°OF YUKON, -AVENUE ADJACENT TO THE EASTERLY LINE OF LOT ONE, TRACT 4674, LOCATED IN THE GENERAL AREA OF BEAR'STREET AND PAULARINO AVENUE,°was adopted by the following roll call vote AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Chamber of The City Manager presented a request from the Commerce Maps Chamber of Commerce for financial assistance for reprinting of the;Directory Map, in the amount of $2,000:00, and recommended approval of the request as these are used extensively by the City. On motion by Councilman Wilson, seconded by Councilman Hammett, the request was approved in the amount of $2,000.00, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None "Yellow Book" The City Manager presented a request from the Advertisement Chamber of Commerce for the City to place an advertisement in the "Yellow Book" at a cost of $1,620.00. Nate Reade, representing the Chamber of Commerce, was present and answered questions from the Council. After discussion, on motion by Councilman Wilson; seconded by Councilman Hammett, the request was approved for the amount of $1,620.00, by the following roll call -vote: AYES: Council Members: Pinkley; Hammett, Wilson, Raciti, NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hertzog Mardan Center The Clerk presented a request from Mardan Center of Educational Therapy, 695 West 19th Street, Costa Held Over Mesa, for a review of their application for Revenue Sharing Funds. This request, along with several others including the next Agenda item; had -previous- ly been considered by a City -appointed -committee consisting of Council Members Hertzog and Hammett and City Manager Fred Sorsabal. 'Councilwoman Hertzog spoke in support of the.requested-review for the reason that her original consideration`of this request was based on information which was inaccurate. After discussion, on motion by Council- woman Hertzog, seconded by Councilman Wilson, and carried, the City'Review Committee was reconstituted and the request approved. As part of the motion it was directed that'this item be brought back on the Agenda in 30 days.' Assessment and The Clerk presented a request from Assessment and Treatment Center Treatment Services Center, 1640 Southeast Bristol Street, Santa Ana; for further discussion of their Held Over application for Revenue Sharing Funds. On motion by Councilwoman Hertzog, seconded by Councilman Wilson, and carried, the request was approved and the committee's findings will be reported in 30 days. 1 1 1 ZE-75-69 The Director of Planning presented a request to Spiller revise the plot plan on property located at 687 Paularino Avenue, which was previously approved by Denied Council under ZE-75-69, Phillip A. Spiller, 1703 Westcliff Drive, Newport Beach. The Planning Commission recommended denial. No communications have been received. After discussion, on motion by Councilman Wilson, seconded by Mayor Pinkley, and carried, the request was denied. ZE-75-143 The Director of Planning presented an application Burkhart for Zone Exception ZE-75-143, William A'. Burkhart, 2920 Clubhouse Road, Costa Mesa, for a Conditional Denied Use Permit to construct eight apartment units to meet CP standards in an R3 -CP zone, and a variance to allow one -foot and two -foot encroachments into the required five-foot side yard, and to allow a seven percent density deviation (one unit per 1,875 square feet), located at 372 Bay Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications.have been received. R. B. Phillips, 229 Princeton Drive, representing the applicant, spoke in support of the request. Betty Burkhart also spoke in support. After dis- cussion, on motion by Councilman Wilson, seconded by Councilman Hammett, and carried, the request was denied. ZE-75-103A The Director of Planning presented an application Cunha for Zone Exception ZE-75-103A, Dan Cunha, 116 Industrial Way, Costa Mesa, for a Conditional Use Permit to allow an auto body and paint shop in conjunction with a previously approved auto repair shop in an.Ml zone, located at 121 Industrial Way. A Negative Declaration of Environmental Impact has 'been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. On motion by Councilman Wilson, seconded by Councilwoman Hertzog, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the.application approved subject to conditions as recommended by the Planning Commission. ZE-76-01 The Director of Planning presented an application Cavanaugh for Zone Exception ZE-7601, Steven L. Cavanaugh, 3420 Irvine Avenue, Newport Beach, for a Conditional Use Permit for an eating place, and to allow outdoor seating in an existing industrial building, in an MG zone located at 1599 Superior Avenue, Unit A5. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. Two communications have been received in support of the request from Charles W. Jovbins, President, Delta Electronic Control Corpor- ation, 1601 Pomona Avenue, Costa Mesa, and Clarence J. Turner, Tri -co Realty, Incorporated, 886 West 16th Street, Newport Beach. After discussion, on motion by Councilman Wilson, seconded by Council- woman Hertzog, and carried, Councilman Hammett voting no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76702 The Director of Planning presented an application Adamo for Zone Exception ZE-76-02, Nicholas J. Adamo, 771 West 19th Street, Costa Mesa, for a Conditional 2 Use Permit to allow compliance with ABC requirements, for on-site retail sales in conjunction with a mail order wine distribution center, in an MG zone located at 711 West 17th -Street. An Exempt Declar- ation of Environmental Impact has been -filed. The Planning Commission recommended approval subject to conditions. No'communications have been received. After discussion, on motion by Councilman Raciti, seconded by Councilman Wilson, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements -of 'the.law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-03 The Director of Planning presented an application Fontany for Zone Exception ZE-76-03, Warley M. Fontany, 2207-B Canyon Drive, Costa Mesa, for a variance to allow a ten-foot:encroachment into the required 15 -foot side yard, reduction in required parking (15 required, 12 provided), reduction in parking stall dimensions, and reduction in required land- scaping, in a Cl zone located at 149 Broadway. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval. No communications have been received. After discus- sion, on motion by Councilman Wilson, seconded by Councilman Raciti, and carried, Mayor Pinkley abstaining, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved as recommended by the Planning .Commission. ZE-76-06 The Director of Planning presented an application The Janes for Zone Exception ZE-76-06, The Janes.Company, Company 17965 Skypark Boulevard, Suite F, Irvine, for a Conditional Use Permit to construct 12 apartment units to meet CP standards, and a variance to allow accessory structure (garage) in the front 75 feet of ` the lot, in an R4 -CP zone located at 1955 Wallace Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A letter has been received from Lois Mullen, 1951 Wallace Avenue, Costa Mesa, in opposition to the request. George Alvarez, 1947 Killdeer Circle, Costa Mesa, representing the applicant, expressed objection to Condition No. 2. After discussion, on motion by Councilman Wilson, seconded by Councilman Hammett, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to -all con- ditions as recommended by the Planning Commission. As part of the motion, the applicant was given the right to appeal Condition No. 2 if in the future the Council adopts a different policy with respect to fire...hydrant installation. ZE-76-07 The Director of Planning presented an application Fullerton for Zone Exception ZE-76-07, Fullerton Air Parts, Air Parts 3928 Campus Drive, Newport Beach, for a Conditional Use Permit for permission to engage in the wholesale, mail order, and retail sales of aircraft parts and pilot supplies, in an MP zone located at 3184-L Airway Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recom- mended approval'subject to one condition. A communication in support of the request has been received from John K. Alstrom, Koll-Irvine Center, 4770 Campus Drive, Irvine. Thomas Fearn, 1712 Port Sheffield, Newport Beach, representing the applicant, was present and answered questions from the Council. On motion by Councilman Wilson, seconded by Mayor Pinkley, and carried, Councilman Hammett abstain ing, the Exempt Declaration of Environmental was accepted as meeting the requirements of the law, and the application approved subject to one condition as recommended by the Planning Commission. Oral Verlyn Marth addressed the Council in regard to Communications - the recent Highway Commission mee.ting.concerning Costa Mesa's freeway interests. Couneilmanic Councilwoman Hertzog requested the City Manager Comments to obtain information on the local Public Works Capital Improvement Act of 1975. Adjournment The Mayor declared the meeting adjourned to an Executive Session at 11:55 p.m. in the first floor Conference Room. May6r of t e City of Costa Mesa ATTEST: Ci y Clerk of the City of Cosr sa