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HomeMy WebLinkAbout06/07/1976 - City CouncilZ77 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 7, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., June 7, 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 Right Reverend Monsignor Thomas J. Nevin, St. Joachim's Catholic Church. Roll Call Council Members Present: Raciti, Hammett, Hertzog, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, City Attorney, Assistant City Attorney, Director of Planning, Assistant City Engineer, and City Clerk Minutes The Mayor declared the Minutes of the regular meeting May 17, 1976 of May 17, 1976, and the adjourned regular meeting of May 24, 1976 May 24, 1976, approved as distributed and posted as there were no corrections. Proclamation On motion by Vice Mayor Hammett, seconded by Council - Honor America woman Hertzog, and carried, a proclamation declaring Days June 14 through July 4, 1976, as Honor America Days, was approved. Bicentennial On motion by Councilwoman Hertzog, seconded by Council - Historic woman Smallwood, Resolution 76-68, being A RESOLUTION Flight OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AUTHORIZING VICE MAYOR HAMMETT TO PARTICIPATE Resolution 76-68 IN AN HISTORIC CROSS-COUNTRY FLIGHT COMMEMORATING THE UNITED STATES BICENTENNIAL, was adopted by the follow- ing roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Ordinances On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, and carried, all ordinances will be read by title only. Red Hill No. 1 On motion by Vice Mayor Hammett, seconded by,Councilman Annexation to McFarland, Ordinance 76-25, being AN ORDINANCE OF THE the Park and CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Recreation ACTING AS THE BOARD OF DIRECTORS OF THE COSTA MESA PARK District AND RECREATION DISTRICT, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF Ordinance 76-25 COSTA MESA IN THE COUNTY OF ORANGE, KNOWN AS RED HILL Adopted NUMBER ONE ANNEXATION, 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 Speed Limit On motion by Councilman McFarland, seconded by Vice Reduction on Mayor Hammett, Ordinance 76-26, being AN ORDINANCE Harbor Boulevard OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10-233 OF THE MUNICIPAL Ordinance 76-26 CODE OF THE CITY OF COSTA MESA TO ESTABLISH SPEED Adopted LIMITS ON HARBOR BOULEVARD BETWEEN NEWPORT BOULEVARD AND SUNFLOWER AVENUE, 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 Longevity and On motion by Councilman McFarland, seconded by Council - Scholastic woman Hertzog, 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 Ordinance 76-27 COMPENSATION AND SETTING FORTH REASONS THEREFOR, was Adopted 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 1976-77 Budget The City Manager presented for discussion the 1976-77 Budget for the City of Costa Mesa. The total recom- mended appropriations for operation, as well as for Capital Improvements is $19,089,445.00. Former Mayor Alvin Pinkley, 1833 Fullerton Avenue, Costa Mesa, gave his wholehearted support and approval of the Budget -as proposed. Pat Dolan, representing himself and "Save the Canyon" Committee, expressed his concern that the needs of the Westside are not being considered. Anita Grossman, 1959 Flamingo Drive, asked the Council to consider the Costa Mesa Civic Playhouse in their financial planning. Douglas Toohey, 1149 E1 Camino Drive, Costa Mesa, requested that public hearings be held on the planning concepts for TeWinkle Park. After Council discussion, on motion by Vice Mayor Hammett, seconded by Councilman Resolution 76-69 McFarland, Resolution 76-69, being A RESOLUTION OF Budget Approved THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE -1976.77 BUDGET FOR THE CITY; SETTING FORTH MANNER OF CONSIDERATION BY PUBLIC AND COUNCIL; AND RECOGNIZING THE BALANCE BETWEEN TAX INCOME AND ESTIMATED EXPENDITURES, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ZE-76-29 The Clerk presented from the meeting of May 17, 1976, Music application for Zone Exception ZE-76-29, Music Invest - Investments ments, 1024 East Del Amo Street, Carson, for a variance to legalize existing signs, exceeding the requirements Denied set forth in the Sign Ordinance, in a C2 zone located at 1846 Newport Boulevard. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission and Redevelopment Agency recommended denial of this request. Bob Hall of the Costa Mesa Planning Department, requested the following documents be incorporated as a part of the record: (1) Minutes of the Planning Commission, Redevelopment Agency, and City Council meetings concerning this matter; (2) -In- spector's Report dated January 27, 1976; (3) Staff u Report; (4) Criminal.Complaint, Case No. 76335; (5) Memorandum in support of application for Zone Exception Permit; (6) Response to Memorandum in support of Zone Exception Permit; (7) Letter from the law offices of Fierstein and Sturman, 1888 Century Park East, Los Angeles, dated June 3, 1976. The Director of Planning gave a brief report on the prior attempts by the staff to obtain the applicant's compliance with the Sign Ordinance. Attorney Edward Broffman, representing the applicant, was present and requested Council's approval of a modified signing proposal. During the discussion which followed, it was felt that this applicant has made no attempt to cooperate with the City in meeting the requirements and that the Sign -Ordinance must be enforced. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, the application was denied. ZE-76-68 The Clerk presented from the meeting of May 17, 1976, Hanson application for Zone Exception ZE-76-68, Harold 0. Hanson, 262 Knox Place, Costa Mesa, for a variance to construct a 5,743 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. This item was continued from the last meeting in order that the City Attorney would have an opportunity to research the possibility of a deed restriction to guarantee the future use of this property. The City Attorney reported his findings that an exception on the.use of the property could be made a part of the title,to the property. The City Attorney further reported that the applicant has agreed to this suggestion. After dis— cussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, Councilwoman Small- wood voting no, the Negative Declaration of Environ- mental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission and an additional condition concerning the future use of the property as outlined by the City Attorney. Public Nuisance The Clerk presented from the meeting of May 17, 1976, Property - the Planning Commission recommendation to declare Gardner property located at 2446 and 2448 Santa Ana Avenue a public nuisance. Owner of subject properties is Robert Gardner, 823 -.West Balboa Boulevard, Balboa. Tom Durham, 273 Brentwood Place, Costa Mesa, and Wayne Whitney, 277 Brentwood Place, urged Council, on behalf of the neighboring property owners, to take the necessary action to require improvements in the condition of the subject properties. Mr. Gardner was present and informed the Council that the property will be sold in the very near .future. George Wood, 1665 Placentia Avenue, the future owner of the subject property, requested that any action taken by the Council be directed at the present property owner. After Council discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the City Manager was authorized to initiate an investi- gation to determine if a public nuisance exists. Recess The Mayor declared a recess at 8:30 p.m., and the meeting reconvened at 8:35 p.m. Request for The Clerk presented a request from John R. Young, 1301 Rehearing of Quail Street, Newport, for a rehearing of Zone Excep- ZE-76-61 tion ZE-76-61,-which was -approved by Council on May 3, Young 1976. The Assistant City Attorney and the Planning Director r-eported that the application did not meet Denied the requirements for rehearing. Jim Moffett, 1224 Village Way, Santa Ana, representing the applicant, was present. After discussion, on motion by Council- man McFarland, seconded by Councilwoman Smallwood, and carried, the request was denied on the basis of no new evidence or procedural error. Request for The Clerk presented a request from Russell W. Millar, Rehearing 223 Wellesley Lane, Costa. Mesa, for a rehearing of Concerning Council decision on May 3, 1976, concerning Ordinance - Ordinance 76-11 No. 76-11. Attorney Barry Wrenn, 1924 Mimosa Place, Fullerton, was present, representing the College Park Denied Homeowners Group. The Assistant City Attorney reported his findings that no procedural error occurred in the Council's decision on May 3, 1976. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Councilwoman Smallwood abstaining, the request for rehearing was denied. Revenue The Clerk presented the next item concerning the Sharing allocation of Federal Revenue Sharing funds. Communications have been received as follows: Annabelle Quigley, 990 Oak Street, Costa Mesa, suggesting funds be made available towards a cul- tural center that would be owned by the City; Anita Grossman, 1959 Flamingo Drive, Costa Mesa, protesting allocation of funds to a private theatre group; Barbara Sloate, Whirl -A -Round Tours, 3848 Campus Drive, Suite 101, Newport Beach, in support of South Coast Repertory Theatre; and Ann Mound, also in support of the aforementioned theatre. The City Manager presented the following list of projects to be considered for Federal Revenue Sharing funds, some of which have been previously approved--: (1) Fire Station Phase II - Downtown, $150,000.00 - approved May 17, 1976; (2) Street Maintenance Phase V, $225,000.00 - approved May 17, 1976; (3) Social Pro- grams, $75,000.00 - approved May 17, 1976; (4) South Coast Repertory Theatre - capital expenditure, $250,000.00; (5) Bear Street Extension - public transportation, $150,000.00; (6) Lighting of Four Ball Diamonds - recreation, $60,000.00; (7) Downtown Circu- lation Study - transportation, $80,000.00; (8).Breathing System for Fire Department - public safety, $30,000.00; and (9) Police Mini -computer - public service, $89,000.00, for a total of $1,109,000.00. The following citizens spoke in support of the proposed allocation to South Coast Repertory Theatre: Joan Margol, 1796 Kingley Court, Costa Mesa, representing the Goals and Objectives Committee; Russell Millar, 223 Wellesley Lane, Costa Mesa; Don Bull, 397 Princeton Drive, Costa Mesa; Maureen DiDomenico, 941 Coronado Drive, Costa Mesa; Carrol Martin, 1824 West Oceanfront, Newport Beach; and Ann Mound, 3128 Country Club Drive, Costa Mesa. Stewart Woodard, 3709 Ocean Boulevard, Newport Beach, President of the Board of Trustees of South Coast Repertory, spoke of the benefits this venture