HomeMy WebLinkAbout05/17/1976 - City Council2518
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
May 17, 1976
The City Council of the City of Costa Mesa met in
regular session at 6:30 p.m., May 17, 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, led by Girl Scout Troop 1801, and
Invocation by Rabbi Sheldon Kirsch, Temple Sharon.
Brownie Troop Mayor Raciti acknowledged the presence of Brownie
Acknowledged Troop 123 from Killybrooke School.
Minutes The Mayor declared the Minutes of the following
April 7, 1976 meetings approved as distributed and posted as there
April 26, 1976 were no corrections:
May 1, 1976 Adjourned -Executive Session of April 7, 1976;
May 3, 1976 Adjourned Executive Session of April 26, 1976;
May 5, 1976 Adjourned Regular Meeting of May 1, 1976;
Regular Meeting of May 3, 1976; and
Adjourned Executive Session of May 5, 1976.
Bicentennial Don Bull, Chairman of the Bicentennial Committee,
Committee was present to announce the winners of the Bicentennial
Essay Contest Essay Contest. Former successful contestant, Tom
Pecoraro, presented certificates to the five semi-
finalists: Joe Young, Carolyn Hill, Alice Werts, David
Wasserman, and Sherry Elliott. Runners-up were John
Snavely and Carol Tucker. The finalists, Steve Tucker,
Rebecca Gunn, and Noel Naito will each receive $500.00
for a trip to Washington, D.C.
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, City Clerk
School District
On motion by Vice Mayor Hammett,
seconded by Council -
Employees
woman Hertzog, Resolution 76-61,
being A RESOLUTION
Recognized
OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA,
ACKNOWLEDGING THE EDUCATIONAL AND CIVIC CONTRIBUTIONS
Resolution 76-61...
OF CERTAIN INDIVIDUALS RETIRING
FROM THE NEWPORT -MESA
UNIFIED SCHOOL DISTRICT DURING THE 1975-76 SCHOOL
YEAR, was adopted by the following roll call vote:
AYES: Council Members:
Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members:
None
ABSENT: Council Members:
None
Ordinances
On motion by Vice Mayor Hammett,
seconded by Council-
man McFarland, and carried, all
ordinances will be
read by title only.
Dog License The Clerk presented for second reading and adoption
Fees Ordinance 76-21. Judy Striker, 3001 Royal Palm Drive,
Costa Mesa, asked questions about provisions in the
ordinance. After discussion, on motion by Vice Mayor
Ordinance 76-21 Hammett, seconded by Councilman McFarland, Ordinance
Adopted 76-21, being AN ORDINANCE OF THE CITY COUNCIL OF THE
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Red Hill The Clerk presented from the meeting of May 3, 1976, a
Annexation report on the sufficiency of protest petitions concern -
No. l to the ing Red Hill Annexation No. 1 to the Costa Mesa Park and
Park and Recreation District. The City Manager reported on this
Recreation protest petition and the one previously submitted that a
District total of 17 valid signatures were filed, representing
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 second reading and
adopted by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
R-76-16
On motion by Councilwoman Hertzog, seconded by Vice
Mayor Hammett, Ordinance 76-22, being AN ORDINANCE OF
Ordinance 76-22
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Adopted
CHANGING THE ZONING OF PROPERTY LOCATED ON A PORTION OF
VICTORIA STREET WESTERLY OF NEWPORT BOULEVARD, FROM AP
TO R2 -CP, R3 -CP, AND R4 -CP, was given second reading
and adopted by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
R-76-17
On motion by Vice Mayor Hammett, seconded by Councilman
McFarland, Ordinance 76-23, being AN ORDINANCE OF THE
Ordinance 76-23
CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Adopted
CHANGING THE ZONING ON A PORTION OF FAIR DRIVE WESTERLY
OF VANGUARD WAY (CIVIC CENTER PARK), FROM Cl TO C1 -CP,
was given second reading and adopted by the following
roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
R-76-19
On motion by Councilman McFarland, seconded by Council-
Arthoffer and
woman Hertzog, Ordinance 76-24, being AN ORDINANCE OF
Howard
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
CHANGING THE ZONING OF PROPERTY LOCATED AT THE SOUTH -
Ordinance 76-24
EAST CORNER OF VICTORIA STREET AND CANYON DRIVE, FROM
Adopted
Ml TO R2 -CP, was given second reading and adopted by
the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Historical
The Clerk presented from the meeting of April 19, 1976,
Society
a request from the Costa Mesa Historical Society, for
Storage
City payment of storage facility. Marge Robinson,
President of the Historical Society, was present to
answer questions from the Council. On motion by Vice
Mayor Hammett, seconded by Councilman McFarland, the
Council approved an allocation of $60.00 per month to
the Historical Society for one year for storage pur-
poses, by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Red Hill The Clerk presented from the meeting of May 3, 1976, a
Annexation report on the sufficiency of protest petitions concern -
No. l to the ing Red Hill Annexation No. 1 to the Costa Mesa Park and
Park and Recreation District. The City Manager reported on this
Recreation protest petition and the one previously submitted that a
District total of 17 valid signatures were filed, representing
7.79 percent of the assessed value in the territory
.to be annexed. This does not constitute a majority
protest. On motion by Vice Mayor Hammett, seconded
Ordinance 76-25
by Councilman McFarland, Ordinance 76-25, being AN
First Reading
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, ACTING AS THE BOARD OF DIRECTORS
OF THE COSTA MESA PARK AND RECREATION DISTRICT,
APPROVING THE ANNEXATION OF CERTAIN UNINHABITED
TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA IN
THE COUNTY OF ORANGE, KNOWN AS RED HILL NUMBER.ONE
ANNEXATION, 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
Former Mayor
Mayor Raciti acknowledged former Mayor and Mrs. Alvin
Recognized
Pinkley who were present in the audience, and also
Joe Jones, former Recreation Director.
