Loading...
HomeMy WebLinkAbout05/03/1976 - City CouncilREGULAR MEETING OF ,THE CITY COUNCIL CITY OF COSTA MESA May 3, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., May 3, 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 Howard Cartwright, St. John the Divine Episcopal Church. Roll Call Council Members Present: Raciti, Hammett,.Hertzog, Smallwood, McFarland Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, and City Clerk Minutes The Mayor declared the Minutes of the regular meeting April 19, 1976 of April 19, 1976, and the adjourned regular meeting of April 20, 1976 April 20, 1976, approved as distributed and posted as there were no corrections. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, Mildred Mathews was appointed to the Traffic Commission, for a term to expire June 30, 1978. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, Roger Hoff was appointed to the Traffic Commission, for a term to expire June 30, 1978. Traffic On motion by Vice Mayor Hammett, seconded by Council - Commission woman Hertzog, and carried, resignations of Traffic Seats Declared Commissioners were accepted. Vacant Traffic On motion by Vice Mayor Hammett, seconded by Council - Commission woman Smallwood, Ordinance 76-20, being AN ORDINANCE OF Appointment THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING Procedures SECTION 10-44 OF THE COSTA MESA MUNICIPAL CODE RELATING Amended TO THE APPOINTMENT OF TRAFFIC COMMISSIONERS; ESTABLISH- ING TERMS AND SETTING FORTH REASONS FOR THE -URGENCY, Urgency was read by title only and adopted by the following Ordinance 76-20 roll call vote: Adopted AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Traffic On motion by Councilman McFarland, seconded by Council - Commissioners woman Hertzog, and carried, John Potter was appointed Appointed to the Traffic Commission, for a term to expire June 30, 1980. On motion by Councilwoman Hertzog, seconded by Council- woman Smallwood, and carried, John Connell was appointed to the Traffic Commission, for a term to expire June 30, 1980. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, Mildred Mathews was appointed to the Traffic Commission, for a term to expire June 30, 1978. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, Roger Hoff was appointed to the Traffic Commission, for a term to expire June 30, 1978. - 241L On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, Robert Graham was appointed to the Traffic Commission, for a term to expire June 30, 1978. The newly -appointed Commissioners present in the audience were acknowledged by the Council. Ordinances On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, and carried, all ordinances will be read read by title only. Certificates Sergeant David Oliphant, Recruiting Officer for the of Appreciation U.S. Army, presented Certificates of Appreciation to Presented to Mayor Raciti, and Council Members Hertzog and McFar- Council Members land, for their participation in the recent grand opening held by the U.S. Army, Navy, and Marine Corps. Transportation This item was held until later in the meeting pending Study the arrival of the Committee representative. Ambulance The -City Manager presented from the meeting of Rate April 5, 1976, requests for ambulance rate increases Increases from Seal's Ambulance Service, 535 Center Street, Costa Mesa;. andaSchaefer's Ambulance Service, 2227 South Bristol Street, Santa Ana. The requested increases are as follows; Base Rate, from $35.00 to $45.00; Standby Rate, from.$20.00 to $30.00 per hour; Mileage Rate; from $1.50 to $2.00 per mile. Phil Gazzo, General Manager for Schaefer's Ambulance, and Larry Seal, representing S,eal's Ambulance, were present and spoke in support of the request. Both companies indicated substantial increases in operating expenses. During the discussion which followed, considerable concern was expressed by Council that Profit and Loss Statements should be submitted along with requests for rate increases to'verify the claimed increase in operating expenses. The City Manager recommended the following increases subject to the Finance Department conducting a review and making recommendation for procedure to verify costs: Base Rate, from $35.00 to $40.00; Standby Rate, -from $20.00 to $30.00; and Mileage Rate, from $1.50 to $2.00 per mile. On motion by Vice Mayor Hammett, seconded by Councilman McFar- land, the City Manager's recommendations were approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Transportation Ernest T. Oddo, 1910 Suva Circle, Costa Mesa, repre- Study senting the Transportation Study Committee which was set up by the cities of Costa Mesa, Newport Beach, Referred to and the -Newport -Mesa Unified School District, was Traffic present and presented the report and recommendations Commission of this committee concerning problems in the area of school transportation, traffic safety, bussing, etc. On motion by Vice Mayor Hammett, seconded by Council- -woman