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Home My WebLink About07/19/1976 - City Council¢375 Roll Call Honorary Citizen Consent Calendar REGULAR MEETING OF THE CITY COUNCIL - CITY OF COSTA MESA July 19, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., July 19, 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 Mr. Phillip Hanf, Church of Jesus Christ of Latter Day Saints. Council Members Present: Raciti, Hammett, Smallwood, McFarland Council Members Absent: Officials Present: Hertzog City Manager, City Attorney, Director of Planning, Assistant City Engineer, Assistant City Manager/ Community Development, and City Clerk The Mayor presented a Certificate of Honorary Citizen- ship to Luis Alberto Munoz Echeandia, a foreign exchange student from Spain who is the guest of the City Manager. Items on the Consent Calendar were approved at the preceding adjourned meeting of this date, with the exception of Item No. 2 which follows. . Request for Item 2 on the Consent Calendar, a letter from Jerome Bus Route Snyder, M.D., Costa Mesa Memorial Hospital, 301 Victoria Street, requesting the City's assistance in acquiring a bus route to provide service on Victoria Street, to serve the hospital and adjacent medical facilities, was presented. On motion by Vice Mayor Hammett, .seconded by Councilwoman Smallwood, and carried, the Council voted to request the Orange County Transit District to provide this service. Warrant On motion by Councilman McFarland, seconded by Council - Resolution 945 woman Smallwood, Warrant Resolution 945 was approved by the following roll call vote: AYES: Council Members: Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hertzog ABSTAINING: Council Members: Hammett Warrant On motion by Vice Mayor Hammett, seconded by Councilman Resolution 946 McFarland, Warrant Resolution 946, including Payroll No. 7614, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Smallwood, McFarland. NOES: Council Members: None ABSENT: Council Members: Hertzog Claim - The City Attorney presented the claim of Kenneth Litwak Litwak and recommended that it be denied as there was no liability on the part of the City. On motion by Denied Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the claim was denied. Revised Agreement The City Manager presented a revised agreement with - Professional Professional Tennis Programs, Incorporated, for con - Tennis Programs tinuation of the tennis service at TeWinkle Park. The agreement stipulates an increase in the minimum rent from $200.00 to $500.00 per month, and an increase in the percentage to the City of gross receipts from five percent to seven percent per month. After discussion, on motion by Councilman McFarland, seconded by Councilwoman 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, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hertzog "All -River Plan" On motion by Councilman McFarland, seconded by Vice Mayor Hammett, Resolution 76-85, being A RESOLUTION Resolution 76-85 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, APPROVING THE "ALL -RIVER PLAN" CONCERNING THE SANTA ANA RIVER, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hertzog Extension of The City Manager presented a lease agreement with the Lease Agreement County of Orange for the property at 170 Del Mar Ave - with County of nue, which is being used as a residential care home, Orange known as The Shelter. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the lease extension agreement was approved subject to the ' renewal of the Zone Exception Permit, 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, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hertzog Appraisals for The City Manager -requested authorization to secure Senior Citizens appraisals•, at a cost not to exceed $10,000.00; on Housing Project at least two parcels in the downtown area, to deter- mine whether or not senior citizens housing projects can be constructed. Funding is to be obtained from the 1975-76 Housing and Community Development grant. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, the City Manager was authorized to hire an appraiser for this purpose as outlined, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hertzog Water District The City Manager addressed the Council with regard to Surplus Property the Costa Mesa County Water District property adjacent to the Civic Center which is presently being offered Held Over for sale to the City. The City Manager reported that an offer of $270,000.00 had been declined by the Water District and requested further direction from the Council. After discussion, the Mayor appointed Council Members Smallwood and McFarland, along with the City Manager and City Attorney, to meet with the Water District Board of Directors to discuss this matter further and report back