HomeMy WebLinkAbout07/06/1976 - City CouncilRoll Call
Minutes
June 21, 1976
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
July 6, 1976
The City Council of the City of Costa Mesa met in
regular session at 6:30 p.m., July 6, 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 Dr. Earl
Isbell, First United Methodist Church.
Council Members Present: Raciti,,Hammett, Hertzog,
McFarland, Smallwood
Council Members Absent: None
Officials Present:
City Manager, City
Attorney, Director of
Planning, Director of
Public Services/City
Engineer, City Clerk
The Mayor declared the Minutes of the regular
meeting of June 21, 1976, approved as distributed
and posted as there were no corrections.
Redevelopment
The Mayor announced the appointment of Dr. Tom
Agency
Nelson and Larry Courter to the Costa Mesa
Appointments
Redevelopment Agency for four-year terms
beginning July 1, 1976.
James W. Richey
On motion by Councilwoman Hertzog, seconded by Vice
Commended
Mayor Hammett, Resolution 76-78, being A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI-
Resolution 76-78
FORNIA, COMMENDING CAPTAIN JAMES W. RICHEY OF THE
COSTA MESA FIRE DEPARTMENT FOR HIS HEROIC EFFORTS
WHILE OFF DUTY WHICH RESULTED IN SAVING A MAN'S
LIFE, was adopted by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Lou Yantorn
On motion by Vice Mayor Hammett, seconded by
Commended
Councilman McFarland, Resolution 76-79, being A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
Resolution 76-79
MESA, CALIFORNIA, COMMENDING LOU YANTORN, DIRECTOR
OF THE BOYS' CLUB OF THE HARBOR AREA,,UPON HIS
RECEIPT OF THE BRONZE KEYSTONE AWARD, RECITING
REASONS THEREFOR, AND SETTING FORTH THE HISTORY
OF THE RECIPIENT IN BOYS' CLUB ACTIVITIES, was
adopted 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
Frontage Road Councilman McFarland, Resolution 76-80, being A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
Resolution 76-80 MESA, CALIFORNIA, EXPRESSING APPRECIATION TO THE
CALIFORNIA HIGHWAY COMMISSION AND STAFF FOR RESPOND-
ING TO THE CITY OF COSTA MESA'S RESOLUTION 76-70,
REGARDING THE CORONA DEL MAR FRONTAGE ROAD, was
adopted by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Raciti, Hammett,
Hertzog, McFarland,
Smallwood
None
None
Ordinances
On motion by Councilwoman Hertzog, seconded by
Councilman McFarland, and carried, all ordinances
will be read by title only.
1
Final Development
On motion by Councilman McFarland, seconded by
Plan - Properties
Councilwoman Smallwood, Ordinance 76-30, being AN
West
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, AMENDING ORDINANCE 75-46 CONCERN -
Ordinance 76-30
ING THE ADOPTION OF THE FINAL DEVELOPMENT PLAN OF
Adopted
PROPERTIES WEST, INCORPORATED, FOR THE PLANNED
DEVELOPMENT LOCATED AT 2159 CANYON DRIVE, COSTA
MESA, CALIFORNIA, 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-76-22
On motion by Councilwoman Smallwood, seconded by
Sewell
Councilwoman Hertzog, Ordinance 76-31, being AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
Ordinance 76-31
MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 122
Adopted
OF NEWPORT HEIGHTS FROM Cl TO 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
Business Permit
The Clerk presented from the meeting of June 21,
- Jaws
1976, business permit application from Jaws,
Incorporated, 2285 Newport Boulevard, Costa Mesa,
Held Over
for an entertainment permit at that address. On
motion by Councilman McFarland, seconded by
Councilwoman Hertzog, and carried, this item was
continued to the meeting of July 19, 1976.
ZE-76-38
The Clerk presented from the meeting of June 21,
Davis
1976, an application for Zone Exception ZE-76-38,
Paul S. Davis, 1799 Newport Boulevard, Costa Mesa,
Denied
for a variance to allow wall 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. Brion
Jeannette, architect for Mr. Davis, presented
slides and.photographs for the'purpose of compar-
ing the sign for Licorice Pizza, 1813 Newport
Boulevard, with their own sign. Mr. Davis
elaborated further on the comparison. After
discussion, it was decided that the Licorice Pizza
sign had no bearing on this application. On
motion by Councilman McFarland, seconded by
Councilwoman Smallwood, and carried, the applica-
tion was denied as it does not meet the standards
prescribed by the Sign Ordinance.
ZE-76-79 The Clerk presented from the meeting of June 21,
American 1976, an application for Zone Exception ZE-76-79,
Institute American Institute of Massage, 573 West 19th Street,
of Massage Costa Mesa, for conditional use to allow a school
11
of massage, and use of nine off-site parking stalls
Denied to meet parking requirements, in a C2 zone located
at that address. The applicant was not present.