CONSENT CALENDAR. The following items were removed
from the Consent Calendar: Item 3, land use options
concerning NARM:CO Materials Plant; and Item 16, a
right-of-way agreement with Mariners Savings and
Loan Association.
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
Reading Folder The following Reading Folder items, in the Consent
Calendar, were received and processed:
League of Letter from the City of Yorba Linda soliciting
California the City's support of Carolyn Ewing for the
Cities position of Executive Director for the Orange
County Division of the League of California
Cities.
Proposition 15
Alcoholic
Beverage
Licenses
End -
Reading Folder
Business Permit
Application
Sound Productions
Set for Public
Hearing
R-76-20
Janes
Resolution from the Board of Supervisors of
Orange County opposing Proposition 15 on the
June 8, 1976, ballot, regarding nuclear power. -
Alcoholic Beverage License applications for
which parking has been approved by Planning
from: Allen Jones, doing business as Baycrest
Spirits and Wine Shop,.333 East 17th Street;
Martha Pullo and John F. Pullo, Jr., doing
business as Van's Belgian Waffles and Crepes
of Costa Mesa, 369 East 17th Street, Suite 12;
and Joseph Robin, doing business as Sir Robin,
177 East 17th Street.
A request.from Sound Productions, 1014 East 32nd
Street, Long Beach, for a dance/concert at the Orange
County Fairgrounds, May 22, 1976, was approved.
The following items were set for public hearing at
6:30 p.m., June 7, 1976, in the Council Chambers of
City Hall:
Rezone Petition R-76-20, Michael Janes, 17965
Sky Park Circle, Suite F, Irvine, for permis-
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sion to rezone property located at 2644 Harla Avenue,
from Cl to R4 -CP in conformance with the General Plan.
A Negative Declaration of Environmental Impact has
been filed.
R-76-21 Rezone Petition R-76-21, Costa Mesa Planning Commis-
sion, for permission to rezone property located at
2100 and 2130 Canyon Drive, from M1 to R2 -CP in
conformance with the General Plan. The California
Environmental Quality Act requirements have been met
by the Environmental Impact Report for General Plan
Amendment GP -74-04A, accepted by Council on April 15,
1975.
Refund On recommendation by the Revenue Supervisor, a refund
of $15.00 to F. F, Service Company, 2525 East Second
F. F. Service Street, Long Beach, on Business.License No. 17,
Company representing overpayment of amount due, was approved
by the following roll call vote: .
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Claims The following claims received by the City Clerk were
referred to the City Attorney: Ava Lyn Readdy;
Attorney Joseph L. Byrnes on behalf of Jack Hickey;
and Farmers Insurance Group on behalf of Leonard
Rabb.
Uncashed On motion by Vice Mayor Hammett, seconded by Council -
Checks woman Hertzog, approval was given to cancel the
following uncashed checks: No. 3209, in the amount
of $20.29, issued December 27, 1974, to Raymond G:
Cox; No. 216, in the amount of $10.00, issued
April 15, 1975, to Julio Mendez; and No. 3382, in
the amount of $10.00, issued April 30, 1975, to SPAAU,
by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Rate -Making On motion by Vice Mayor Hammett, seconded by Council -
Policy woman Hertzog, Resolution 76-62, being A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA SETTING
Resolution 76-62 FORTH REQUIREMENTS FOR REPORTING AND POLICY OF ESTAB-
LISHING RATE -MAKING FOR PRIVATELY FURNISHED PUBLIC
SERVICES REGULATED BY 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
Cooperative On motion by Vice Mayor Hammett, seconded by Council -
Purchasing woman Hertzog, Resolution 76-63, being A RESOLUTION
with Orange - OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI-
County FORNIA; AUTHORIZING PURCHASES OF CERTAIN ITEMS TO BE
MADE FOR THE CITY BY THE PURCHASING AGENT OF THE
Resolution 76-63 COUNTY OF ORANGE, was adopted by the following roll
call vote:
AYES: Council Members: Raciti, Hammett,
i
Hertzog, McFarland,
i
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Stop Signs on
The Traffic Commission recommended installation of a
Mission Drive
two-way stop on Mission Drive in place of the existing
at Mendoza
Yield control for added safety to children crossing.
