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HomeMy WebLinkAbout08/02/1976 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 2, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., August 2, 1976, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by Mayor Pro Tem Hammett, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Donald Thurman, Costa Mesa Nazarene Church. Roll Call Council Members Present: Hammett, Hertzog, Smallwood, McFarland._ Council Members Absent: Raciti Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk Minutes The Mayor Pro Tem declared the minutes of the adjourned July 19, 1976 meeting of July 19, 1976, and the regular meeting of July 19, 1976, approved as distributed and posted as there were no corrections. Ordinances On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, all ordinances will be read by title only. R-76-24 On motion by Councilwoman Smallwood, seconded by Councilman McFarland, Ordinance 76-34, being AN Ordinance 76-34 ORDINANCE OF THE CITY COUNCIL OF .THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING IN A PORTION OF LOT A OF THE BANNING TRACT FROM C2 TO I AND R, was adopted by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti R-76-25 On motion by Councilman McFarland, seconded by Council - Gregory woman Hertzog, Ordinance.76-35,.being AN ORDINANCE OF CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 76-35 CHANGING THE ZONING IN A PORTION OF LOT 36 OF TRACT Adopted 653, LOCATED ON THE NORTHWEST CORNER OF VALLEY ROAD AND HAMILTON STREET, FROM Ml TO Rl, was adopted by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None Absent: Council Members: Raciti Beautification The Clerk presented from the meeting of July 19, 1976, Committee Request Beautification Committee request concerning recom- mendations for upgrading the appearance of Costa Mesa Held Over properties. At the previous meeting, the City Attorney was requested to investigate the question of delegating authority to a citizen's committee. The City Attorney presented his written report to the Council. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, this item was held over to the meeting of August 16, 1976, in order that the Beautification Committee may have an oppor- tunity to review the City Attorney's report. i Traffic The Clerk presented.from the meeting of July 19, 1976, Circulation Traffic Circulation Study. Discussion followed concerning Study the scope of the project, which, it was agreed would encompass the downtown area as well as the surrounding environs, and whether the study would be completed by the City staff or an outside consultant. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the staff was requested to commence the study with a completion time of 120 days if possible, and authorization given to use Revenue Sharing funds for supplemental consultant services. Water District The Clerk presented from the meeting of July 19, 1976, Surplus Water District surplus property. Councilman McFarland Property reported on discussions with the Board of Directors of the Water District concerning the sale of their property located adjacent to the Civic Center. The Water District has previously declined the City's offer of $270,000.00 for the subject property. During the discussion, Mayor Pro Tem Hammett suggested that if another offer is made, the City also agree to extend the lease for a reasonable time, at the same rate, on the property presently occupied by the Water District,'if the District should decide to delay the construction of their new facility. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the Council voted to make a final offer of $285,000.00 including the recommendation of Mayor Pro Tem Hammett, by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Westside Task The Clerk presented a request from Larry Courter, Force Bylaws Chairman of the Westside Task Force, for a change in the bylaws concerning Article IV, membership, which would eliminate the requirement to be a registered voter in the City of Costa Mesa, enabling several potential members to be considered for the present vacancies that exist. During.the discussion which followed, Councilwoman Smallwood suggested that notification of the vacancies be given to the general public in order to make available this opportunity to the entire community. Mayor Pro'Tem Hammett suggested that the potential member still be required to be a registered voter, but not necessarily in the City of Costa Mesa. On motion by Councilwoman Smallwood, seconded by Mayor Pro Tem Hammett, and carried, the bylaws were revised to read "Potential member must be a registered voter and live, work, own property, or have a vested interest in the study area. Resolution 76-87 On motion by Councilman