On motion by Councilwoman Hertzog, seconded by
Councilwoman Smallwood, and carried,. the application
was denied.
Request for The Clerk presented a request from Paul D. Schwartz,
Rehearing of 1607 Orange Avenue., Costa Mesa, for a rehearing of
ZE-76-68 Zone Exception ZE-76-68, Hanson, which was approved
by Council on June 7, 1976. Mr. Schwartz briefly
Schwartz described how this zone exception affected his
property next door. On motion by Councilwoman
Denied Smallwood, seconded by Councilman McFarland, and
carried, the request was denied.
CONSENT CALENDAR. The following items were removed
from the Consent Calendar: Item 1, a request from
the Girls Club of the Harbor Area for the legaliza-
tion of Bingo; and Item 4, Final Environmental
Impact Report for General Plan Amendment GP -76-2A.
On motion by Councilman McFarland, seconded by
Councilwoman 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:
Dog License Letter from Mr. R. C. Geiss, 2701 Cardinal
Fees Drive, Costa Mesa, protesting the increase
in dog license fees and the current method
of enforcing licensing requirements.
Public Letter from the Southern California Edison
Utilities Company enclosing a Notice of Hearing before
Commission the Public Utilities Commission of their
application for review and consideration of
time -of -day pricing tariffs pursuant to
order in Decision No. 8559, Case No. 9804.
Commission Decision No. 85951, regarding
the investigation on the Commission's own
motion into the planning, construction,
operations, practices, aesthetics, and
economics of overhead and underground trans-
mission facilities of all electric public
utilities in the State of California.
Local Agency Resolution from the Local Agency Formation
Formation Commission adopting the Negative Declara-
Commission tion which would include all of the City of
Costa Mesa, and approving a Sphere of
Influence for the Costa Mesa Sanitary
District.
Notice from the Local Agency Formation
Commission that determination will be made
on the proposed annexation to the Costa
Mesa Sanitary District, designated
Engineer's No. 164 Annexation, in the general
area south of Paularino Avenue, east of Babb
Street, on July 14, 1976, at 2:00 p.m., in
Room 503, 515 North Sycamore Street, Santa
Ana.
1
Southern Letter from the Southern California Gas
California Company regarding Notice of Proposed Rate
Gas Company Change and public hearings to be held at
10:00 a.m., June 21, 1976.
Corona del Mar Letter from the State of California Highway
Freeway Commission acknowledging receipt of Costa
Mesa Resolution No. 76-70, supporting the
speedy completion of the Corona del Mar
Freeway.
Resolution from the City of Irvine urging
the State Highway Commission to continue
improvements to the Corona del Mar Freeway.
Similar Resolution No. 76-70 was adopted
by the Costa Mesa City Council on June 7,
1976.
Water District Letter from the Costa Mesa County Water
District advising that the report made by
their consultants has been presented to
the Citizens Committee looking into the
matter of consolidation, and offering to
make presentation to City personnel for
the second time.
Alcoholic Beverage
License
End -
Reading Folder
Set for Public
Hearing
Alcoholic Beverage License application for
which parking has been approved by Planning
from: S. W._& B. Industries, Incorporated,
doing business at 877 West 19th Street.
The following items were set for public hearing on
the dates indicated, at 6:30 p.m., in the Council
Chambers of City Hall:
GP -76-2A General Plan Amendment GP -76-2A, George L.
Argyros Argyros, 1651 East Fourth Street, Suite
August 2, 1976 150, Santa Ana, for permission to amend
the land use designation of property
located north of the San Diego Freeway,
west of Bear Street, and south of South
Coast Drive, from public and semi-public
use to High Density Residential and
Neighborhood Commercial.
Kwong Amendment to Specific Plan, requested by
July 19, 1976 Lam Cheong Kwong, 300-1/2 Marine Avenue,
Balboa Island, to reduce Sterling Avenue
from a 60 -foot street to a 30 -foot alley,
located between West 19th Street and
Hamilton Avenue, and Wallace Avenue and
Pomona Avenue. An Exempt Declaration of
Environmental Impact has been filed.
R-76-24 Rezone Petition R-76-24, Costa Mesa Planning
July 19, 1976 Commission, for permission to rezone property
located at 77 Fair Drive, from C2 to I and R,
in conformance with the General Plan. A
Negative Declaration of Environmental Impact
has been filed.