Drive
On motion by Vice Mayor Hammett, seconded by Council-
woman Hertzog, Resolution 76-64, being A RESOLUTION OF
Resolution 76=64
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AUTHORIZING THE ERECTION OF STOP SIGNS ON MISSION
DRIVE AT MENDOZA DRIVE, was adopted by the following
roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Time Limit
The Traffic Commission recommended time limit parking
Parking on
at 765 West 16th Street, 400 feet to 525 feet east of
West 16th
the centerline of Placentia Avenue. On motion by
Street
Vice Mayor Hammett, seconded by Councilwoman Hertzog,
Resolution 7.6-65, being A RESOLUTION OF THE CITY
Resolution 76-65
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTAB-
LISHING 24 -MINUTE PARKING ON A PORTION OF WEST 16TH
STREET, was adopted by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Removal of
The Traffic Commission recommended removal of the
Crosswalks on
northerly crosswalks on Harbor Boulevard at Victoria
Harbor Boulevard
Street, Wilson Street, and Adams Avenue, in order to
shorten the signal cycle length in accordance with .
the recommendation made by Herman Kimmel and -Associ-
ates in the Citywide Signal System Development Study.
On motion by Vice Mayor Hammett, seconded by Council -
Resolution 76-66
woman Hertzog, Resolution 76-66, being A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING THE REMOVAL OF CROSSWALKS ON
PORTIONS OF HARBOR BOULEVARD, was adopted by the
following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Bicycle Lane on
Council received the following information from the
Mesa Verde Drive
Traffic Commission: the exclusive left -turn lane
West at Adams
on Mesa Verde Drive West at Adams Avenue will be
Avenue
removed in order to provide bicycle lanes.
South Coast
An agreement with South Coast Plaza to establish a
Plaza Drainage
credit, in the amount of $.42,743.33, for future
Fee Agreement
drainage fee obligations, was presented. On motion
by Vice Mayor Hammett, seconded by Councilwoman
Hertzog, 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: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
ZE-75-88 The improvements in connection with Zone Exception
Konwiser ZE-75-88, located at the northeast corner of Park
Corporation Avenue and Pomona Avenue, have been completed by
Konwiser Corporation, 4120 Birch Street, Suite 104,
Newport Beach, to the satisfaction of the Director
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Landscape Bids received for the Landscape Construction of the
Construction West Bank of Estancia Park are on file in the Clerk's
of the West office. On motion by Vice Mayor Hammett, seconded by
Bank of. Councilwoman Hertzog, the contract was awarded to
Estancia Park West -Con Construction Company, Incorporated, 1732
Kaiser Avenue, Irvine, in the amount of $102,283.83,
Awarded being the lowest bid meeting specifications, by the
West -Con following roll call vote:
of Public Services. On motion by Vice Mayor Hammett,
seconded by Councilwoman Hertzog, the work was accepted
and the bonds were ordered exonerated, by the following
roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog,.McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
S-75-17
The improvements in connection with Parcel Map 5-75-17,
Hood and
located at 897 and 899 Senate Street, have been com-
Associates
pleted by Hood and Associates, Post Office Box 376,
Tustin, to the satisfaction of the Director of Public
Services. On motion by Vice Mayor Hammett, seconded by
Councilwoman Hertzog, the work was accepted and the
cash deposit, in the.amount of $6,480.00, ordered
exonerated, by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
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, 15505 East
Reconstruction
Lincoln.Avenue, Orange, to the satisfaction of the
and Resurfacing
Director of Public Services. On motion by Vice Mayor
of City Streets
Hammett, seconded by Councilwoman Hertzog, the work
was,.accepted, the Clerk was authorized to file a
Notice of Completion, and the bonds were ordered
exonerated 35 days after the Notice of Completion has
been filed, by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Agreement with
On motion by Vice Mayor Hammett, seconded by Council -
Orange County
woman Hertzog, an agreement with the County of Orange
for Health
extending City -County Health Services Agreement to
Services
October 31, 1976, was approved, and the Mayor and Clerk
authorized to sign on behalf of the City, by the fol-
lowing roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Bid Item 284
Bids received for Bid Item 284, One Brush Chipper, are
Brush Chipper
on file in the Clerk's office. On motion by Vice Mayor
Hammett, seconded by Councilwoman Hertzog, the bid was
Awarded
awarded to B. Hayman Company, Incorporated, 9525
B. Hayman Company
Sorensen Avenue, Santa Fe Springs, in the amount of
$7,477.00, being the lowest 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
Landscape Bids received for the Landscape Construction of the
Construction West Bank of Estancia Park are on file in the Clerk's
of the West office. On motion by Vice Mayor Hammett, seconded by
Bank of. Councilwoman Hertzog, the contract was awarded to
Estancia Park West -Con Construction Company, Incorporated, 1732
Kaiser Avenue, Irvine, in the amount of $102,283.83,
Awarded being the lowest bid meeting specifications, by the
West -Con following roll call vote:
Application for
Bicycle Funds
Resolution 76-67
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None -
ABSENT: Council Members: None
On motion by Vice Mayor Hammett, seconded by Council-
woman Hertzog, Resolution 76-67, being A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING
THE APPLICATION FOR BICYCLE FUNDS AUTHORIZED UNDER
SENATE BILL 821 AND APPROVING THE ADOPTION OF ITS
BICYCLE PLAN, was adopted by the following roll call
vote: .