McFarland, seconded by Council - Soap Box Derby woman Hertzog, Resolution 76-87, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OFFERING CONGRATULATIONS TO ERIC DAVIES ON WINNING THE JUNIOR DIVISION OF THE SOAP BOX DERBY, was adopted by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Eric Davies was present to accept the Resolution from Councilman McFarland. ZE-76=124 The Mayor Pro Tem presented the next item, taken out of Nabers order, for Zone Exception ZE-76-124, Richard Nabers, 2600 Harbor Boulevard, for a variance from landscaping 1 1 1 requirements to allow use of lot,for automobile leasing agency, sale of new and used cars, and construction of a 3,100 square -foot service and office building, in a Cl zone located at 1425 Baker Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant's representative, Charles Trapp, 1107 Marian Lane, Newport Beach, was present to answer questions from the Council. Mr. P. Simpson, 2970 Harbor Boulevard, Costa Mesa, a neighboring businessman, spoke in support of the request. During the discussion, a modification was agreed to on Condition No. 3, to permit the instal- lation of tree wells along the west -property line. A motion was made by Councilwoman Smallwood, seconded by Councilwoman Hertzog, to accept the Negative Declaration of Environmental Impact as meeting the requirements of the law, and approve the application subject to conditons as recommended by the Planning Commission, with Condition No. 3 modified as stated. A motion by Councilman McFarland to amend the main motion by addition of Condition No. 16 concerning loudspeakers, died for lack of a second. On further motion by Councilman McFarland, seconded by Mayor Pro Tem Hammett, and carried, the main motion was amended to add Condition No. 16 stipulating that sufficient loudspeakers shall be installed, keeping the volume low, so -the broadcasting cannot be heard at a distance farther than 25 feet from each speaker. A roll call vote on the main motion carried unanimously. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 6, a Notice of Inten- tion to Solicit for Charitable Purpose from American National Volleyball Association; and Item 14, a proposed abandonment requested by Stuart I. Hansen. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Hammett, Hertzog NOES: Council Members: ABSENT: Council Members: Smallwood, McFarland None Raciti Assembly Bill: A letter from Assemblyman Barry Keene requesting support No. 3875 of Assembly Bill No. 3875, concerning coastal legislation was received and processed. Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Tax Relief Letter from Edward and Betsy Carlick requesting the City to take action to convince appropriate authorities of the property owner's need for relief from tax rates and new assessments. Television Resolutions urging television coverage of the Orange Coverage County election news from Huntington Beach, Seal of Election Beach, and La Habra. The City Council of Costa Mesa Results adopted similar Resolution 76-83 on July 19, 1976. Orange County Resolution from the City of Fountain Valley declaring Youth its support for the Orange County Youth Exposition, Exposition co-sponsored by Garden Grove and Fountain Valley Youth Commissions. Public Decision No. 86087 before the Public Utilities Utilities Commission of the State of California regarding an Commission investigation on the Commission's own motion into the determination of a lifeline quantity of elec- tricity, and into gas and electric utility rate structures and the changes, if any, that should be made in presently constituted rate structures to provide a lifeline quantity of energy to the average residential user for specified end uses. Alcoholic Alcoholic Beverage license applications for which Beverage parking has been approved by Planning from: Donald Licenses R. Ward, doing business as Harbor Racquet Club, 380 West Wilson; Chalon Adventures, Incorporated, End - doing business at 725 Baker Street. Reading Folder Business Permits A request from Harold Oxley, Intershows, Post Office Box 3334, San Clemente, for a one -day specialty swap meet at Oxley the Orange_County Fairgrounds, August 6, 1976, was approved. CHOC A Notice of Intention to Solicit for Charitable Purpose Thrift from Children's Hospital Foundation of Orange County, Stores CHOC Thrift Stores, 2025 West First Street, Santa Ana, by solicitation and pickup of donated clothing and discards, from June 30, 1976, to December 31, 1976, was approved. Exchange Notice of Intention to Solicit for Charitable Purpose Club from Exchange Club of Newport Beach, Post Office Box 1022, Newport Beach, by Pancake Brunch, August 8, 1976, was approved. West Coast A request from John Gardell, West Coast Concerts, 1360-A Concerts