R-76-25 Rezone Petition R-76-25, James H. Gregory,
Gregory 1919 Newport Boulevard, Costa Mesa, for
July 19, 1976 permission to rezone property located at the
northwest corner of Valley Road and Hamilton
Street from M1 to R2 -CP, in conformance with
the General Plan. The California Environ-
mental Quality Act requirements have been
met by the Environmental Impact Report for
GP -74-04A, accepted by Council on April 15,
1975.
315..
Refunds
On recommendation by the Revenue Supervisor, a
refund of $45.00 to Western Union, 771 West 19th
Western Union
Street, Costa Mesa, on Business License 10380,
representing a duplicate payment, was approved
by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Subnich
On recommendation by the Revenue Supervisor, a
refund of $10.00 to Howard D. Subnich Imports, 771
West 19th Street, Costa Mesa, on Business License
10381, representing a duplicate payment, was
approved by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Estancia
On recommendation by the Revenue Supervisor, a
High School
refund of $15.00 to Estancia High School Booster
Club, in care of John O'Brien, 1920 Lanai Drive,
Costa Mesa, on Receipt No. 13242, for a fireworks
permit, 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: Attorney
Michael D. Pursell on behalf of 'George Russell and
Etta Stecker; Neil Beatty; and Kevin Corcoran.
Agreement - A renewal of the library agreement between the City
Santa Ana and the Santa Ana College Foundation for use of
College films, was approved in the amount of $95.00 for a
Foundation period of one year, and the Mayor and Clerk were
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 - A request to enter into an agreement with Richard
Monahan Monahan, Systems Analyst, for professional consult-
ing services and training assistance for Fire
Systems Analyst Incident and Prevention Systems, in the amount of
$4,900.00, was approved 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 Development of
Development Tanager Park, Phase II, are on file in the Clerk's
of Tanager office. OnImotion by Councilman McFarland,
Park - Phase II seconded by Councilwoman Hertzog, the constract
was awarded to Plaza Landscape, 1620 North Main
Awarded Street, Orange, in the amount of $183,991.87, being
Plaza the lowest bid meeting specifications, by the fol -
Landscape lowing roll call vote:
317
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Park Center
Bids received for the Landscape and Irrigation of
Drive Median
Park Center Drive Median Strip are on file in the
Strip
Clerk's office. On motion by Councilman McFarland,
Awarded
seconded by Councilwoman Hertzog, the contract was
awarded to R. W. Daniels Landscape Contracting, 637
R. W. Daniels
West Taft Avenue, Orange, in the amount of $7,578.15,
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
Notice of
The construction of Fullerton Avenue Extension, 20th
Completion
Street to Melody Lane, has been completed by A. M.
Fullerton
Paving Company, 10727 Leland Avenue, Whittier, to
Avenue
the satisfaction of the Director of Public Services.
Extension
On motion by Councilman McFarland, 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 date 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
Landscaping of Harbor Boulevard from Gisler Avenue
Completion
to Baker Street, has been completed by Negev
Harbor
Developers, Post Office Box 2319, Costa Mesa, to
Boulevard
the satisfaction of the Director of Leisure Services.
Landscaping
On motion by Councilman McFarland, 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 date 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
Landscaping of Sunflower Avenue from Bristol Street
Completion
to Bear Street, has been completed by S. R. Land -
Sunflower
scape Company, 3929 Long Beach Boulevard, Long
Avenue
Beach, to the satisfaction of the Director of
Landscaping
Leisure Services. On motion.by Councilman McFar-
land, 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 date 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 Landscape Development of Wakeham Park has been
Completion completed by Sharecroppers, 1501 West Taft Avenue,
Wakeham Park Orange, to the satisfaction of the Director of
Landscaping Leisure Services. On -motion by Councilman McFar-
3.
land, 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 date ,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
Final Map of
On motion by Councilman McFarland, seconded by
Tract 8072 -
Councilwoman Hertzog, Final Map of Tract 8072, Don
Don Koll
Koll Company, 1901 Dover Street, Newport Beach,
developer, 30 lots, being a portion of Lot 134,
Block 7, of the Irvine Subdivision, and located at
the southeast corner of Red Hill Avenue and Airport
Loop Drive; and a Subdivision Agreement in connec-
tion therewith, was approved; the Council did
accept on behalf of the public the Offer of Dedica-
tion for street purposes: Red Hill Avenue; and did
accept on behalf of the City all vehicular access
rights to Red Hill Avenue from Lot 31, and the
Mayor and Clerk were authorized to sign said docu-
ments 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 -
A new agreement was presented between the City and
County of Orange
the County of Orange for soil and material testing
services to be effective through June 30, 1977, and
Soil Testing
automatically renewed yearly, unless terminated as
Services
provided for in said Agreement. On motion by
Councilman McFarland, seconded by Councilwoman
Hertzog, the agreement was approved, and the Mayor
and Clerk were authorized to sign on behalf of the
City, by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Agreement -
An agreement was presented between the City and the
County of Orange
County of Orange setting forth requirements for sub-
division maps, pursuant to Section 664.42 et seq.,
Map Checking
Government Code, to be effective through June 30,
Services
1977, to be automatically renewed yearly, unless
terminated as provided for in said Agreement. On
motion by Councilman McFarland, seconded by Council-
woman Hertzog, the agreement was approved, and the
Mayor and Clerk were authorized to sign on behalf of
the City, by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Legalization Item 1 on the Consent Calendar, a request from the
of Bingo Girls Club of the Harbor Area, 1815 Anaheim Avenue,
Costa Mesa, for the legalization of Bingo as pro -
Referred to vided by Assembly Bill No. 144, was presented. After
City Attorney discussion, on motion by Vice Mayor Hammett, seconded
by Councilwoman Hertzog, and carried, this item was
referred to the City Attorney for rough drafting
of an ordinance to legalize Bingo for all
charitable organizations, based upon the criteria
established by the State of California.