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Land Use Options Item 3 on the Consent Calendar, consideration of
for NARMCO various land use options (possible General Plan
Property Amendment and/or Rezone), for the property located at
600 Victoria Street, presently occupied by the NARMCO
Hearing Set Materials Plant, was presented. On motion by Council-
man McFarland, seconded by Councilwoman Hertzog, and
carried, this item was set for public hearing on
June 21, 1976, at 6:30 p.m.
Right -of -Way
Item 16 on the Consent Calendar, a Right=of-Way
Agreement -
Agreement with Mariners Savings and Loan Association,
Mariners Savings
for acquisition of 18,954 square feet of land on the
and Loan
south side of 19th Street between Harbor Boulevard
and Newport Boulevard., for the 19th Street Widening
19th Street
Project, was presented. The agreement stipulates
Widening
payment of $95,000.00 for the property, and for escrow
to close on or before June 23, 1976. On motion by
Councilman McFarland, seconded by Vice Mayor 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: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Warrant
On motion by Councilwoman Hertzog, seconded by Council -
Resolution 936
man McFarland, Warrant Resolution 936 was approved by
the following roll call vote:
AYES: Council Members: Raciti, Hertzog,
McFarland, Smallwood,
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAINING: Council Members: Hammett
Warrant
On motion by Vice Mayor Hammett, seconded by Council -
Resolution 937
woman Hertzog, Warrant Resolution 937, including Payroll
7609, was approved by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Newport -Irvine On motion by Vice Mayor Hammett, seconded by Council -
Waste Management woman Hertzog, the Mayor and Clerk were authorized to
Planning Agency sign an agreement to join the Newport -Irvine Waste
Management Planning Agency, by the following roll call
vote:
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AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
On motion by Councilman McFarland, seconded by Council-
The appropriation of. the remaining funds will be dis-
cussed by Council at the adjourned meeting of May 24,
1976.
Longevity and On motion by Councilman McFarland, seconded by Council -
Scholastic woman Hektzog, Ordinance 76-27, being AN ORDINANCE OF
Achievement THE CITY COUNCIL OF THE CITY OF COSTA MESA REPEALING
Compensation SECTION 2-232 OF THE COSTA MESA MUNICIPAL CODE RELATING
TO LONGEVITY AND SCHOLASTIC ACHIEVEMENT COMPENSATION
Ordinance 76-27 AND SETTING FORTH REASONS THEREFOR, was given first
First Reading 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
1976-77 Budget The City Manager presented a preliminary budget for
Public fiscal year 1976-77, in the amount of $19,089,445.00,
Discussion which includes operations as well as capital improve -
Set for ments. The Budget was set for public discussion on
June 7, 1976 June 7, 1976.
June 7, 1976
woman Hertzog, and carried, the Mayor appointed Vice
Mayor Hammett as Costa Mesa's representative to the
Agency with the Director of Public Services to serve as
alternate.
Speed Limit
On motion by Councilwoman Hertzog, seconded by Council -
Reduction on
man McFarland, Ordinance 76-26, being AN ORDINANCE OF
Harbor Boulevard
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AMENDING SECTION 10-233 OF THE MUNICIPAL CODE OF THE
Ordinance 76-26
CITY OF COSTA MESA TO ESTABLISH SPEED LIMITS ON HARBOR
First Reading
BOULEVARD BETWEEN NEWPORT BOULEVARD AND SUNFLOWER
AVENUE, was given first reading and passed to second
reading by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
NOES: Council Members: Smallwood
ABSENT: Council Members: None
Rehabilitation
The next item, an agreement with Crocker National Bank
Loan Program
regarding the City's Rehabilitation Loan Program, was
Removed from Agenda
removed from the Agenda.
Revenue Sharing
The City Manager recommended that Council allocate the
1976-77
following projects from the 1976-77 Revenue Sharing
funds: (1) Downtown Fire Station, Phase II,
$150,000.00; and (2) Street Maintenance, Phase V,
$225,000.00. Additionally, $75,000.00 is recommended
for social programs, which represents 10 percent of
the unencumbered balance, said amount having been
established by Council policy on May 1, 1976. A list
of eligible projects was submitted for the remainder
of the funds. After discussion, on motion by Council-
man McFarland, seconded by Councilwoman Hertzog, the
allocation for Projects 1 and 2, in the amount of
$375;000.00, was approved, as well as $75,000.00 for
social programs, by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
The appropriation of. the remaining funds will be dis-
cussed by Council at the adjourned meeting of May 24,
1976.
Longevity and On motion by Councilman McFarland, seconded by Council -
Scholastic woman Hektzog, Ordinance 76-27, being AN ORDINANCE OF
Achievement THE CITY COUNCIL OF THE CITY OF COSTA MESA REPEALING
Compensation SECTION 2-232 OF THE COSTA MESA MUNICIPAL CODE RELATING
TO LONGEVITY AND SCHOLASTIC ACHIEVEMENT COMPENSATION
Ordinance 76-27 AND SETTING FORTH REASONS THEREFOR, was given first
First Reading 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
1976-77 Budget The City Manager presented a preliminary budget for
Public fiscal year 1976-77, in the amount of $19,089,445.00,
Discussion which includes operations as well as capital improve -
Set for ments. The Budget was set for public discussion on
June 7, 1976 June 7, 1976.