Smallwood, and carried, the report was received and referred to the Traffic Commission. Bicentennial The Clerk presented a request from the Bicentennial Committee Committee to enter into 6:$6,500.00 contract with Fourth of July Astro -Pyrotechnics for a proposed Fourth of July Show Fireworks Show at Orange Coast College. Don Bull was present, representing. the Committee, and spoke in support of the request. The Committee anticipates an income of between $3,000.00 and $4,000.00 to offset the contract price. On motion by Councilwoman Smallwood,. seconded by Councilwoman Hertzog, the request; was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Open Space The City Manager presented from the meeting of Easement - April 19, 1976, a proposed resolution accepting an South Coast open space easement in the South Coast Town Center. Town Center This item was held over at the request of Councilman McFarland in order that the tax loss to the City on Parcel B could be assessed. The City Manager indi- cated the tax loss would be approximately $192.79 per year for 25 years. Councilman McFarland expressed his opinion that the public benefit from this open space would not be significant. After further discus- sion, on motion by Councilwoman Smallwood, seconded by Resolution 76-58 Vice Mayor Hatrtm.ett, Resolution 76-58, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA FINDING PUBLIC CONVENIENCE AND NECESSITY FOR THE ACCEPTANCE OF AN OPEN SPACE EASEMENT UNDER THE OPEN SPACE EASEMENT ACT OF 1974; AND STATING THE REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: Raciti,'Hammett, Hertzog, Smallwood NOES: Council Members: McFarland ABSENT: Council Members: None ZE-76-43 The Clerk presented from the meeting of -April 19, Champco 1976, Zone Exception ZE-76-43, Champco Development, Development Incorporated, 881 Dover Drive, Suite 13, Newport Beach, fora variance from minimum lot size for a tract map to allow townhouse division of ten apart- ments located at 2569 Orange Avenue, in an R2 zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. Champ T. Cuff,. 2326 Tustin Avenue, Newport Beach, was present and agreed to the conditions. John C. Vann, 3740 Campus Drive, Newport Beach, Engineer for the project, was present and answered questions from the Council. During the discussion which followed, some concerns were expressed about the design of the project, as well as the likelihood of future maintenance problems. On motion by Vice Mayor Hammett, seconded by Mayor Raciti, and carried, Council Members Smallwood and McFarland 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. Tentative Map From the meeting of April 19, 1976, Tentative Map of of Tract 9270 Tract 9270,�Champco Development, Incorporated, 881 Champco Dover Drive, Suite 13, Newport Beach, for permission Development to create a ten -lot subdivision of existing apartment units in an R2 zone, located at 2569 Orange Avenue, was presented. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval subject to conditions. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, Councilwoman Smallwood voting no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and ,the Map was approved subject to conditions as recom- mended by the Planning Commission. Referendum. The Clerk reported that on March 28, 1976, a Referen- Petition dum Petition was -presented in protest to the adoption Regarding of Ordinance 76-11. The signatures contained in said Ordinance 76-11 petition have been examined and it was found to contain 3,718 valid signatures. This is 938 signa- Held Over tures above the ten percent of the registered voters required to cause action to be taken by the Council. The Assistant City Attorney, Robert Campagna, advised the Council that the effect of this petition has caused Ordinance 76-11 to be suspended. Mr. Campagna further advised the Council on alternative courses of action to be considered by them, which would include: (1) Repeal of Ordinance 76711; (2) Calling of a special election; and (3) Taking the matter under advisement and deferring action to a time between 'the dates of August 5 and August 20, 1976. If the latter alternative is selected, the Council could at that time either repeal the ordinance or place the matter before the electorate. Councilwoman Councilwoman Smallwood announced at this time that Smallwood due to a prior conflict of interest, she would not Leaves be participating in any discussion or vote concerning this matter. Councilwoman Smallwood left the meeting at this time. Council discussion followed, after which interested parties present -at the meeting were invited to address the Council. Thomas L. Woodruff, attorney representing Nabers Cadillac, owners of the property which is the subject of Ordinance 76-11, was present and spoke in favor of this matter being put to a vote of the people and felt that the November ballot would be'preferable to gain a higher percentage of citizen opinion. Russell