EIR for Item 4 on the Consent Calendar, Final Environmental
GP -76-2A Impact Report for General Plan Amendment GP -76-2A,
to allow a 31 -acre high density apartment develop -
Hearing Set ment and 7 -acre commercial center, at the southwest
corner of Bear Street and South Coast Drive. After
discussion, on motion by Councilman McFarland,
seconded by Councilwoman Smallwood, and carried,
this item was set for public hearing on August 2,
1976, at 6:30 p.m., in the Council Chambers of City
Hall.
Warrant On motion by Councilwoman Hertzog, seconded by
Resolution 943 Councilman McFarland, Warrant Resolution 943,
including Payroll 7613, was approved by the
following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Warrant On motion by Councilman McFarland, seconded by
Resolution 944 Councilwoman Hertzog, Warrant Resolution 944 was
approved by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Claim - The City Attorney presented the claim of State
R and J Imports Farm Insurance on behalf of R and J Imports, and
recommended that it be denied as there was no
Denied liability on the part of the City. On motion by
Councilwoman Smallwood, seconded by Councilwoman
Hertzog, and carried, the claim was denied.
Agreement -
The City Manager presented the renewal of an
Orange County
agreement between the City and the County of
Animal Shelter
Orange for Animal Shelter Services for a one-year
Services
period, beginning July 1, 1976. On motion by
Councilman McFarland, seconded by Councilwoman
Hertzog, the agreement was approved in the amount
of approximately $15,000.00, and the Mayor and
Clerk were 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
Orange County
The City Manager presented the new fee schedule
Animal Shelter
for services under the above agreement, identical
Fee Schedule
to that which the County recently adopted. On
motion by Councilman McFarland, seconded by '
Councilwoman Hertzog, the new fee schedule was
approved by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Animal Control
Ordinance
Amendment -
Urgency
Ordinance 76-32
Adopted
On motion by Councilman McFarland, seconded by
Councilwoman Hertzog, Ordinance 76-32, being AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA AMENDING SECTIONS 3-51, 3-53, AND
3-54 OF TITLE THREE OF THE COSTA MESA MUNICIPAL
CODE CONCERNING IMPOUNDMENT FEES AND PROCEDURES OF
DOGS, ANIMALS, BIRDS, OR REPTILES; AND SETTING
FORTH REASONS FOR THE URGENCY,. was adopted by the
following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Purchase
The City Manager presented an agreement between the
Agreement
City and the National Cash Register Company for the
for NCR
purchase of a Century 201 computer at a total price
Computer
of $317,480.00, $134,393.00 of which represents
accrued rental credits, resulting in a net purchase
price of $183,087.00. Purchase of this upgraded
computer will result in increased efficiency and a
savings of over $70,000.00 per year. On motion by
Councilwoman Smallwood, seconded by Councilman
McFarland, the agreement was approved, and the City
Manager authorized to sign on behalf of the City, by
the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Water District
The City Manager presented a report on the Water
Property
District property located at the southwest corner
of Fair Drive and Vanguard Way. The property consists
of 2.4 acres and has been appraised at approximately
$300,000.00. It was felt that this price was not in
keeping with the City's proposed use for the property.
On motion by Councilman McFarland, seconded by Council-
woman Smallwood, and carried, the City Manager was
authorized to negotiate with the Water District, after
which further consideration will be given by Council
for the purchase of said property.