June 7, 1976
Agreement - The City Manager presented an agreement with Adam J.
Szymanski and Kathryn Szymanski for acquisition of 6,120 square
"Super Block" feet of land for the "Super Block" project, Parcel 1.
This agreement stipulates a payment of $25,000.00 for
the property and escrow to close as soon as possible.
On motion by Councilman McFarland, seconded by Council-
woman Hertzog, 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: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Acquisition.of The City Manager requested authorization to transmit
Property on a written offer to the Bishop of the Protestant
Orange Avenue Episcopal Church of Los Angeles, to purchase property
located at 2043 Orange Avenue for public building and
park purposes. Said offer to be consistent with the
appraised value of the property. On motion by'Council-
woman Smallwood, seconded by Councilwoman Hertzog, and
carried, the City Manager was so authorized.
TeWinkle Park
The City Manager presented an amendment to the contract
Spectator
with Bayside Builders of Garden Grove for the Spectator
Pavillion
Pavillion at TeWinkle Park. Since the awarding of this
Contract
contract on April 5, 1976, it became apparent that the
Amendment
asphalt pavement was in need of replacement and the
contractor was requested to submit a bid for this addi-
tional work. The price bid for 19,380 square feet of
paving, in the amount of $17,000.00, is consistent with
the original contract prices and is recommended for
approval. On motion by Councilman McFarland, seconded
by Vice Mayor Hammett, the contract amendment was
approved as outlined, 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
Final EIR for set for the public hearing for the following items:
South Coast Plaza
Phase III Final Environmental Impact Report for South
Expansion Coast Plaza Phase III Expansion.
ZE-76-54 Zone Exception ZE-76-54, South Coast Plaza,
3315 Fairview Road, Costa.Mesa, for a
variance from parking requirements and
building height restrictions to allow addi-
tions to existing shopping center, in a
C1 -S zone located at 3333 Bristol Street.
Master Plan Master Plan Amendment for South Coast Plaza,
Amendment 3315 Fairview Road, Costa Mesa, for amendment
for South to Master Plan of Shopping Center to allow
Coast Plaza addition of three department stores, mall
shops, and parking facilities, located at
3333 Bristol Street, in a Cl -S zone.
The affidavit of publication is on file in the Clerk's
office. No communications have been received. The
Planning Commission recommends acceptance of the Final
Environmental Impact Report, and approval of both the
Zone Exception Permit and Master Plan Amendment,
subject to conditions. Subsequent to the Planning
Commission approval, the Fire Department has recom-
mended deletion of Conditions 9a, 9b, and 9d. Paul
Diehl, 1092 Santa Cruz Circle, Costa Mesa, represent-
ing the North Costa Mesa Homeowners Association,
expressed his opinion that the following items are
potential problems which should be given careful
scrutiny: parking deficiencies, traffic circulation,
and the need for sidewalks on Bear Street and Sun-
flower Avenue. Greg Butcher, 3315 Fairview Road,
representing the applicant, agreed to the conditions
recommended by the Planning Commission. There being
no other speakers, the Mayor closed the public hear-
ing. After discussion, on motion by Vice Mayor
Hammett, seconded by Councilwoman Smallwood, and
carried, the Environmental Impact Report was accepted
as meeting the requirements of the law. On motion by .
Councilwoman Hertzog, seconded by Councilman McFarland,
and carried, ZE-76-54 was approved subject to condi-
tions as recommended by the Planning Commission, with
the exception of Conditions 9a, 9b, and 9d, which
Council deleted. On motion by Vice Mayor Hammett,
seconded by Councilwoman Smallwood, and carried, the
Master Plan Amendment for South Coast Plaza was
approved subject to the conditions as set forth in
ZE-76-54.
Extension of
The Clerk presented a request from Spoiler Yachts,
Trailer Permit
Incorporated, 1550 Newport Boulevard, Costa Mesa, for
Spoiler Yachts
a one-year extension of a permit for a temporary
trailer at that address. The Planning Department
recommended denial. A letter has been received from
Robert H. Daniel, 449 Broadway, Costa Mesa, in
opposition to the request. Letters received from
Dan W. McMillan, 1566 Newport Boulevard, Costa Mesa,
and Walter A. Kiener, owner of properties at 1536,
1540, and 1542 Newport Boulevard, requested that the
applicant be required to provide adequate off-street
parking. Dale Anderson, representing the applicant,
was present and spoke in support of the request
indicating that plans are underway for a permanent
facility at this location. Walter Kiener, 514
Poinsettia Avenue, Corona del Mar, restated his position
that adequate off-street parking be provided. Willard
Courtney, owner of three properties in this area, also
commented on the lack of parking. After discussion, on
motion by Vice Mayor Hammett, seconded by Councilwoman
Smallwood, and carried, the extension.was approved for
six months subject to four conditions recommended by
the Planning Department.