at the Council meeting of August 2, 1976. I. 1 1 1 Public Hearing Westside Community Plan Issue P2 Denied Public Hearing Abandonment of Right -of -Way. at 17th Street and Superior Avenue Resolution 76-86 The Clerk presented from the meeting of July 6, 1976, Issue P2 of the Westside Community Plan, located on the east side of Charle Street between Hamilton Street and Bernard Street. The California Environ- mental Quality Act requirements have been met by the Final Environmental Impact Report for the Westside Community Plan which was accepted by Council on June 21, 1976. A General Plan Amendment was filed -for the parcels located at 2020 and 2024 Charle Street, however, the scope of this study was extended to include all of the property bounded by Charle Street, Victoria Street, Bernard Street, and Harbor Boulevard. The Planning staff recommended High Density Residential for even -numbered parcels between 2004 and 2048 Charle Street, and the four parcels zoned R2 at the corner of Bernard and Charle Streets. It is also suggested that a zone change of the parcels located at Hamilton and Charle Streets be deferred until the pending court action on this property is completed. These parcels are the poten- tial site of a City park. Mrs. Constance Holland Wayne, 63 El Gavilan, Orinda, California; submitted a letter and addressed the Council to voice her opposition to a change in the designation of her property at 2037 Harbor Boulevard to a residential use. A further communication has been received from Mr. and Mrs. Harry K. Yee and Mr. and -Mrs. William K. Joe, 2333 Elden Avenue, Costa Mesa, owners of property at 2041 to 2045 Harbor Boulevard, expressing opposi- tion to a change in the land use designation of their properties to residential. The following property owners and/or tenants spoke in opposition to the recommendations being made by staff: Gary Roseberry, representing his mother, Norma Roseberry, owner of property at 2034 Charle Street; Jon McClure, tenant of Mrs. Wayne; Miles Soskin, representing J and J Mufflers,, Incorporated, and owner of property at 2007 Harbor Boulevard; and James Dawkins, 2050 Charle Street. Tom Miller, 1633 Cornwall Lane, Newport Beach, the original petitioner for a General Plan Amendment at 2020 and 2024 Charle Street, spoke in support of his request. There being no other speakers, the Mayor closed the public hearing. After considerable discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, Councilman McFarland voting no and Council- woman Hertzog absent, the General Plan Amendment was -denied with the exception of the property located at 2020 and 2024 Charle Street. A further motion by Vice Mayor Hammett to approve the requested amendment for the property at 2020 and 2024 Charle Street to High Density Residential, died for lack of a second. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, Vice Mayor Hammett voting no, the General Plan Amendment for 2020 and 2024 Charle Street was denied. The Clerk announced that this was the time and place set for the public hearing to consider the proposed abandonment of the excess right-of-way located in the general area of 17th Street and Superior Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, the Exempt Declaration of Environmental.Impact was accepted as meeting the requirements of the law, and Resolution 76-86, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF AN EXCESS Public Hearing R-76-24 Ordinance 76-34 First Reading Public Hearing R-76-25 Gregory Ordinance 76-35 First Reading RIGHT-OF-WAY IN A PORTION OF LOT 81 OF NEWPORT HEIGHTS, LOCATED IN' -THE GENERAL AREA OF -SEVENTEENTH STREET AT SUPERIOR AVENUE, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hertzog The Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-76-24, Costa Mesa Planning Commission, for permission to rezone property located at 77 Fair Drive, from C2 to I and R, in conformance with the General Plan. A Nega- tive Declaration of Environmental Impact has been filed. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 76-34, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN A PORTION OF LOT "A" OF THE BANNING TRACT, FROM C2 TO I AND R, was given first reading,and,passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, r- Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members:_ Hertzog The Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-76-25, James H. Gregory, 1919 Newport Boulevard, Costa Mesa, for permission to rezone property located at the north- west -corner of Valley Road and Hamilton Street, 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 GP -74-04A accepted by Council on February 4, 1975. The Planning Commission recommended denial of the requested R2 -CP zoning but made a further recommendation to approve the request to Rl. The applicant was present and indicated his agreement for a rezone to Rl. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, Ordinance 76-35, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN A PORTION OF LOT 36 OF TRACT 653, LOCATED ON THE NORTHWEST CORNER OF VALLEY ROAD AND HAMILTON STREET, FROM Ml TO R1, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hertzog Public Hearing The Clerk announced that this was the time and place Proposed set for the proposed amendment to the Specific Plan Amendment to to reduce Sterling Avenue from a 60 -foot street to a Specific -Plan 20 -foot alley, located between West 19th Street and Hamilton Street, and Wallace Avenue and Pomona Avenue, Denied requested by Lam Cheong Kwong, 300 1/2 Marine Avenue, Balboa Island. An Exempt Declaration of Environmental Impact'has been filed. The Planning Commission recommended denial. Communications in favor of the request have been received from Clinton C. Davis, 18582 Warren Avenue, Tustin; Esther Sellin, 1955-65 Pomona Avenue, Costa Mesa; and a petition containing signatures of 21 residents. A letter in opposition to 1 1 the request has been received from Henry Plascencia, 1950 Wallace.Avenue, Costa Mesa. Don Tyler, was present representing the applicant and spoke in support of the request, indicating Mr. Lam°s inten- tion to place a restaurant on his property at 720 West 19th Street if he has sufficient land to do so. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman -Smallwood, and carried, Mayor Raciti voting no and Councilwoman Hertzog absent, the requested amendment was denied. Temporary The Clerk presented a request from Steve Frank, Trailer Scorpio International, 17301 Beach Boulevard, Suite Permit - 10, Huntington Beach, for a temporary office trailer Scorpio at,1977 Harbor Boulevard,for six months until a International permanent structure is built. The Planning and Building Safety departments recommended denial. -William Harris, 16731 Ross Lane, Huntington Beach, representing the applicant, and Mike Gross, owner of.the subject property, spoke in support of the request affirming their definite intention to build a permanent structure in the immediate future. Considerable discussion followed concerning the location of the.permanent building. Mr. Gross indicated that no plans have been formulated at this time: After discussion, on motion by Vice Mayor - Hammett, seconded by Mayor Raciti, and carried, Councilwoman Hertzog absent, the request was .__.--approved for a period of six months subject to the receipt of a plot plan by the Department of Plan- ning before July 31, 1976, and subject to conditions as recommended by the Planning Department in their memo dated July 13, 1976. Vice Mayor Vice Mayor Hammett left the meeting at this point Hammett Leaves and therefore did not participate in the following motion. ZE-76-107 The Director of Planning presented, an application .Servals for Zone Exception ZE-76-107, Charles Servais, 420 Via Lido Nord, Newport Beach, for a Conditional Use Denied Permit to allow reactivation of an existing 14 -foot by 48 -foot off -premise advertising structure for a three-year period, in a Cl zone located at 1740 Superior Avenue. An Exempt Declaration of Environ- mental Impact has been filed. The,Planning Commission and Redevelopment Agency recommended denial. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Council Members Hammett and Hertzog absent, the request was denied and Council directed the removal of the structure by the applicant within 30 days. Councilmanic The Mayor made a recommendation to the Council to Comments consider a return of a portion of the property tax to the citizens due to the increase the assessed valuation. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Councilwoman Hertzog absent, the staff was requested to prepare a comprehensive report on the feasibility of this suggestion in time for the Council to take action before the tax base must be set. Adjournment The Mayor declared the meeting adjourned at 8:45 p.m. Oral The Mayor re -opened the meeting to hear from a Communications citizen who had inadvertently missed the opportunity to speak under Oral Communications. SIC) James Duggan, 153 The Masters Circle, Costa Mesa, addressed the Council in regard to disturbances from the events at the Orange County Fairgrounds and asked questions concerning which agency has jurisdiction over this property. The City Manager responded in part that the Fairgrounds are under the jurisdiction of the 32nd Agricultural District and urged Mr. Duggan to relate his feelings to members of the Fair Board, specifically Mr. Williams and Mr. Krone, and also Senator Carpenter. Adjournment The Mayor adjourned the meeting at 8:55 p.m. Mayor of the ty of -"4 --Costa Mesa ATTEST: .�(? 91-, ZA� - City Clerk of the City of Cos Mesa 11 1