Contribution
The City Manager presented a request from the Orange
for Vietnamese
County Human Relations Commission for a $300.00 con -
Brochure
tribution representing the City's fair share of costs
for publication of an informational brochure in
Vietnamese dialect. On motion by Councilwoman Small-
wood, seconded by Councilwoman Hertzog, the request
was approved by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Housing and
The City Manager presented a request from the Housing
Community
and Community Development Committee that the archi-
Development
tectural firm of Robert and Sinee Coles serve as
exclusive agents for design, construction, ownership,
and management of the City's senior citizens housing
project. Funds included in the City's second year
HCDA grant will be utilized to acquire land needed for
this purpose. On motion by Councilwoman Hertzog,
seconded by Councilwoman Smallwood, the.City Manager
was authorized to proceed with contract negotiations,
by the following roll call vote:
1
1
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Housing and The City Manager presented a recommendation from
Community the Housing and Community Development Committee
Development that David Lorenzini be appointed as an alternate
Committee member of the Committee, representing the Planning
Appointment Commission, since Clarence Clarke is unable to
attend on a regular basis. On motion by Council-
woman Hertzog, seconded by Councilwoman Smallwood,
and carried, the appointment was approved.
Adding Cash
Orange County
The City Manager presented a request from the
concerning the City's self-insurance fund. On motion
Fair Housing
Housing and Community Development Committee for
Fund
Council
authorization to use $12,000.00 of the City's first
CITY COUNCIL OF THE CITY OF COSTA MESA ADDING A
Denied
year HCDA grant (contingency funds) to contribute to
the Orange County Fair Housing Council. Leon Peters,
Ordinance 76-33
ESTABLISHED BY RESOLUTION NUMBER 76-7 AND STATING
representing the Fair Housing Council, outlined the
REASONS THEREFOR AND DESIGNATING SAID ORDINANCE AS
functions of the Council and their activities within
call vote:
the City. After discussion, on motion by Vice Mayor
AYES: Council Members: Raciti, Hammett,
Hammett, seconded by Councilman McFarland, the
Smallwood
request was denied by the following roll call vote:
NOES: Council Members: None
AYES: Council Members: Raciti, Hammett,
Agreement -
On motion by Councilman McFarland, seconded by
Smallwood, McFarland
Councilwoman Smallwood, a professional services
NOES: Council Members: Hertzog
Claim Services
R. L. Kautz and Company, 1800 Avenue of the Stars,
ABSENT: Council Members: None
Housing and The City Manager presented a recommendation from
Community the Housing and Community Development Committee
Development that David Lorenzini be appointed as an alternate
Committee member of the Committee, representing the Planning
Appointment Commission, since Clarence Clarke is unable to
attend on a regular basis. On motion by Council-
woman Hertzog, seconded by Councilwoman Smallwood,
and carried, the appointment was approved.
Adding Cash
The City Manager presented a proposed ordinance
Reserve to
concerning the City's self-insurance fund. On motion
Self -Insurance
by Councilman McFarland, seconded by Councilwoman
Fund
Smallwood, Ordinance 76-33, being AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA ADDING A
Urgency
$125,000.00 CASH RESERVE TO THE SELF-INSURANCE FUND
Ordinance 76-33
ESTABLISHED BY RESOLUTION NUMBER 76-7 AND STATING
Adopted
REASONS THEREFOR AND DESIGNATING SAID ORDINANCE AS
AN URGENCY MEASURE, was adopted by the following roll
call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Agreement -
On motion by Councilman McFarland, seconded by
R. L. Kautz
Councilwoman Smallwood, a professional services
contract.for claim services between the City and
Claim Services
R. L. Kautz and Company, 1800 Avenue of the Stars,
Los Angeles, for an annual fee of $6,000.00,was
approved 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
Westside
place set for the public hearing, continued from_
Community
the meeting of June 21, 1976, for Issue P2 of the
Plan
Westside Community Plan, a General Plan Amendment
Issue P2
to include all of the property located on the east
side of Charle Street bounded by Hamilton Street,
Held Over
Bernard Street, and Harbor Boulevard. Miles Soskin,
Vice President of J and J Mufflers, 1054 South
LaBrea Street, Inglewood, and owner of property at
2007 Harbor Boulevard extending to Charle Street,
spoke in favor of retain the C2 zoning. A letter
was received from Milliam T. Miller, 1633 Cornwall
Lane, Newport Beach, owner of property at 2020 and
2024 Charle Street, requesting that the public
hearing be continued for two weeks. On motion by
Vice Mayor Hammett, seconded by Councilman McFar-
land, and carried, the public hearing was continued
to the meeting of July 19, 1976.