Request for
The Clerk presented a request from Marty DePiano,
Rehearing -
representing Fettucini's, 2831 Bristol Street, Costa
Fettucini's
Mesa, for rehearing of application for an entertain-
ment permit, which was denied by Council on April 19,
Denied
1976. The applicant was not present. On motion by
Vice Mayor Hammett, seconded by Councilwoman Hertzog,
and carried, Councilman McFarland abstaining, the
request was denied.
Request for
The Clerk presented a request from D. Gary Hawthorne,
Rehearing -
representing Saturday/Sunday Car Mart, 881 Camino del
Saturday/Sunday
Rio South, Suite 3G, San Diego, for a rehearing of
Car Mart
business permit application, which was denied by
Council on April 19, 1976. The applicant was not
Denied
present. On motion by Vice Mayor Hammett, seconded
by Councilwoman Hertzog, and carried, the request
was denied.
Public Nuisance The Clerk presented a recommendation from the Planning
Property - Commission to declare property located at 2446 and
Gardner 2448 Santa Ana Avenue, a public nuisance. The owner
of subject properties is Robert Gardner. The Planning
Held Over Director gave a slide presentation showing the condi-
tion of the property prior to this date, and indicated
that the property owner has now taken measures to
improve its condition. Mrs. M. Durham, 273 Brentwood
Place, and Margaret.Whitney, 277 Brentwood Place, asked
if this matter could be continued to allow more
neighbors to -testify. Mr. Gardner, 823 West Balboa
Boulevard, Balboa, was present to answer questions from
Council. After discussion, on motion by Vice Mayor
Hammett, seconded by Councilwoman Hertzog, and carried,
this item was held over to -the meeting of June 7, 1976.
Recess
The Mayor declared a recess at 8:35 p.m., and .the meet-
ing reconvened at 8:40 p.m.
ZE-76-29
The Director of Planning presented an application for
Music
Zone Exception ZE-76-29, Music Investments, 1024 East
Investments
Del Amo Street, Carson, for a variance to legalize
existing signs, exceeding the requirements set forth
Held Over
in the Sign Ordinance, in a C2 zone located at 1846
Newport Boulevard. An Exempt Declaration of Environ-
mental Impact has been filed. The Planning Commission
recommended denial and removal within 30 days of
Council action. Attorney Edward C. Broffman, repre-
senting the applicant, requested a continuance of this
item to June 7, 1976. After discussion, on motion by
.. -Vice -Mayor Hammett, seconded by Councilwoman Hertzog,
and carried, this item was held over to the meeting of
June 7, 1976, as requested.
ZE-76-53
The Director of Planning presented an application for
Baker
Zone Exception ZE-76-53, Gaither E. Baker, 388 West Bay
Street, Costa Mesa, for a conditional use to construct
two apartment units in addition to six existing units
with a variance for encroachment into the rear yard
setback, in an R3 -CP zone located at that address. An
Exempt Declaration of Environmental Impact has been
filed. The Planning Commission recommended approval
subjectto conditions. No communications have been
received. -The applicant was present and agreed to the
conditions. On motion by Vice Mayor- Hammett, seconded
by Councilman McFarland, and carried, the Exempt
Declaration of Environmental Impact was accepted as
meeting the requirements of the law, and the applica-
tion approved subject to conditions as recommended by
the Planning Commission.
ZE-76-62 Revised
The Director of Planning presented the revised applica-
Berg
tion for Zone Exception ZE-76-62, Louis Berg, 413 Santa
Ana Avenue, Newport Beach, for a variance for construc-
tion of a five -unit apartment complex with an eight
percent density deviation (2,769 square feet per unit),
and a duplex (3,382 squarefeet per unit), on the
adjacent lot, with tandem parking spaces on both
developments, located at 207, 209, and 211 Knox Street,
in an R2 zone. A Negative Declaration of Environmental
Impact has been filed. No communications have been
received. The Planning Commission recommended approval
subject to conditions. The applicant was present and
agreed to the conditions. On motion by Councilman
McFarland, seconded by Councilwoman Smallwood, and
carried, the Negative. Declaration of Environmental
Impact was accepted as meeting the requirements of
the law, and the application approved subject to condi-
tions as recommended by the Planning Commission.
ZE-76-63 Revised
The Director of Planning presented the revised applica-
Arthoffer and
tion for ZE-76-63, Arthoffer and Howard Development
Howard
Company, 2400 West Coast Highway, Newport Beach, for a
conditional use permit to allow construction of 64
condominiums to meet CP standards, located at the
southeast corner of Victoria Street and Canyon Drive,
in an R2 -CP -zone. A Negative Declaration of Environ-
mental Impact has been filed. No communications have
ZE=76-64 ;The Director of Planning presented an application for
Neill Zone Exception ZE-76-64, Clyde Logan Neill, 2025-A
:Laurie Lane, Costa Mesa, for a variance to encroach
Denied into the required side yard setback to legalize a
plexiglass enclosure, located at 2025 Laurie Lane, in
an R2 -CP zone. An Exempt Declaration of Environmental
'Impact has been filed. The Planning Commission recom-
mended denial. No communications have been received.
'The applicant was present to answer questions from the
Council. William Kaban, 2029-A Laurie Lane, spoke in
;opposition to the request. After discussion, on
motion by Vice Mayor Hammett, seconded by Councilwoman
'Smallwood, and carried, the application was denied.