will bring to the City 'of Costa Mesa, both culturally and financially. The following citizens spoke in support of the Costa Mesa Civic Playhouse and urged the City to assist this group, in any way possible: Annabelle Quigley, 990 OakeStreet, Costa Mesa; Erleen Holliday, 7795 Ronald Drive, Huntington Beach; Shirley Dillon, 931 Presidio Drive, Costa Mesa; and Trudy Ohlig. Jim Meehan, 3147 Country Club Drive, Costa Mesa, spoke in opposition to allocating funds to SCR. Alvin Hutchison, 2281 Fordham Drive, Costa Mesa, expressed concern over the use of language in a recent SCR production. After Council discussion, on motion by Councilwoman Hertzog, seconded by Councilwoman Small- wood, the allocation of Federal Revenue Sharing funds was approved as presented, in the total amount of $1,109,000.00, 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, it was stipulated that.the allocation of $250,000.00 to South Coast Repertory Theatre is for capital improvement expenditure only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 3, a request from Robert W. Gragg, for a rehearing of ZE-76-72; and Item 6, an entertainment permit request from Fettucini's. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, 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 Information A letter from Jack Polans, 2864 Royal Palm Drive, Costa Requests from Mesa, questioning the availability of information from Staff City employees, was received and processed. Development of A letter from Lam Cheong Kwong, 300 1/2 Marine Avenue, Sterling Avenue Balboa, requesting the City to abandon plans to develop Sterling Avenue into a 60 -foot street, was referred to the Planning Commission. Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Public Utilities Order from the Public Utilities Commission Commission denying rehearing and amending Decision 85497, regarding all electric public utilities in the State. Public Utilities Commission Notice of Filing of Application No. 56471, Southern California Gas Company and Pacific Lighting Service Company for authorization to continue to submit new and/or revised gas exploration and development projects for an additional three-year period as author- ized in the Gas Exploration and Development (GEDA) Procedure approved by the Commission in Decision No. 81898, Application No. 53625, issued on September 25, 1973. Local Agency Resolution from the Local Agency Formation Com - Formation mission approving Engineer's No. 163 Annexation Commission to the Costa Mesa Sanitary District, said terri- tory being the south side of Sunflower Avenue, east of Hyland Avenue, in the northwest City limits. Orange County Letter from Robert Peterson, Superintendent of Department of the Orange County Department of Education, com- Education mending the City of Costa Mesa for proclaiming May 28, 1976, as Red, White and Blue Day and Bicentennial Day. Assembly Letter from Robert H. Burke,. Assemblyman, 73rd Bill 2752 District,'acknowledging receipt of Resolution OCTD No.-.76-60,:in support of Assembly Bill 2752, regarding the Orange County Transit District. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Plan - Licenses ning Department from: Judy June Susak, doing business as The Sandwich Express, 3001 Red Hill Avenue, Building 1, Suite 108; Mesa Verde Country Club, 3000 Clubhouse Road; Joe K. Rowe, doing business as The Reef, 820 West 19th Street; Chalon Adventures, Incorporated, doing business at 725 Baker Street; Vendome Stores, Incorporated, doing business as Save Most Store, 841 Baker Street; Mesa Verde Country Club, 3000 Clubhouse Road; and Charles E. Amash, doing business as Charley's Restaurant, 2956 Bristol Street. An Original on -sale beer and wine license from Orris E. Boyde, 2372 Newport Boulevard, has End - been pr•.d.tested by the Costa Mesa Planning Reading Folder Department because of insufficient parking. Business Permit A request from Q. M. Foods, Incorporated, 94th Aero Applications Squadron, 3180 Airway Avenue, Costa Mesa, for an entertainment permit at that address, was approved Q. M. Foods subject to one condition as recommended by.the Revenue Supervisor. Jaws From the meeting of April 5, 1976, a request from Jaws, Incorporated, 2285 Newport Boulevard, Costa Held Over Mesa, for an entertainment permit at that address, was continued to the meeting of June 21, 1976, at 6:30 p.m. Set for Public The following items were set for public hearing on Hearing June 21, 1976, at. 6:30 p.m., in the Council Chambers of City Hall: Consideration of Consideration of various land use options Various Land Use (possible general plan amendments or rezones) Options for the following Mobile Home Parks: Island View, 1660 Whittier Avenue; Orange Coast, 1684 Whittier Avenue; Playport, 903 West 17th Street; Greenleaf, 1750 Whittier Avenue; and Vista Verde, 1741 Pomona Avenue. An Environ- mental Impact Report has been filed. R-76-22 Rezone Petition R-76-22, Richard A. Sewell, Sewell 136 Rochester Street, Costa Mesa, for permis- sion to rezone property located at 161 East 18th Street, from Cl to R4. The California Environmental Quality Act requirements have been met by the Environmental Impact Reports for downtown redevelopment and central area plans. Final Development Amendment to Final Development Plan, Properties Plan - Properties West, Incorporated (designated ZE=75-47A), 3345 West Newport Boulevard, Newport Beach, to allow division of a 24 -unit apartment project for condominium purposes in a PDR MD zone, located at 2159 Canyon Drive. An Exempt Declaration of Environmental Impact has been filed. Intention to A request from Donald F. Downing, 135 Cecil Place, Abandon Excess Costa Mesa, to abandon excess right-of-way, was Right -of -Way presented. On motion by Vice Mayor Hammett, seconded 1 1 1 1 1 by Councilman McFarland, Resolution 76-74, being A Resolution 76-74. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Hearing Set MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF EXCESS RIGHT-OF-WAY IN PORTIONS OF LOTS 79 AND 80 OF TRACT 300, LOCATED IN THE GENERAL AREA BET14EEN ELDEN AND ORANGE AVENUES AND MONTE VISTA AND DEL MAR AVENUES, setting the public hearing July 6, 1976, at 6:30 p.m., was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Refunds On recommendation by the Director of Building Safety, refund of $206.55 to Robert B., Joyce, 2078-B Wallace Joyce Avenue, Costa Mesa, representing 85 percent of fee for Building Permit No. 41272, as project located at 688 West Wilson Street has been cancelled, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Joyce On recommendation by the Director of Planning, refund of $642.64 park fee to Robert B. Joyce, 2078-B Wallace Street, Costa Mesa, as project located at 688 West Wilson Street has been cancelled, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None .ABSENT: Council Members: None Spivey On recommendation by the Revenue Supervisor, a refund of $10.00 to James D. Spivey, 5751 Sunmist Drive, Yorba Linda, on Business License No. 9688, paid in error for property outside the City limits, was approved by the following roll call vote: AYES:` Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Douglas On recommendation by the Revenue Supervisor, a refund of $10.00 to Fred B. Douglas, 267 16th Place, Costa Mesa, on Business License No. 9329, 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: Deborah L. Kolar, Lisa Kolar, and Jennifer Kolar; and Attorney William F. McDonald on behalf of Delbert D. Jackson. Tracts 7557 The improvements in Tract 7557, 115 lots; Tract 7557, and 7718 model site improvements; and Tract 7718, 194 lots, Improvements - located south of Sunflower Avenue, west of Bear Larwin Southern Street, and north of South.Coast Drive, have been California completed by Larwin Southern California, Incorporated, 9100 Wilshire Boulevard, Beverly Hills, to the satis- faction of the Director of Public Services. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, 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 Notice of The Placentia Avenue widening from 19th Street to Completion Victoria Street has been completed by Blystone Placentia Avenue Company, Post Office Box 6589, Orange, to the Widening satisfaction of the Director of 'Public Services. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, 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 follow- ing roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Notice of The construction of the Harbor Boulevard and Baker Completion Street Right -Turn Pocket has been completed by Smith Harbor Boulevard Electric Company, 10792 Knott Avenue, Stanton, to and Baker Street the satisfaction of the Director of Public Services. Right -Turn Pocket On motion by Vice Mayor Hammett, seconded by Council- man McFarland, 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 Notice of The construction of the Tennis Pro Shop at TeWinkle Completion Park, Project No. 75-11-5-L.S., has been completed Tennis Pro Shop by Ken Smith, Contractor, 359 San Miguel Drive, TeWinkle Park Newport Beach, to the satisfaction of the Director of Leisure Services. On motion by Vice.Mayor Hammett, seconded by Councilman McFarland, 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 Notice of The installation of Traffic Signals and Safety Light - Completion ing at Baker and Babb Streets has been completed by Traffic Signals C. T. & F., Incorporated, 6853 Live Oak Street, Bell and Safety Gardens, to the satisfaction of the Director of Public Lighting on Services. On motion by Vice Mayor Hammett, seconded Baker and Babb by Councilman McFarland, the work was accepted, the Streets 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: a 1 1 AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement with the Orange County Transit District OCTD for the construction of two bus shelters on 19th Bid Item 309 Bids received for Bid Item 309, Sign Face Material, are by Vice Mayor Hammett, seconded by Councilman Sign Face on file in the.Clerk's office. On motion by Vice Mayor Material Hammett, seconded by Councilman McFarland, the bid was by the following roll call vote: Awarded awarded to be split between Minnesota Mining and Manu - facturing Company, 3M Center Building 223-3N; St. Paul, Minnesota Mining Minnesota, and Safeway Sign Company, 1314 West 134th Smallwood and Street, Gardena, for a total amount of $6,099.50, being Safeway Sign the lowest bids meeting specifications, by the follow- The Director of Public Services recommended a Maintenance ing roll call vote: Maintenance, Incorporated, with increases in the AYES: Council Members: Raciti, Hammett, rates charged for specific items amounting to Hertzog, McFarland, by Vice Mayor Hammett, seconded by Councilman Smallwood McFarland, the recommended increases were