Issue S1
Also presented was the public hearing, continued
19th Street
from the meeting of June 21, 1976, for Issue S1 of
Transition
the Land Use Element, known as the 19th Street
Zone
Transition Zone, located on the north side of 19th
Street, west of Federal Avenue. Robert Laho, 914
West 19th Street, Costa Mesa, asked that the records
be checked to be certain that the property in ques-
tion is CR and.not R1. Mrs. Coleman, owner of The
Rock Shop, 930 West 19th Street, spoke in favor of
retaining the transition zone. Ernie Skeen, 924
West 19th Street, asked if the Council was aware of
the circulation problems in this area and suggested
that solving of these problems should indicate
clearly what the future zoning should be. He also
asked for a clearer explanation of the mechanics of
the amortization program being considered. There
being no other speakers, the Mayor closed the public
hearing. After further discussion, Councilwoman' -
Smallwood expressed concern at retaining the transi-
tional zone for an undetermined period of time. On
motion by Vice Mayor Hammett, seconded by Council-
woman Hertzog, and carried, Council Members
Smallwood and McFarland voting no, the Planning
Commission decision was approved and the 19th Street
transition zone is to remain unchanged.
Councilman
Councilman McFarland left the meeting at 8:25 p.m.
McFarland Leaves
and returned at 8:30 p.m.
Public Hearing
The Clerk announced that this was the time and place
Street Name
set for the public hearing for the proposed street
Changes
name changes of "S" Street to Pinecreek Drive, and
Warehouse Road to Village Way. The affidavit of
publication is on file in the Clerk's office. No
communications have been received. There being no
speakers, the Mayor closed the public hearing. On
motion by Councilwoman Hertzog, seconded by Council -
Resolution 76-81
woman Smallwood, Resolution 76-81, being A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI-
FORNIA, CHANGING THE NAME OF "S" STREET TO PINECREEK
DRIVE, AND CHANGING THE NAME OF WAREHOUSE ROAD TO
VILLAGE WAY, was adopted by the following roll call
vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Public Hearing
The Clerk announced that this was the time and place_
Abandonment
set for the public hearing for the proposed abandon -
of Excess
ment of excess right-of-way between Elden and Orange
Right -of -Way
Avenues, and Monte Vista and Del Mar Avenues,
- Downing
requested by D. F. Downing, 135 Cecil Place, Costa
Mesa. A Negative Declaration of Environmental
Impact has been filed. The affidavits of publishing
and posting are on file in the Clerk's office. No
communications have been received. There being no
speakers, the Mayor closed the public hearing. On
motion by Councilwoman Hertzog, seconded by Council-
woman Smallwood, the Negative Declaration of
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Environmental Impact was accepted as meeting the
Resolution 76-82 requirements of the law, and Resolution 76-82,
Ordering being A RESOLUTION OF THE CITY COUNCIL OF THE CITY
Abandonment OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION
OF AN EXCESS RIGHT-OF-WAY IN PORTIONS OF LOTS 79
AND 80 OF TRACT 300, LOCATED IN THE GENERAL AREA
BETWEEN ELDEN AND ORANGE AVENUES, AND MONTE VISTA
AND DEL MAR AVENUES, was adopted by the following
roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Recess The Mayor declared a recess at 8:35 p.m., and the
meeting reconvened at 8:45 p.m.
Request to
A request from Mr. and Mrs. Donald Lucius, 2763
Appeal -
Cibola Avenue, Costa Mesa, to appeal a Planning
Residential
Commission decision of June 14, 1976, that the
Zoning
zoning ordinance, Section 13-58, Costa Mesa
Ordinance
Municipal Code, should not apply to the peti-
- Lucius
tioners' garage conversion, but rather that Section
9350.1 of 1961 should apply, was presented. Leroy
Denied
Andreen, 2769 Cibola Avenue, spoke in opposition to
the request. After discussion, on motion by
Councilwoman Hertzog, seconded by Councilman
McFarland, and carried, the request was denied.
Water
Don Tompkins, Vice President of the Water Consoli-
Consolidation
dation Committee, presented a request from the
Committee
Committee to retain Ralph Anderson and Associates
to conduct the water consolidation study which
would require an additional $11,000.00, bringing the
total funding required to $21,000.00. Mr. Tompkins
cited lack of time and experience needed to convert
their accumulated data into an accurate, detailed
report. Paul Raver, a member of the Committee,
supported Mr. Tompkin's request. Mayor Raciti
voiced concern that this may be only the beginning
of costs involved. After further discussion, on
motion by Vice Mayor Hammett, seconded by Councilman
McFarland, approval to retain Ralph Anderson and
Associates at an increased cost of $11,000.00 was
approved, by the following roll call vote:
AYES: Council Members: Raciti, Hammett,
Hertzog, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Tentative Map
The Clerk presented Tentative Map of Tract 9383,
of Tract 9383
J. Ray Construction Company, 188 East 17th Street,
Costa Mesa, for permission to create a 13 -lot
subdivision in an R1 zone, located at the southwest
corner of Paularino Avenue and the Corona del Mar
Tentative Map
Freeway; Tentative Map of Tract 9413, for permis-
of Tract 9413
sion to create a 6 -lot subdivision, located between
Paularino Avenue and Baker Street, west of the
Corona del Mar Freeway, in An R1 zone; and Zone
ZE-76-117
Exception ZE-76-117, for a variance to allow sub-
standard lot -widths for three corner lots in a
J. Ray
13 -lot subdivision, located at the southwest corner
Construction
of Paularino Avenue and the Corona del Mar Freeway,
in an R1 zone. Negative Declarations of Environ-
mental Impact have been filed. The Planning
Commission recommended approval for all three
requests subject to conditions. Walkie Ray, Vice
President of J. Ray Construction, answered questions
31.1t..