Millar, representing the Appeals Committee, 223 Wellesley Lane, Costa Mesa, spoke in favor of calling a special election for the reason stated that the citizenry is very aware of the issue at this time due to publicity by the news media. He feels this would cause the Council to receive a more valid opinion than waiting for the November ballot when more issues will be presented. Vice Mayor Hammett felt very strongly that this matter should go to a vote of the people. Rae McPherson, 308 Bowling Green Drive, Costa Mesa, addressed the Council stating her opinion that the number of signatures on the petition is an expres- sion of the will of the people to make determination on this issue at an election. After lengthy discus- sion, a motion by Councilman McFarland, seconded by Mayor Raciti, to repeal Ordinance 76-11, failed to carry, Vice Mayor Hammett and Councilwoman Hertzog voting no, Councilwoman Smallwood absent. On further motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried unanimously, the petition was held over to the meeting of August 16, 1976. Recess The Mayor declared a recess at 8:30 p.m., and the meeting reconvened at 8:40 p.m. Referendum The City Manager requested a clarification on the Petition previous motion for the benefit of the Appeals Clarification Committee as some confusion over the motion had been of Motion expressed. Councilman McFarland restated his motion to defer action on -the petition to the meeting of August 16, 1976. The motion was seconded by Council- woman Hertzog, and carried,. Councilwoman Smallwood absent. At the meeting of August 16, 1976, the Council will consider whether to repeal the ordinance or place the matter before the electorate. 1 i Councilwoman Councilwoman Smallwood returned, taking her seat at Smallwood Returns the Council table. CONSENT CALENDAR: The following items were removed from the Consent Calendar: Item 9 in the Reading Folder, resolution from the Orange County Board of Supervisors regarding review of County's application for zoning codes and conditional use permits with respect to foster homes; and Item 3, a business permit application from International Speedway. On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Orange County A letter from the Orange County Fair Housing Council, Fair Housing 1220-A North Bristol Street, Santa Ana, concerning a Council request for funding, was referred to the Housing and Community Development Committee for discussion and recommendation. Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Nuclear Energy Resolution from the City of Garden Grove supporting the development of nuclear energy in California. Los Alamitos Resolution from the City of Garden Grove sup - Air Station porting the maintenance of operations control of the Naval Air Station at Los Alamitos by the Department of the Navy. Coastal Letter from the City of Garden Grove recommend - Conservation ing consideration be given to Councilman Elerth Committee Erickson for appointment to the Coastal Conser- vation Committee. Chino Hills Resolution from the City of Irvine supporting Airport the City of Yorba Linda in its opposition of development of an airport in the Chino Hills area. Local Agency Letter from the Local Agency Formation Commis - Formation sion advising that determination will be made Commission on May 12, 1976, for the proposed annexation to Costa Mesa Sanitary District, designated Engineer's No. 163 Annexation, located on the south side of Sunflower Avenue, east of Hyland Avenue, in the northwest City limits. Public Utilities Order of Dismissal from the Public Utilities Commission Commission, withdrawing Application 55661 of Pacific Gas and Electric Company to adjust its rates. Re -naming Newport Letter from Assemblyman Robert H. Burke, 73rd Freeway District, enclosing copies of Assembly Con- current Resolution 177, requesting the Newport Freeway be renamed the Costa Mesa Freeway. Trailer Coach Fees Letter from Kenneth Cory, Controller of the State of California, regarding apportionment of Trailer Coach fees. 247 Mosquito Abatement Orange County Mosquito Abatement District 1975 District Annual Report.' Alcoholic Alcoholic Beverage License applications for Beverage which parking has been.approved by the Planning Licenses Department -from: Vaughn's Liquor Mart, Incor- porated, 1895 Monrovia Avenue; Jack Leonard Raley, doing business as The Sandwich Express, 3001 Red Hill Avenue; 0. K. Kyung Moon and Sung Jin Moon, doing business at 1085 Baker Street; Vaughn's Liquor Mart, Incorporated, 1895 Monrovia Avenue; Sherman Terrill, doing business at.2642 Newport Boulevard; and Joseph End - Fakelman, adding partner Mary Ann Ferro, doing Reading Folder business as Fettucini, 2831 Bristol Street. Business Permit A request from Albert and Hazel Sargenti, doing business Application as Sargenti's, 843 West 19th Street, for an entertain- Sargenti ment permit, was approved, subject to one condition as recommended by the City