ZE-76-65
been received. The Planning Commission recommended
Gallacher
approval subject to conditions. Garrett Smith, 2043
Investment
Westcliff Drive, Newport Beach, was present represent -
ng the applicant, and agreed to the conditions. Jeff
Denied
Keating, 2082 Valley Road, Costa Mesa, was present
representing the Marina Highlands Homeowners Associa-
,tion.• Mr. Keating expressed concern with the ingress
and egress on Victoria Street because of its proximity
to the adjacent school, and asked that this access be
used only as an entrance to the property. During the
discussion which followed, the Mayor asked the
developer if he would.place caution signs at the
Victoria Street exit, and Mr. Smith agreed. Addition-
ally, Vice Mayor Hammett requested the staff to notify
:the school of this project and to discuss with them
the possibility of land dedication for the future
;widening of Victoria Street. On motion by Vice Mayor
Hammett, seconded by Councilman McFarland, and
;carried, the Negative Declaration of Environmental
Impact waa accepted as meeting the requirements of the
ZE-76-66
;law, and the application approved subject to conditions
Grimm
as recommended by the Planning Commission.
ZE=76-64 ;The Director of Planning presented an application for
Neill Zone Exception ZE-76-64, Clyde Logan Neill, 2025-A
:Laurie Lane, Costa Mesa, for a variance to encroach
Denied into the required side yard setback to legalize a
plexiglass enclosure, located at 2025 Laurie Lane, in
an R2 -CP zone. An Exempt Declaration of Environmental
'Impact has been filed. The Planning Commission recom-
mended denial. No communications have been received.
'The applicant was present to answer questions from the
Council. William Kaban, 2029-A Laurie Lane, spoke in
;opposition to the request. After discussion, on
motion by Vice Mayor Hammett, seconded by Councilwoman
'Smallwood, and carried, the application was denied.
ZE-76-65
The Director of Planning presented an application for
Gallacher
;Zone Exception ZE-76-65, Gallacher Investment Company,
Investment
;11:27 Baker Street, Costa Mesa, for a conditional use
-permit for a recreational vehicle storage lot, located
Denied
.at 1125 Baker Street, in an M1 zone. An Exempt Declar-
ation of Environmental Impact has been filed. The
Planning Commission recommended approval subject to
conditions. No communications have been received. The
applicant, James Gallacher, 1115 Charleston Street,
'Costa Mesa, was present and agreed to the conditions.
-;Bill Kessel, 1122 Mission Drive, Costa Mesa, spoke in
!opposition to the request. During the discussion which
. followed, Councilman McFarland said he would not be
opposed to this project if additional landscaping was
'added between the properties. After furhter discussion,
;on motion -by Councilwoman Hertzog, seconded by Council -
:woman Smallwood, and carried, Mayor Raciti and
!Councilman McFarland voting no, the application was
denied.
ZE-76-66
:The Director'of Planning presented an application for
Grimm
Zone Exception ZE-76-66, Hans George Grimm, 2035
'Fullerton Avenue, No. 16, Costa Mesa, for a conditional
,use permit to operate an automotive repair shop at 711
West 17th Street, Building F3, in an MG zone. 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 agreed to the
'conditions. On motion by Vice Mayor Hammett, seconded
by Councilwoman Smallwood, and carried, the Exempt
;Declaration of Environmental Impact was accepted as
,meeting the requirements of the law, and the applica-
tion approved subject to conditions as recommended by
;the Planning Commission.
ZE-76-67 The Director of Planning presented an application for
Berg Zone Exception ZE-76767, Robert -Guy Berg, 1134 Paularino
Avenue, Costa Mesa, for a variance to allow a room addi-
tion to an existing single-family home to encroach into
the required rear yard, located.at'that address, in an
Rl zone. An Exempt Declaration of Environmental Impact
has been filed. The Planning Commission recommended
approval. No communications have been received. On
motion by Vice Mayor Hammett, 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 as
recommended by the Planning Commission.
ZE-76-68 The Director of Planning presented an application for
Hanson Zone Exception ZE-76-68, Harold 0. Hanson, 262 Knox
Place, Costa Mesa, for a variance to construct a 5,743
Held Over square foot storage building with reductions in the
required side and rear yard setbacks and required
number of parking spaces, in a C2 zone, located at 1605
Orange Avenue. A Negative Declaration of Environmental
Impact has been filed. The Planning Commission recom-
mended denial. A letter in opposition to the request
has been received from Robert E. Bostwick, 866 Central
Park Drive, Paradise. The applicant was present and
agreed to the conditions if approved. Considerable
discussion followed concerning what affect approval
of this use would have on the future use of the
property in the event it is sold. It was suggested
that perhaps a condition could be added to control
the future use of ,the property. The staff was requested
to research this information before the next meeting.
On motion by Vice Mayor Hammett, seconded by Councilman
McFarland, and carried, this item was held over to the
meeting of June 7, 1976.