from the Council and agreed to all conditions. On
motion by Councilwoman Hertzog, seconded by Council-
woman Smallwood, and carried, the Negative Declaration
of Environmental Impact was accepted as meeting the
requirements of the law, and Tentative Map of Tract
9383 was approved, subject to conditions as recommended
by the Planning Commission. On motion by Councilwoman
Hertzog, seconded by Councilwoman Smallwood, and
carried, the Negative Declaration of Environmental
Impact was accepted as meeting the requirements of the
law, and Tentative Map of Tract 9413 was approved,
subject to conditions as recommended by the Planning
Commission. 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 Zone Exception
ZE-76-117 was approved, subject to conditions as recom-
mended by the Planning Commission.
Encroachment
The Clerk presented Encroachment Permit No. 88, Buddy
Permit No. 88
D. Boswell, 341 Santa Isabel Avenue, Newport Beach,
Boswell
for permission to use 13 feet of City right-of-way
which is being dedicated for future widening of West
19th Street, for a sign and landscape planters, until.
such time as West 19th Street is widened, in a Cl zone,
located at 609 West 19th Street. Mr. Boswell was
present and agreed to all conditions. On motion by
Councilman McFarland, seconded by Councilwoman Small-
wood, and carried, the permit was approved subject to
conditions as recommended by the Planning Commission.
ZE-76-72
The Director of Planning presented an application for
Sanford
Zone Exception ZE-76-72, Stephen Sanford, 2750
Benedict Canyon Drive, Beverly Hills, for conditional
use to construct a restaurant with variances to
encroach into the required front setback, and to
install a roof and ground sign, located at the north-
west corner of Harbor Boulevard and Nutmeg Place, in
a Cl -CP zone. A Negative Delcaration of Environmental
Impact has been filed. No communications have been
received. The Planning Commission recommended approval
subject to conditions, with denial of encroachment and
sign. Robert Gragg, 28403 Coveridge Drive, Rancho
Palos Verdes, representing owners of the property,
-answered.questions from the Council. The applicant
was present and withdrew his request for a roof sign.
After discussion, it was determined that the applicant
would accept a 24 -foot setback, with a 20 -foot land-
scaping strip which would allow the minimum parking
spaces required. A motion was made by Councilwoman
Smallwood, seconded by Councilman McFarland, to approve
the application subject to conditions as recommended by
the Planning Commission at their meeting of June 28,
1976, and Condition No. 15-b amended with additional
wording, "providing City locates said agreement prior
to issue of occupancy permit by City." Vice Mayor
Hammett made an amendment and a motion to allow the
24 -foot setback. After lengthy discussion, Council-
woman Smallwood and Councilman McFarland withdrew the
motion and second. Discussion was held regarding a
revised plot plan submitted to the Planning Department
with 52:parkirig spaces and a 20 -foot setback. Mr.
Sanford agreed to identify the building on the plot
plan to the west of subject property as "Future Office
Building91, and the building to the north as "Future
Medical Buildingt°. Motion was made by Councilman
McFarland, seconded by Councilwoman Hertzog, to accept
the Negative Declaration of Environmental Impact as
meeting the requirements of the law, and to approve
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325.
the application and plan presently before the
Council, subject to all conditions as recommended
by the Planning Commission, including Condition
No. 4; and Condition No. 5 changed to read, "A
minimum landscape planter of 20 feet shall be
maintained in front of the parking area, thus
allowing 51 parking spaces". The motion carried,
Councilwoman Smallwood voting no. After further
discussion, on motion -by Vice Mayor Hammett,
seconded by Councilman McFarland, the applicant's
Master Plan was approved subject to the condition
regarding identification of the two buildings as
outlined previously, and subject to a written
agreement be submitted to the City by the property
owner acknowledging that the property is to be
divided into three separate, distinct parcels, and
that the property owner acknowledge the fact that
he will not come back to the City at a later date
pleading hardship. The motion carried, Mayor
Raciti voting no.