Shadaco Lane, Fullerton, to hold a one-night concert at the Orange County Fairgrounds, August 23, 1976, was Denied 'denied. Second Coming A request from Greggory Dressen, Second Coming Concerts, Concerts Incorporated, 7759 Onyx, Cucamonga, to hold a one-night concert at the Orange County Fairgrounds, August 21, 1976, was approved. Bicentennial A request from Rick Cortese, Bicentennial Dance, 520 Dance Via Lido Soud, Newport Beach, to hold a one-night dance at the Orange County Fairgrounds, August 7, 1976, Denied was denied. Set for Public The following items wer set for public hearing on Hearing August 16, 1976, at 6:30 p.m., in the Council Chambers of City Hall: R-76-27 Rezone Petition R-76-27, Richard Sewell, Incorpor- Sewell ated, 136 Rochester Street, Costa Mesa, for permission to rezone property located on the east side of the Corona del Mar Freeway, south of Paularino Avenue and north of Baker Street, from Rl, R2, and Al to R4 -CP, in conformance with the General_Plan. A Negative Declaration of Environ- mental Impact has been filed. R-76-28 Rezone Petition R-76-28, William James Tater, Tater 10062 Merrimac Drive, Huntington Beach, for permission to prezone property located at 2167 and 2169 Pacific Avenue from County R4 to City R4 -CP, in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. R -76-30 Rezone Petition R-76-30, Read and Faubus Develop - Read and ment Company, Incorporated, 1670 Santa Ana Avenue, Faubus Costa Mesa, for permission to rezone property located at 358 and 372 West Bay Street, from R3 -CP i I- 345 to R4, in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. Civic Center The Civic Center Study, to discuss various policy Study questions contained in the study and to consider zoning options for the following six vacant parcels of land: (1) Northwest corner of Newport Boulevard and Vanguard Way. (2) Southwest corner of Newport Boulevard and Fair Drive. (3) 111 Fair Drive (Civic Center Park). (4) 2460 Fairview Road. (5) Southwest corner of Fair Drive and Fairview Road. (6) Northwest corner of Fair Drive and Newport Boulevard. Refunds On recommendation by the Revenue Supervisor, a refund of $60.00 to Southland Corporation, 4001 Westerly Place, Southland Newport Beach, on Business License No. 4078, paid in Corporation error for company no.longer operating in Costa Mesa, was approved by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Powers On recommendation by the Revenue Supervisor, a refund of $100.00 to C. F. Powers, 775 Cliff Drive, Laguna Beach, on Business License No. 1979, paid in error for company no longer operating in Costa Mesa, was approved by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Dentalloy, On recommendation by the Revenue Supervisor, a refund Incorporated of $100.00 to Dentalloy, Incorporated, 7542 Santa Rita Circle, Stanton, on Business License No. 4009, paid in error for company no longer operating in Costa Mesa, was approved by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT:. Council Members: Raciti Tripp On recommendation by the Revenue Supervisor, a refund Electric of $36.00 to Tripp Electric, Incorporated, 3240 South Standard Avenue, Santa Ana, on Business License . No. 6271, representing duplicate payment, was approved by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Lester On recommendation by .the Revenue Supervisor, a refund of $36.00 to Joe D. Lester, 2725 Gannet Drive, Costa 'Mesa, on Business License No. 7449, representing a duplicate payment, was approved by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti .34t Hooker On recommendation by the Revenue Supervisor, a refund Powder of $200.00 to -Hooker Powder Systems, Incorporated, Systems Post Office Box 728, Niagra Falls, New York, on Busi- ness License No. 5640, representing a duplicate payment, was approved by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES:• Council Members: None ABSENT: Council Members: Raciti Frye and On recommendation by the Revenue Supervisor, a refund Smith. of $155.00 to Frye and Smith,.Post Office Box 81828, San Diego, on Business License No. 10040, representing an overpayment of fee, was approved by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Betts On recommendation by the Revenue Supervisor, a refund of $5.00 to William Betts, 1750 Whittier Avenue, Costa Mesa, on Dog License No. 342, was approved by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Perry On recommendation by the Revenue Supervisor, a refund of $10.00 to Joseph T. Perry, 2738 Lorenzo Avenue, Costa Mesa, on Dog License No. 382, was approved by the following roll call vote: AYES: Council Members: Hammett, Hertzog,. Smallwood, McFarland -NOES: Council Members: None ABSENT: Council Members: Raciti ZE-76-119 Application for Zone Exception