Attorney. Refunds On recommendation by the Revenue Supervisor, a refund in the amount of $40.00 to Dr. Timothy K. Stegelvik, Stegelvik 1539 Baker Street, Costa Mesa, on Business License No. 9851, as duplicate license was purchased, was approved by the following 'roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None MacGregor On recommendation by the Planning Department, refund Yachts of a $500.00 cash deposit to Roger MacGregor, MacGregor Yachts, 1631 Placentia Avenue, Costa Mesa, on Building Permit 34492, as conditions for construction at that address have been completed, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Suburban On recommendation by the Street Superintendent, refund Pools of a $100.00 pool construction bond to Suburban Pools, 21450 Golden Spring Drive, Walnut, on Permit 141, as construction has been completed at 381 Sunrise Circle, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Claim The following claim received by the City Clerk was referred to the City Attorney: Anne B. Hickey. Parcel Map The improvements in connection with Parcel Map 5-75-05 S-75-05, located at 17th Street and Newport Boulevard, McClellan have been completed by R. W. McClellan and Sons, 2031 South Anne Street, Santa Ana, to the satisfaction of the Director of Public Services. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the work was accepted, and a cash deposit in the amount of $1,0.00.00 was ordered exonerated, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 I ] 4k� 1 Construction Bids received for the Construction of a Median on Golf of Median on Course Drive are on file in the Clerk's office. On Golf Course motion by Vice Mayor Hammett, seconded by Councilwoman Drive Hertzog,.the contract for Bid Alternate 1 was awarded to Griffith Company, 16861 Construction Way West, Awarded Irvine, in the amount of $15,026.75, being the lowest Griffith Company bid meeting specifications, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None County Review Item 9 in the Reading Folder, a resolution from the of Zoning Codes Board of Supervisors of Orange County, directing Relating to review of the County's application of zoning codes Foster Homes and conditional use permits regarding possible detri- ment to the development of foster homes, and requesting Orange County cities to review their policies and procedures in this regard, was presented. Vice'Mayor Hammett requested a.staff investigation and recommenda-> tion on this matter. At the suggestion of the City Manager, a report will be prepared for the Mayor's presentation at the next League of California Cities meeting. Business Permit Item 3 on the Consent Calendar, a request from Harry Oxley, International Speedway, Post Office Box 3334, International San Clemente, for motorcycle races at the Orange Speedway County Fairgrounds every Friday night from April 16 through October 1, 1976, was presented. Councilwoman Smallwood expressed objection to this type of activity and made a motion, seconded by Mayor Raciti, to deny the request. The motion failed to carry, Vice Mayor Hammett and Council Members Hertzog and McFarland voting no. On further motion by Councilman McFarland, seconded by Vice Mayor Hammett, and carried, Council- woman Smallwood voting no, the permit was approved. Warrant On motion by Vice Mayor Hammett, seconded by Council - Resolution 934 woman Hertzog, Warrant Resolution 934, including Payroll 7608, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman McFarland, seconded.by Council - Resolution 935 woman Hertzog, Warrant Resolution 935 was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Retirement Plan. The City Manager presented a proposed resolution amend - ing.the Retirement Plan to include an option for Amendment elected officials to join the Plan if they so desire. On motion by Councilwoman Smallwood, seconded by Resolution 76-59 Councilman McFarland, Resolution 76-59, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING CERTAIN SECTIONS OF THE RETIREMENT PLAN FOR EMPLOYEES OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Surplus Property The City Manager presented a communication from the Costa Mesa County Costa Mesa County Water District containing an offer Water District to sell surplus property, located at the southwest No. 1 to the corner of Fair Drive and Vanguard Way. At the Park and present time, the City has 60 days to respond to said Recreation offer, however, the City Manager indicated the possi- District bility exists that an extension of this time may be granted. After discussion, on motion by Vice Mayor Hammett, seconded.by Councilwoman Hertzog, and carried, the City Manager was authorized to meet with the Water District representatives to begin preliminary negotiations. Dog License The City Manager presented a proposed ordinance Fees pertaining to an increase in Dog License fees. The ordinance contains a provision for reduced fees for spayed or neutered dogs. Lucille Metseff, 