approved NOES: Council Members: None AYES: Council Members: Raciti, Hammett, ABSENT: Council Members: None Hertzog, McFarland, Survey Work - Proposals have been received by the City Engineer for Victoria Street the .preliminary and topographic survey work for the ABSENT: Council Members: None Widening Victoria Street Widening, from the Santa Ana River to Freeway Councilman McFarland, Resolution 76-70, being A Canyon Drive. On motion by Vice Mayor Hammett, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Awarded seconded by Councilman McFarland, the project was Protesting Delay R. J. and R. R. awarded to R. J. and R. R. Toal, Incorporated, 139 was adopted by the following roll call vote: Toal, Incorporated Avenida Navarro, San Clemente, in the amount of $5,000.00, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement with the Orange County Transit District OCTD for the construction of two bus shelters on 19th Street at Pomona Avenue, was presented.. On motion Bus Shelters by Vice Mayor Hammett, seconded by Councilman McFarland, 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 Traffic Signal The Director of Public Services recommended a Maintenance continuation of the present contract with Signal Maintenance, Incorporated, with increases in the rates charged for specific items amounting to approximately $1,400.00 for the year. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the recommended increases were approved by the following roll call vote: - AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Corona del Mar On motion by Vice Mayor Hammett, seconded by Freeway Councilman McFarland, Resolution 76-70, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Resolution 76-70 MESA, CALIFORNIA PROTESTING RECOMMENDED DELAY OF Protesting Delay CONSTRUCTION OF THE CORONA DEL MAR FRONTAGE ROAD, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None A.H.F.P. On motion by Vice Mayor Hammett, seconded by Council - Requalification man McFarland, Resolution -76-71, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Resolution 76-71 CALIFORNIA, ESTABLISHING THE QUALIFICATION OF THE CITY OF COSTA MESA FOR PARTICIPATION IN THE ORANGE. COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Change Order On motion by Vice Mayor Hammett, seconded by Council - Fairview Road man McFarland, a -change order for an additional Widening Project expenditure of $10,100.00 to complete the required survey work for the Fairview Road Widening Project, was approved by .the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Accepting On motion by Vice Mayor Hammett, seconded by Council - Continuous Offer man McFarland, Resolution 76-72, being A RESOLUTION to Dedicate - OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, 19th Street CALIFORNIA, ACCEPTING A CONTINUOUS OFFER TO DEDICATE CERTAIN REAL PROPERTY, was adopted by the following Resolution 76-72 roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Request for Item 3 on the Consent Calendar, a request from Rehearing of Robert W. Gragg, for a rehearing of Zone Exception ZE-76-72 - ZE-76-72, which was denied by Council May 17, 1976, Gragg was presented. The applicant was present and spoke briefly concerning the request. On motion by Vice Referred to Mayor Hammett, seconded by Councilman McFarland, Planning and carried, the request was approved and the Commission application referred to the Planning Commission for a review of the revised plan. Business Permit Item 6 on the Consent Calendar, a request from Fettucini's Fettucini's; 2831 Bristol Street, Costa Mesa, for an entertainment permit at that address, was presented. The applicant was present and spoke briefly in support of the request. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the request was approved subject to condi- tions of the Planning and Finance Departments. Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 938 man McFarland, Warrant Resolution 938 was approved by the following roll call vote: AYES: Council Members: Raciti, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett I 1 I- I Warrant On motion by Vice Mayor Hammett, seconded by Council - Resolution 939 woman Hertzog, Warrant Resolution 939, including Coastal Payrolls 7610 and 7611, was approved by the following Legislation roll call vote: AYES: Council Members: Raciti, Hammett, Resolution 76-73 Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 940 man McFarland, Warrant Resolution 940 was approved by Retirement the following roll call vote: Committee AYES: Council Members: Raciti, Hammett, Appointment Hertzog, McFarland, Smallwood NOES: Council Members: None Agreement - ABSENT: Council Members: None Claim - Hickey The City Attorney presented the claim of Anne B. Hickey and recommended that it be denied as there was no lia- Denied bility on the part of the City. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the claim was denied. Senate Bill On motion by Councilwoman Smallwood, seconded by Vice No. 1579 - Mayor Hammett, Resolution 76-73, being A RESOLUTION OF Coastal THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Legislation URGING THE STATE LEGISLATURE TO ADOPT CERTAIN AMEND- MENTS TO SENATE BILL 1579 REGARDING COASTAL LEGISLATION, Resolution 76-73 was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Retirement On motion by Councilman McFarland, seconded by Council - Committee woman Hertzog, and carried, Dorothy Pickens was Appointment appointed to the Retirement Committee for a two-year term, expiring June 7, 1978, to represent the miscella- neous employees. Agreement - The City Manager presented an agreement with Marshall S. McGuire McGuire to purchase 6,120 square feet of land for the "Super Block", Parcel 2. The agreement stipulates the "Super Block" payment of $27,500.00, plus relocation costs and escrow costs in excess of $3,500.00, and for escrow to close June 10, 1976, or as soon thereafter as possible. On motion by Councilwoman Smallwood, seconded by Council- man McFarland, 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 Agreement - The City Manager presented an agreement with Crocker Crocker Bank National Bank for the Community Development Rehabili- tation Loan Program. This agreement would provide for Rehabilitation assistance for low-income owner -occupants of residen- Loan Program tial properties to make needed repairs or improvements. On motion by Councilwoman Hertzog, seconded by Council- woman Smallwood, 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 2 Public Hearing R-76-20 Janes Ordinance 76-28 First Reading Public Hearing R-76-21 Ordinance 76-29 First Reading The Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-76-20, Michael Janes, 17965 Skypark Circle, Suite F, Irvine,;for permission.to.rezone property located at 2644 Harla Avenue from Cl to R4 -CP, in conformance with the General Plan. The California Environmental Quality Act requirements have been met by the Negative Declaration of the Environmental Impact Report filed for General Plan Amendment GP -76-1D, which was accepted by Council on March 1, 1976. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval. George Alvarez, representing the applicant, was present to answer questions from the Council. Councilman McFarland indicated he was not in favor of the requested R4 zoning and would rather see the proposed project developed under R3 zoning. There being no other speakers, the Mayor closed the public hearing. On motion by Councilwoman�Smallwood, seconded by Vice Mayor Hammett, Ordinance.76-28, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING'THE ZONING OF PROPERTY LOCATED AT 2644 HARLA AVENUE, FROM Cl TO R4 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, Smallwood NOES: Council Members: McFarland ABSENT: Council Members: None The Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-76-21, Costa Mesa Planning Commission, for permis- sion to rezone property located at 2100 and 2130 Canyon Drive from Ml 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 Amend- ment GP -76-04A, accepted by Council on February 6, 1975. The affidavit of publication is on file in the Clerk's office. No communications have been received. Harry Otting, a property owner within the area to be rezoned, went on record to insist that his property remain Ml. Ed Riddle, 227 Ocean View. Avenue, Newport Beach, spoke in opposition to the request and questioned the Council's right to change zoning against property owners' wishes. The City Attorney cited for the record Government Code Sec- tions 65850 and 65851 which authorize the Council to act on zoning and land use matters. Councilwoman Hertzog asked how long the property within the rezoned area could remain as a nonconforming use, and the Planning Director responded that in this case it would be approximately 30 years. There being no other speakers, the Mayor closed the public hearing. After further discussion, on motion by Counclman McFarland, seconded by Councilwoman Smallwood, Ordinance 76-29, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY LOCATED IN -THE GENERAL AREA ON CANYON DRIVE BETWEEN HAMILTON AND VICTORIA STREETS, FROM M1 TO R2 -CP, was given first reading and passed to second . reading by the.following roll call vote: AYES: .Council Members: Hertzog, Smallwood, McFarland NOES: Council Members: Raciti, Hammett ABSENT: Council Members: None 1 1 1 C 1 1 Tentative Map The Clerk presented Tentative Map of Tract 8540, Jim of Tract 8540 Griset, 3404 Via Oporto, Suite 5A, Newport Beach, for - Griset permission to create a one -lot subdivision for con- dominium purposes in an R2 -CP zone, located at 229 West Wilson Street. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval subject to conditions. Jack Mather, 3306 Marcus Avenue, Newport Beach, represent- ing the applicant, agreed to the conditions. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog; 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. Councilman Councilman McFarland left the meeting briefly at this McFarland time and therefore did not participate in the follow - Leaves `ing motion. Tentative Map The Clerk presented Tentative Map of Tract 9384, of Tract 9384 Balalis and Pigneri Development, 2400 Coast Highway, - Balalis and Suite D, Newport Beach, for permission to create a Pigneri one -lot subdivision for condominium purposes, in an R2 zone located at 2424 and 2426 Santa Ana Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. The applicant, Paul Balalis, was present and agreed to the conditions. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hammett, and carried, Councilman McFarland absent, 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. Temporary The Clerk presented a request from Lorel A. Ungureanu, Trailer Permit 140 West Wilson Street, Apartment E-1, Costa Mesa, for Ungureanu permission to install a temporary office trailer on Newport Boulevard between Victoria Street and Fairview Denied Road, for a period.of three years. The Planning Department recommended denial. The applicant was present and answered questions from the Council. During the discussion which followed, concern was expressed by Councilwoman Hertzog regarding the access to this property which she considered to be both dif- ficult and hazardous. A motion by Vice Mayor Hammett, seconded by Mayor Raciti, to approve the request for one year, failed to carry, Council Members Hertzog, Smallwood, and McFarland voting no. Mr. W. A. Harting, 2170 Rural Lane, Costa Mesa, owner of the subject property, expressed his disagreement with the Council's decision. Vice Mayor Vice Mayor Hammett left the meeting briefly at this Hammett time and therefore did not participate in the follow - Leaves ing motion. ZE-76-38 The Director of Planning presented an application for Davis Zone Exception ZE-76-38, Paul.S. V. Davis, 1799 New- port Boulevard, Costa Mesa, for a variance to allow Held Over signs to exceed the standards of the Sign Ordinance, in a C2 zone located at that address. An Exempt Declaration of Environmental Impact has been filed. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett absent, this item was held over for two weeks to the meeting of June 21, 1976. 0 ZE-76-58 Figueroa Referred to Planning Commission The Director of Planning presented an application for Zone Exception ZE=76-58, Miguel Figueroa, 1009 Arbor Street, Costa -Mesa, -for a variance to allow a seven - foot encroachment into the required front yard, and a five-foot encroachment into the required side yard, for additions to an existing single-family home, located at that address, in an R1 zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications have been received. The applicant's representative indicated that Mr. Figueroa has now revised his request. Based on this information, Councilwoman Smallwood made a motion, seconded by Councilman McParland, and carried, to refer this application back to the Planning Commission for review of the revised plans. ZE-76-70 An application for Zone Exception ZE-76-70, Trade- - Tradewinds winds Marine, 1638 Placentia Avenue, Costa Mesa, for a Marine Conditional Use for outdoor storage and boat fiber - glassing, and a variance for reduction in the required number of parking spaces, located at that address in an MG zone, was presented. A Negative 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 Councilwoman,Smallwood, seconded by Councilman McFarland, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning. Commission. ZE-76-71 An application for Zone Exception ZE-76-71, S. Anthony Visconti Visconti, Post Office Box 1774, Rancho Santa Fe, for a Conditional Use to operate a car rental agency and a self-service gasoline station, located at 3499 Main Street in a C2 zone, was presented. An Exempt Declar- ation of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. The applicant was not present. On motion by Councilwoman Smallwood, 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. ZE-76-76 An application for Zone Exception ZE-76-76, Gene A. Palaferri Palaferri, 29362 Via Acaso, Laguna Niguel, for Condi- tional Use to construct an eight -unit apartment complex (2,143 square feet per unit), in an R3 -CP zone located at 1923 Pomona Avenue, was presented. 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 debated the relevancy of Condition -No. 14. After discussion, on motion by Vice Mayor Hammett, 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 conditions as recommended by the Planning Commission. Councilwoman Councilwoman Hertzog left the meeting at this point Hertzog Leaves and therefore did riot participate on the following three motions. 1 1 ZE-76-77 An application for Zone Exception ZE-76-77, John Harry Harrison Harrison, 944 Dahlia Avenue, Costa Mesa, for a variance to allow a swimming pool to encroach two feet into the required five-foot rear setback, in an Rl zone located at that address, was presented. An Exempt Declaration of Environmental Impact has been filed. No communica- tions have been received. The Planning Commission recommended approval. On motion by Vice Mayor Hammett, seconded by Councilman McParland, and carried, Council- woman Hertzog absent, 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-76-78 An application for Zone Exception ZE-76-78, Koll Ko11.Income Income Properties, Incorporated, 1901 Dove Street, Properties Newport Beach, for Conditional Use for an eating place in an industrial area, zoned MP, located at 3303 Harbor Boulevard, Unit B-10, was presented. An Exempt 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 Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Councilwoman Hertzog absent, 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-76-79 An application for Zone Exception ZE-76-79, American American Institute of Massage, 573 West 19th.Street, Costa Mesa, Institute for Conditional Use to allow a school of massage, and of Massage use of nine off-site parking stalls to meet parking Held Over requirements, in a C2 zone located at that address, was presented. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recom- mended denial: The Redevelopment Agency has not concluded their consideration of this application and therefore the Planning Director recommended it be held over. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Councilwoman Hertzog absent, this item was held over for two weeks to the meeting of June 21, 1976. ZE-76-80 An application for Zone Exception ZE-76-80, Frontier, Frontier, Incorporated, 2955 Airway Avenue, Costa Mesa, for a Incorporated Conditional Use for off -premise parking with a variance from landscape requirements, in an NP zone located at 2960 Airway Avenue, was presented. A Negative Declar- ation of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Edward Alderson, representing the applicant, was present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Councilwoman Hertzog abstaining, 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-76-84 An application for Zone Exception ZE-76-84, John Konwiser Konwiser, 4120 Birch Street, Suite 104, Newport Beach, for a variance to waive requirement for curbing between Denied landscaping and paved areas in newly -completed apart- ment development, in an R3 -CP zone located at 687 West 18th Street, was presented. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communication have been received. The applicant was present and answered questions from the Council. On motion by Councilwoman Smallwood, seconded by Councilman McParland, and carried, the application was denied as recommended by the Planning Commission. ZE-76-86 An application for Zone Exception ZE-76-86, Mark Burcaw, Burcaw 331 - 16th Place, Costa Mesa, for a variance to encroach into the required side yard setback to construct a room addition, in an R2 zone located at that address, was presented. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recom- mended approval subject to one condition. No communications have been received. The applicant was present and objected to the condition to construct sidewalks because_it would interfere with the palm trees on the property. The Assistant City Engineer indicated that the sidewalk could be designed to avoid removal of the trees. After discussion, 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 application approved with the condition recommended by the Planning Commission. ZE-76-87 An application for.Zone Exception ZE-76-87, Alan J. Gussin Gussin, 214 Cedar Street, Newport Beach, for a variance to construct a triplex with a three percent density deviation (2,925 square feet per unit), and a reduction in the maneuvering distance required within the parking area, to meet CP standards in an R2 -CP zone, located at 446 Hamilton Street, was presented. 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. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, 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-76-88 An application for Zone Exception ZE-76-88, Burgess/ Burgess/Williams Williams, 3955 Birch Street, Suite 202, Newport Beach, for Conditional Use to construct an 18 -unit apartment complex in compliance with the Victoria Street Specific Plan (SP -76-01), in an R2 -CP zone located at 314 and 324 Victoria Street, was presented. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for General Plan Amend- ment GP -76-1C which was accepted by Council on April 19, 1976. The Planning Commission recommended approval subject to conditions. No communications have been received. Brion Jeannette, 504 North Newport Boulevard, architect representing the applicant, was present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, the application was approved subject to conditions as recommended by the Planning Commission. ZE-76-89 An application for Zone Exception ZE-76-89, Burgess/ Burgess/Williams Williams, 3955 Birch Street, Suite 202, Newport Beach, for Conditional Use to construct an 18 -unit apartment complex in compliance with the Victoria Street Specific Plan (SP -76-01), in an R3 -CP zone located at 302 Victoria Street, was presented. The California Environ- mental Quality Act requirements have been met by the Environmental Impact Report for General Plan Amendment GP -76-1C which was accepted by Council on April 19, i C' i 1976. The Planning Commission recommended approval subject to conditions. No communications have been received. Brion Jeannette, representing the appli- cant, agreed to the conditions. On motion by Mayor Raciti, seconded by Councilman McFarland, and carried, the application was approved subject to conditions as recommended by the Planning Commission. ZE-76-90 An application for Zone Exception ZE-76-90, Alan Adams_' Adams, 15910 Ventura Boulevard, No. 800, Encino, for a variance from side yard setback requirements (five Referred to and ten feet required, zero feet shown), and parking Planning requirements, and Conditional Use Permit for con - Commission struction of 12 apartment units to meet CP standards in an R4 -CP zone, located at 1926 Wallace Avenue, was presented. A Negative Declaration of Environ- mental Impact has been filed. The Planning Commission recommended denial. The Planning Director reported that the applicant has substantially revised his request and therefore recommended this item be returned to the Planning Commission for review. On motion by Councilman McFarland, seconded by Council- woman Smallwood, this item was referred back to Planning Commission. Adjournment The Mayor declared the meeting adjourned at 11:40 p.m. ayor of t- c • ATTEST: Ci y Clerk of the City of'Co s esa