ZE-76-72 The Director of Planning presented an application for
Sanford Zone Exception ZE-76772, Steven Sanford, 2750 Benedict
Canyon Drive, Beverly Hills, for a conditional use to
Denied construct a restaurant with variances to encroach into
the required front setback and to install a roof and
ground sign, located at 3095 Harbor Boulevard, in a
Cl -CP zone. A Negative Declaration of Environmental
Impact has been filed. The Planning Commission recom-
mended approval of the project and denial of the signs.
No communications have been received. The applicant
was present and agreed to all conditions with -the
exception of Condition 15b, concerning payment of 25
percent of the cost of the traffic signal at the corner
of Harbor Boulevard and Nutmeg Place. Considerable
discussion followed concerning this condition and the
City Manager strongly recommended that it be applied to
this project. Since this development will only utilize
a portion of the lot at this location, it was suggested
that perhaps the condition could be amended to permit
the applicant, or owner,,to pay 10 percent of the cost
now and 15 percent when the remaining property is
developed. A motion by Vice Mayor Hammett, seconded
by Councilman McFarland, .to approve the Planning
Commission's action with an amendment to Condition 15b
as previously suggested, was followed by discussion
concerning the development of this entire parcel.
Subsequently, the motion failed to carry, Mayor :Raciti
and Council Members Hertzog and Smallwood voting no.
The Council.indicated their desire to see a Master
Plan of development for this entire parcel prior to
any new proposals being submitted.
ZE-76-73 The Director of Planning presented an application for
Gesler Zone Exception ZE-76-73, Michael E. Gesler, 1451 East
Irvine Boulevard, Tustin, for a variance for reduction
Denied in parking to construct a drive-through addition to an
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existing Burger King Restaurant, located at 2015
Harbor Boulevard, in a C2 zone. An Exempt Declara-
tion of Environmental Impact has been filed. The
Planning Commission recommended denial. A communi-
cation in support of the request was received from
Miles Soskin, 1054 South LaBrea Avenue, Inglewood,
owner of the adjacent property. On motion by
Councilman McFarland, seconded by Councilwoman
Smallwood, and carried, the application was denied.
ZE-76-74 The Director of Planning presented an application for
Finkenbinder/ Zone Exception ZE-76-74, Paul Edwin Finkenbinder and
Pablo Hermano Pablo, Incorporated, 2975 Mindanoa Drive,
Costa Mesa, for a variance to construct a 12 -foot high.
decorative block wall within the front setback, located
at 2080 Placentia Avenue, in an MG zone. An Exempt
Declaration of Environmental Impact has been filed.
The Planning Commission recommended denial. A communi-
cation in opposition to the request has been received
from Mrs. Nora R. Walker, Post Office Box 46, Sedona,
Arizona. Al Dager_, representing the applicants, was
present and answered questions from the Council. Mr.
Dager-_ stated the main reason for this wall is to
screen the unsightly staircase at the front of the
building,, -and also to prevent litter from collecting
in front,of the property. After discussion, on
motion by Vice Mayor Hammett, seconded by Council-
woman Hertzog, and carried, Councilwoman Smallwood
____.-voting no, the Exempt Declaration of Environmental
Impact was accepted as meeting the requirements of
the law, and the application approved subject to
conditions recommended by staff.
ZE-76-75 The Director of Planning presented an application for
McCauley Zone Exception ZE-76-75, Harold J. McCauley, 698 West
17th Street, Costa Mesa, for conditional use for a
furniture upholstery shop, located at -that address,
in an Ml zone. An Exempt Declaration of Environ-
mental Impact has been filed. The Planning
Commission recommended approval subject to one
condition. No communications have been received.
The applicant was present and agreed to the condition.
On motion::lby Councilman McFarland, 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 with one condition .as -..recommended by the
Planning Commission.
Oral Jack Polans, 2864 Royal Palm Drive, Costa Mesa,
Communications addressed the Council concerning the copying of.
Council tapes and discussions held with the City
Clerk in this regard. Mr. Polans was requested to
put his remarks in writing to the Council.
Councilmanic..- Councilman McFarland requested confirmation of dates
Comments when discussion will be held on business items previ-
ously brought up at.the May 1, 1976, Council meeting.
Councilwoman Smallwood thanked the Council for their
thoughtfulness during her recent hospital stay.
Councilwoman Hertzog talked briefly on a recent meet-
ing with the South Coast Repertory Company concerning
the City's participation in the development of a
project with them, and stated that this item will be
discussed more fully at the June 7, 1976, Council
.meeting.
r'�1�0 :1 -.�
The Mayor appointed Councilman McFarland as this
City's representative to the Santa Ana Flood
Protection Agency,- with himself to serve as alternate.
Adjournment At 11:55 p.m., the Mayor adjourned the meeting to
Executive Session in_the first floor Conference Room
to discuss personnel matters and pending litigation;
at 12:20 a.m., the Mayor adjourned the meeting to
6:30 p.m. on May 24, 1976, in the fifth floor
Conference Room of City Hall. The Mayor announced
that said meeting would-be adjourned to 2:30 p.m. on
June 7, 1976, in the Council Chambers, to be held
jointly with the Costa Mesa Planning Commission.
4
ayor of the y ;?;Eos a Mesa
ATTEST:
City Clerk of the City of C a Mesa
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