ZE-76-95
The Director of Planning presented an application
Rew
for Zone Exception ZE-76-95, Russell E. Rew, 9116
Buttercup Avenue, Fountain Valley, for a Condi-
Denied
tional Use Permit for a restaurant, to allow
reduction in required parking in a commercial center,
in a C2 zone located at 369 East 17th Street. An
Exempt Declaration of Environmental Impact has been
filed. The Planning Commission recommended denial.
No communications have been received. The applicant
was not present. On motion by Councilman McFarland,
seconded by Councilwoman Hertzog, and carried, the
application was denied.
ZE-76-101
The Director of Planning presented an application
Henderson
for Zone Exception ZE-76-101, Thomas Henderson,
1001 West Stevens Avenue, Santa Ana, for a Condi-
tional Use Permit for auto body repair and auto
painting, in an M1 zone located at 929 West Baker
Street. An Exempt Declaration of Environmental
Impact has been filed. The Planning Commission
recommended approval subject to conditions. No
communications have been received. The applicant
telephoned and advised he would not be able to be
in attendance. On motion by Councilman McFarland,
seconded by Vice Mayor Hammett, 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-76-109
The Director of Planning presented an application
Rubalcava
for Zone Exception ZE-76-109, Minnie Rubalcava,
1061 Laguna Avenue, Los Angeles, for a Conditional
Use Permit to change an existing nursery school to
a primary school (Kindergarten to third grade), and
to increase enrollment to -46 children, in an R2
zone located at 2070 Maple Avenue. An Exempt
Declaration of Environmental Impact has been filed.
The Planning Commission recommended approval. The
applicant was.present to answer questions from the
Council. After discussion, on motion by Council-
woman Smallwood, seconded by Councilman McFarland,
and carried, the Exempt Declaration of Environmental
Impact was accepted as meeting the requirements of
the law,,•and•'flie application approved as recommended
by the` Planning,Commission.
ZE-76-114
The Director of Planning presented an application
Urgureanu
for Zone Exception ZE-76-114, Lorel Anton Ungureanu,
3G
ZE-76-115
Southland
Ventures
Returned to
Planning
Commission
140 West Wilson Street, Apartment E1, Costa Mesa,
for a Conditional Use Permit to allow classic
automobile sales in conjunction with a residence, in
a Cl and C2 zone located at 206 West Wilson Street.
An Exempt Declaration of Environmental Impact has
been filed. The Planning Commission recommended
denial. The applicant was present and answered
questions from the Council, and subsequently with-
drew his request to reside on the property. On
motion by Councilwoman Smallwood, seconded by
Councilman McFarland, and carried, Mayor Raciti and
Vice Mayor Hammett voting no, the request was denied.
After discussion, on motion by Vice Mayor Hammett,
seconded by Mayor Raciti, and carried, the request
was reconsidered. Applicant agreed to an additional
condition, No. 11, stating -that he would not live in
the house, and that he would approach the owner
regarding a continuous offer of dedication require-
ment. On motion by Vice Mayor Hammett, seconded by
Councilwoman Smallwood, and carried, Councilman
McFarland voting no, the Exempt Declaration of
Environmental Impact was accepted as meeting the
requirements of the law, and the application
approved subject to conditions as recommended by
the Planning Commission, and with the addition of
Condition No. 11.
The Director of Planning presented an application
for Zone Exception ZE-76-115, Southland Ventures,
Incorporated, 330 East 17th Street, Costa Mesa, for
a variance for reduction in required parking for a
night club,. in a C2 zone located at that address.
An Exempt Declaration of Environmental Impact has
been filed. The Planning Commission recommended
approval subject to conditions. Martin Davis, 330
East 17.th Street, -Costa Mesa, was present to
answer questions by the Council, and advised that
extensive remodeling had been done under the proper
permits to allow for 406 occupancy, which was their
intent. He further advised that agreements had
been made for sufficient parking spaces across the
street. After further discussion, it was agreed
that parking arrangements would have to be in
lease form for a definite term. On motion by Vice
Mayor Hammett, seconded by Councilman McFarland,
and carried, this application was returned to the
Planning Commission for recommendation which
includes a plan for more parking spaces.
Councilmanic Councilman McFarland made a request to receive
Comments Planning Commission minutes by the following Friday.
The Planning Director stated that this was not
physically possible.
Adjournment At 11:50 p.m., the Mayor adjourned the meeting to
an Executive Session in the first floor Conference
Room. At 12:17 a.m., the meeting was adjourned to
July 19, 1976, at 2:00 p.m., in the Council Chambers
of City Hall.
Mayor of the y Costa Mesa
ATTEST:
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City Clerk of the City of Cost esa
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