263-1/2 Broadway, Costa Mesa, indicated that her dogcannot be neutered due to an illness, and she asked if there could be some relief for cases of this type. Joe Robinson, 151 Georgeanne Place, Costa Mesa, suggested it would be helpful to have additional personnel to pick up_the numerous dogs which are running loose throughout the City. After discussion, a motion by Vice Mayor Hammett to deny 'the ordinance, was later rescinded. On further motion by Vice Mayor Hammett, Ordinance 76-21 seconded by Councilwoman Hertzog, Ordinance 76-21, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING THE ANIMAL CONTROL ORDINANCE PROVIDING FOR LICENSE COSTS FOR NEUTERED ANIMALS, AND SETTING THE ANIMAL LICENSE FEE AT TEN ($10.00) DOLLARS, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None As part of the motion, Council directed that a provi- sion be added to allow relief to dog owners whose animals could not be spayed or neutered for medical reasons. Redevelopment The City Manager presented a request from the Redevel- Agency Request opment Agency for Council to authorize the City for Legal Attorney to provide legal counsel at their meetings on Counsel a regular basis. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the City Attorney was so authorized. Public Hearing The Clerk announced that this was the time and place Red Hill set for the public hearing, continued from the meeting Annexation of April 19, 1976, for Red Hill Annexation No. 1 to No. 1 to the the Costa Mesa Park and Recreation District. No Park and further communications have been received. The City Recreation Manager reported on the protest petition which was District submitted at the previous meeting. It was found that the petition contained 13 valid signatures, represent- ing 4.95 percent of the assessed land value in the territory to be annexed. This does not constitute a majority protest. Joe Frazer, 3198-C Airport Loop Drive, Costa Mesa, presented another petition in opposition to the proposed annexation. David Miller, 3197-A Airport Loop Drive, spoke in opposition to the annexation. There being no other speakers, the Mayor closed the public hearing. After Council discussion, a motion by.Vice Mayor Hammett, seconded by Council- man McFarland, and carried, to approve the annexation, was later rescinded. On further motion by Vice -Mayor 1 Hammett, seconded -by Councilman McFarland, and carried, the City Manager was authorized to check the suffici- ency of the petition received tonight and report back to the Council at the meeting of May 17, 1976. Public Hearing The Clerk announced that this was the time and place Weed set for the public hearing for weed abatement. The Abatement affidavit of publication is on file in the Clerk's office. No-conmunications have been received. Verlyn Marth,.3197 Cape Verde Place, Costa Mesa, spoke in opposition to the weed abatement program and stated his opinion -that lots should be cleared only when they represent a real fire hazard. Irma TerBush, 324 Victoria Street, Costa Mesa, asked about the cost for clearing her property. There being no other speakers, the Mayor closed the public hearing. On.motion by Councilwoman Smallwood, seconded by Councilman Resolution 76-34A McFarland, Resolution 76-34A, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, IN- STRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE OF THE CITY OF COSTA MESA TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-76-16 set for the public hearing for Rezone Petition R-76-16, Costa Mesa Planning Commission, for permission to rezone properties from AP, Administrative Professional, as follows: (1) 310, 312, 314, 324, 332, 334, and 336 Victoria Street, to R2 -CP; (2) 302 and 326 Victoria Street, to R3 -CP; and (3) 348 Victoria Street, to R4 -CP. The California Environmental Quality Act requirements have been met by the Final Environmental Impact Report for General Plan Amendment GP -76-1C which was accepted by Council on April 19, 1976. The affidavit of publication is on file in the Clerk's office. A,letter in favor of the request has been received from Mrs. June Fletcher, owner of properties at 325 Victoria Street and 2140 Thurin Street. Ivan Johannson, 2237 Orange Avenue, Costa Mesa, submitted a letter requesting R4 zoning for his property at 326 Victoria Street. Jack Mullan, 3400 Irvine Avenue, Newport Beach, was present, representing Mr. Johannson, and elaborated on the reasons for the requested R4 zoning. Irma Ter Bush, 324 Victoria Street, spoke in support of Mr. Johannson's request. Tom Schworer, 2019 South Capella Court,. Costa Mesa, gave a status report on the negotiations for purchase of these: properties by the developer. There being no other speakers, the Mayor closed the public hearing. After _Council discussion, on motion by Councilman McFarland, Ordinance -76-22 seconded by Councilwoman Smallwood, Ordinance 76-22, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PRO- PERTY LOCATED ON A PORTION OF VICTORIA STREET WESTERLY OF NEWPORT BOULEVARD, FROM AP TO R2 -CP, R3 -CP, AND R4 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 52 l Public Hearing R-76-17 Ordinance 76-23 First Reading The Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-76-17, Costa Mesa Planning Commission, for permission to rezone property located at 111 Fair Drive (Civic. Center Drive), from C1 to C1 -CP. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. Letters have been received from Mrs. S. McBrien, 1812 Antigua Circle, Newport Beach, and Alfred and Lalia Smith, 4 Candlewood'Ways Buena Park, both requesting the Planning Commission to delay proceedings on the Rezone Petition. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilwoman Hert-zog,"the Nega- tive Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 76-23, being. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING ON A PORTION OF FAIR DRIVE WESTERLY OF VANGUARD WAY (CIVIC CENTER PARK), FROM C1 TO Cl -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-76-19 set for the public hearing for Rezone Petition R-76-19, Arthoffer and Arthoffer and Howard Development Company, Incorporated, Howard 2400 West Coast Highway, Newport Beach, for permission to rezone property located at 1055 Victoria Street, and a portion of Lot 104, Tract 653, excepting therefrom the westerly 175 feet, from M1 to R2 -CP in conformance with the General Plan. The California Environmental Quality Act requirements have been met by the Final Environmental Impact Report for General Plan Amendment 1 As part of the motion, the staff was directed to commence an immediate review of the Civic Center Study as a top priority item. Public Hearing The Clerk announced that this was the time and place R-76-18 set for the public hearing for Rezone Petition R-76-18, Faubus Ray Faubus, 345 East 23rd Street, Costa Mesa, for permission to rezone property located at 1767 Orange Held Over Avenue, from AP to R3 in conformance with the Central Area Plan. The California Environmental Quality Act requirem.erits have been met by the Final Environmental Report for the Redevelopment and Central Area Plans accepted by Council on December 17, 1973, and November 5, 1974, respectively. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval for R2 -CP zoning. The Planning staff recommended that this item be denied or held for a period -of 90 days, pending the outcome of the new Downtown Residential Zone Study. Larry Campo, representing both the buyer and seller of the subject property, indicated that such a delay would cause a hardship for both parties. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilwoman Smallwood, seconded.by Councilman McFarland, and carried, Council Members Hammett and Hertzog voting no, the public hearing was continued for 90 days,,to the meeting of August 2, 1976, as recommended .by the Director of Planning. Public Hearing The Clerk announced that this was the time and place R-76-19 set for the public hearing for Rezone Petition R-76-19, Arthoffer and Arthoffer and Howard Development Company, Incorporated, Howard 2400 West Coast Highway, Newport Beach, for permission to rezone property located at 1055 Victoria Street, and a portion of Lot 104, Tract 653, excepting therefrom the westerly 175 feet, from M1 to R2 -CP in conformance with the General Plan. The California Environmental Quality Act requirements have been met by the Final Environmental Impact Report for General Plan Amendment 1 GP -74-04A accepted by Council on February 4, 1975. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Vice Ordinance 76-24 Mayor Hammett, Ordinance 76-24, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY LOCATED AT THE SOUTH- EAST CORNER OF VICTORIA STREET AND CANYON DRIVE, FROM M1 TO R2 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Tentative Map The Clerk presented Tentative Map of Tract 9083, of Tract 9083 Arthoffer and Howard Development Company, Incorpor- Arthoffer and ated, 2400 West Coast Highway, Suite M, Newport Howard Beach, for permission to create a one -lot subdivision for condominium purposes, located at the southeast corner of Victoria Street and Canyon Drive, in an R2 -CP zone. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the map approved subject to conditions as recommended by the Planning Commission. ZE-76-63 The Clerk presented an application for Zone Exception Arthoffer and ZE-76-63, Arthoffer and Howard Development Company, Howard Incorporated, 2400 West Coast Highway, Suite M, Newport Beach, for a Conditional Use Permit to allow Returned to construction of 64 condominiums to meet CP standards, Planning located at the southeast corner of Victoria Street Commission and Canyon Drive, in an R2 -CP zone. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. The Director of Planning explained that since that time a new plan has been submitted which the developer feels has addressed the concerns expressed by the Planning Commission. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the application was returned to the Planning Commission in order that they may review and make recommendations on the revised plans. Orange County The City Manager presented a letter from the Orange Transit District County Transit District, 1200 North Main Street, Santa Ana, requesting support of Assembly Bill 2752, which, if adopted, would establish guidelines for meeting the public transit requirements in Orange County. Passage of the bill would delete the requirement for the Dis- trict to purchase an existing transit service before establishment of a transit service by the District. The City Manager recommended support of the Bill. On motion by Councilwoman Smallwood, seconded by Council - Resolution 76-60 man McFarland, Resolution 76-60, being A RESOLUTION OF Supporting THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Assembly Bill IN SUPPORT OF ASSEMBLY BILL 2752, was adopted by the 2752 following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ZE-76-31 The Director of Planning presented an application for Gregory Zone Exception ZE-76-31, James Gregory, 1919 Newport Boulevard, Costa Mesa, for a conditional use to con- struct 31 apartment units with variances for density deviation (10.5 percent, 2,680 square feet per unit), and encroachments into the front and rear yard setbacks,.in an R2 -CP zone, located at 621 West Wilson Street. A Negative Declaration of Environmental Impact has been filed. The:Planning Commission, recommended approval subject to conditions. The applicant has revised his original plan so that the encroachment requested has been reduced substantially. Also, the density deviation has been recalculated at 6.4 percent because of land dedications not taken into account originally. One communication in opposition to the request has been received from Robert R. Lincourt, 2236 Meyer Place, Costa Mesa. Tim Gregory was present and answered questions.from the Council. Mayor Raciti expressed some concern over the proximity of this development to the NARMCO plant. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman. Smallwood, and carried, Mayor Raciti voting no, 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-76-55 The Director of Planning presented an application for Mulas Zone Exception.ZE-76-55, Andrea A. Mulas, Post Office Box 2842, Newport Beach, for a Conditional Use Permit for automobile repair, in an MG zone located at 711 West 17th Street. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval for two years subject to condi- tions. Valerie Van.Kanen, representing the applicant, answered questions from the Council. After discussion, on motion by Councilwoman Smallwood, seconded by� Councilwoman Hertzog, and carried, the Exempt Declar- ation of Environmental Impact was accepted as meeting the requirements of the.law, and the application approved for two years subject to conditions as recommended by the Planning Commission. ZE-76-56 The Director of Planning presented an application for Keefe Zone Exception ZE-76-56, James Keefe, 9382 Pier Drive, Huntington Beach, for conditional use to operate an automotive tune-up shop, in an M1 zone located at 1750 Pomona Avenue, Unit No. 4. An Exempt Declara- tion,of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. Jean Keefe, representing the applicant, was present and answered questions from the Council. On motion by -Vice Mayor Hammett, seconded by Council- man McFarland, 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-76-57 The Director of Planning presented an application for Shapiro Zone Exception ZE-76-57, Paul Stephen Shapiro, 5315 River Avenue, Newport Beach, for a variance to con- struct three apartment -units in addition to four - existing units, with a two -percent density deviation (2,958 square.feet per unit), and an encroachment into the required rear yard setback, located at 2046 Maple Avenue in an R2 zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A communication has been received from Sara E. Morris, 2038 Maple Avenue, Costa Mesa, in favor of the appli- cation if a seven -foot fence is placed between her property and the applicant's. A letter has been received from John'and Rosalie O'Brien, 1920 Lanai Drive, Costa Mesa, in opposition to the request. The applicant was present and agreed to the conditions. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, 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-76-59 The Director of Planning presented an application for Bond Zone Exception ZE-76-59, Gary Lee Bond, 11152 Acacia Street, Garden.Grove, for conditional use .for auto repair, in an MG zone located at 1980 Placentia Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant.was present and expressed objection to Condition No. 2 requiring construction of a masonry wall on the rear property line. Mr. Bond requested as an alternative to place redwood slats in the existing chain link fence. After discussion,.on motion by Councilwoman Hertzog, seconded by Councilman McFarland, 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 with the deletion of Condition No. 2 and an amendment to Condition No. 9, requiring the place- ment of redwood slats on Palace Avenue as well as Placentia Avenue. ZE-76-60 The Director of Planning presented an application for Thrifty Oil Zone Exception ZE-76-60, Thrifty Oil Company, 8050 East Florence Avenue, Downey, for a variance to allow Denied a ground sign to exceed maximum sign area, and to allow an illuminated price sign, located at 799 West 19th Street, in a C1 zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. A communication in opposition to the request has been received from Henry Vaughn, Post Office Box 353, Costa Mesa, owner of an adjacent property. Henry Smith, 1812 West 9th Street, Long Beach, was present, representing the applicant, and spoke in support of the request. After discussion, on motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, the application was denied as recommended by the Planning Commission. ZE-76-61 The Director of Planning presented an application for Young Zone Exception ZE-76-61, Jack Young, 1301 Quail Street, Newport Beach, for a Conditional Use Permit for a new car storage and auxiliary employee parking, located at 1970 Harbor Boulevard, in a C1 -CP zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions and modifications. No communications have been received. Jim Moffett, 1224 Village Way, Santa Ana, representing the applicant, was present and stated objections to Condition No. 4 regarding sidewalk con- struction, and Condition Nos. 9 and 10 regarding land dedications. After considerable discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and,'carried, Councilwoman Hertzog abstaining, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements hof the law, and the application approved subject to conditions and modifications as recommended by the Planning Commission. ZE-76-62 The Director of Planning presented an application for a resolution concerning Assembly Bill 4482. Mrs. Berg Zone Exception ZE-76-62, Louis Berg, 413 Santa Ana veterans and facilities for their convenience. Avenue,.Newport Beach, for a variance for construction Councilmanic Mayor Raciti made appointments of Council Members to Returned to of a five -unit apartment complex with an eight per - Planning cent density deviation (2,769 square feet per unit), Dom Raciti and Norma Hertzog; City -School Liaison Commission and a duplex (3,382 square feet per unit), on the of Cities Committee - Dom Raciti; Bicentennial adjacent lot with tandem parking spaces on both devel- Committee - Mary Smallwood; Aviation Committee - opments, located at 207, 209, and 211 Knox Street, in and, Mary Smallwood; West Side Task Force - Mary an R2 zone. A Negative Declaration of Environmental Smallwood and Dom Raciti; and Community Development Impact has been filed. The Planning Commission recom- alternate. mended denial. A communication in opposition to the request has been.received from Chiyeko Hedani, 1523 Orange Avenue, Costa Mesa. Brion S. Jeannette, architect -for the.project, was present and answered questions from the Council. The Director of Planning indicated that this is a revised plan being submitted to the Council which has not been reviewed by the Planning Commission. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, this application was returned to the .Planning.Commission in order that they may review the revised plans and make recommendations. Oral Jim Kennedy, Southern California Edison Company, Communications addressed the Council in regard to Proposition No. 15 urging the Council to oppose this measure which calls for the shutdown of nuclear power plants. Council felt that they should study both sides of this issue before making a decision. Darrilyn Oliver submitted for Council consideration a resolution concerning Assembly Bill 4482. Mrs. Oliver also asked questions about City employment of veterans and facilities for their convenience. Councilmanic Mayor Raciti made appointments of Council Members to Comments committees as follows: Transportation Committee - Jack Hammett and Dom Raciti; Inter -City Committee - Dom Raciti and Norma Hertzog; City -School Liaison Committee - Norma Hertzog and Ed McFarland; League of Cities Committee - Dom Raciti; Bicentennial Committee - Mary Smallwood; Aviation Committee - Jack Hammett; Fair Board Committee - Ed McFarland and, Mary Smallwood; West Side Task Force - Mary Smallwood and Dom Raciti; and Community Development Committee - Norma Hertzog, with Mary Smallwood as alternate. Adjournment At 12:05 a.m., the Mayor adjourned the meeting to an Executive Session on May 5, 1976, at 7:30 p.m., to be held in the fifth floor Conference Room of City Hall, for the purpose of interviewing Redevelopment Agency - applicants. �, Mayor of th6/lty'df sa ATTEST: a, I- �- I i G; City Clerk' of the .City of Co a Mesa