ZE-76-119, William, Fogarty Fogarty, 880 Congress Street, Costa Mesa, for a variance to allow a room addition to encroach four Withdrawn feet into the required 25 -foot -front yard setback, in an Rl zone located at that address, was withdrawn, and refund of $25.00 fee approved, as recommended by the Planning Commission, by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland, NOES: Council Members: None ABSENT: Council Members: Raciti Claim The following claim received by the City Clerk was referred to the City Attorney: Attorney John C. Salyer on behalf of John Michael Fenton. Bid Item 313 Bids received for Bid Item No. 313, Computer Stock Computer Paper, are on file in the Clerk's office. On motion Stock by Councilwoman Smallwood, seconded by Councilman Paper McFarland, the bid was awarded to Vanier Graphics Corporation, 1851 Deere Avenue, Santa Ana, in the Awarded amount of $4,823.20, being the lowest bid meeting Vanier specifications, by the following roll call vote: Graphics AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland, NOES: Council Members: None ABSENT: Council Members: Raciti Bid Item 314 Bids received for Bid Item'314, Roll -Over Protection Roll -Over Structures, are on file in the Clerk's office. On Protection motion by Councilwoman Smallwood, seconded by Council - Structures man McFarland, the bid was awarded to Bell Roll Cage Systems, 230_North Sherman Avenue, Corona, in the Awarded amount of $4,931.50, being the lowest bid meeting Bell Roll specifications, by the following roll call vote: Cage Systems AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland, NOES: Council Members: None ABSENT: Council Members: Raciti Courier On motion by Councilwoman Smallwood, seconded by Trucks Councilman McFarland, Purchase of Two Courier Type Trucks, Compact Model, from MacHoward Leasing Company, Awarded 124 North Harbor Boulevard, Santa Ana, was approved as MacHoward a sole source purchase in the amount of $4,134.00, Leasing by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Agreement and An agreement between the City and the Newport -Mesa Contract for Unified School District for Estancia High School Estancia High Parking Lot Modification; and Traffic Signal Installa- School Parking tion, was approved, and the City Manager authorized to Lot and sign on behalf of the City, by the following roll call Traffic vote: Signal AYES: Council Members: Hammett, Hertzog, Installation Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Awarded Bids received for the Estancia High School Parking John W. Lot Modification, and Traffic Signal Installation, Tiedemann are on file in the Clerk's office. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the'contract was awarded to John W. Tiedemann Company, Post Office Box 4069, Whittier, in the amount of $39,926.77, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Notice of The construction of Delhi Road; Sunflower Avenue to Completion 610 feet South, and Sunflower Avenue 690 to 1,385 Feet East of Bristol Street, has been completed by Construction Blair Paving, 200 Intrepid Street, Newport Beach, to of Delhi Road the satisfaction of the Director of Public Services. and Sunflower On motion by Councilwoman Smallwood, seconded by Avenue 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: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None Notice of ABSENT: Council Members: Raciti The construction of a Median on Golf Course Drive has Completion been completed by Griffith Company, 16861 Construction Way West, Irvine, to the satisfaction of the Director Construction of Public Services. On motion by Councilwoman Small - of Median on wood, seconded by Councilman McFarland, the work was Golf Course accepted, the Clerk was authorized to, file a Notice Drive 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: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Street_ Street improvements in the vicinity of 365-369 Santa Improvements Isabel Avenue, have been completed by James E. Todd, on Santa 2390 Redlands Drive, Newport Beach, to the satisfaction Isabel Avenue of the Director of Public Services. On motion by Councilwoman Smallwood, seconded by Councilman McFar- land, the work was accepted, and Cash Performance Bond No. 1192, in the amount of $2,500.00, was ordered exonerated, by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members:- Raciti Surplus City On motion by Councilwoman Smallwood, seconded by Property on Councilman McFarland, Resolution 76-88, being A 129-133 East RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, 17th Street CALIFORNIA, DECLARING ITS INTENTION TO DISPOSE OF SURPLUS REAL PROPERTY; DESCRIBING THE LAND TO BE SOLD; SETTING Resolution 76-88 FORTH IN GENERAL TERMS THE INTEREST EASEMENTS OR RESERVA- Calling for Bids TIONS TO BE RESERVED BY THE PUBLIC, IF ANY;'SETTING THE TIME AND PLACE OF THE SALE; ESTABLISHING TERMS AND CONDITIONS OF THE SALE; AND CALLING FOR SEALED BIDS IN WRITING was adopted by the following roll call vote: AYES: Council Members: -Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti NIWA Amendment No. l to the -First Amended Joint Exercise of Agreement - Powers Agreement, creating the Newport -Irvine Waste Amendment Management Planning Agency, was presented. This amend - No. 1 ment authorizes any member agency to appoint a second alternate director if it chooses to do so. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the amendment was approved, and the Mayor and Clerk authorized to sign on behalf on the City, by the following roll'call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti NIWA Budgets On motion by Councilwoman Smallwood, seconded by Councilman McFarland, Resolution 76-89, being A Resolution 76-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE NEWPORT -IRVINE WASTE - MANAGEMENT PLANNING AGENCY (NIWA) 1976-77 GENERAL AND PROJECT COMMITTEE NUMBER ONE BUDGETS, was adopted by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: 'Raciti Accepting On motion by Councilwoman Smallwood, seconded by Santa Ana as Councilman McFarland, Resolution 76-90, being A NIWA Member RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MEMBERSHIP OF THE CITY OF Resolution 76-90 SANTA ANA TO THE NEWPORT -IRVINE WASTE -MANAGEMENT PLANNING AGENCY, was adopted by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Health An -agreement between the City and the County of Orange ` Agreement for health services was presented. This agreement will become effective on September -1, 1976, and will continue in effect until June 30, 1981. On motion by Council- woman Smallwood, seconded by Councilman McFarland, the 1 n 1 agreement was approved, and the Mayor and Clerk author- ized to sign on behalf of the .City,, by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members:, None ABSENT: Council Members: Raciti Housing On motion by Councilwoman Smallwood, seconded by Assistance- Payments Councilman McFarland, Resolution 76-91, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE STATE LEGISLATURE OF Resolution 76-91 CALIFORNIA TO CHANGE APPROPRIATE STATE LAWS TO EXEMPT SECTION EIGHT HOUSING ASSISTANCE PAYMENTS FROM BEING CONSIDERED AS INCOME IN KIND FOR SUPPLEMENTAL SECURITY INCOME RECIPIENTS, was adopted by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Business Permit Item 6 on the Censent Calendar, a Notice of Intention to Solicit for Charitable Purpose from the American American National Volleyball Association, 7201 Garden Grove National Boulevard, Garden Grove, by door-to-door and telephone Volleyball sale.of tickets to volleyball exhibitions, August 15, Association 1976, through June 30, 1977, was presented. Robert Harte, representing the applicant, was present to answer questions from the Council. After discussion, on motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, Mayor Raciti absent, the permit was approved for a period of 90 days. Proposed Item 14 on the Consent Calendar, a request from Stuart Revision and I. Hansen, 637 Promontory Drive East, Newport Beach, Abandonment and Frank Roldan, 937 Paularino Avenue, Costa Mesa, to of Specific abandon the Specific Plan for Mi-lbro Street and revise Plan.for said plan for Helena Circle, as adopted by Resolution Milbro Street, 68-2, adopted by Council on January 2, 1968, was Helena Circle, presented. On motion by Councilman McFarland, seconded and Denver by Councilwoman Smallwood, Resolution 76-92, being A Drive RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OF INTENTION TO ABANDON A REVISED Resolution 76-92 SPECIFIC PLAN FOR A CUL-DE-SAC FOR DENVER DRIVE, LOCATED Hearing Set EAST OF BABB STREET AND SOUTH OF PAU.LARINO AVENUE, setting the public hearing for August 16,- 1976, at 6:30 p.m., was adopted by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Warrant On motion by Councilwoman Smallwood, seconded by Resolution 947 Councilman McFarland, Warrant Resolution 947 was approved by the following roll call vote: AYES: Council Members: Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti ABSTAINING: Council Members: Hammett Warrant On motion by Councilwoman Smallwood, seconded by Resolution 948 Councilwoman Hertzog, Warrant Resolution 948, including Payroll 7615, was approved by the follow- ing roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Warrant On motion by Councilwoman Smallwood, seconded by Resolution 949 Councilman McFarland, Warrant Resolution 949 was approved by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti Claim - The City Attorney presented -the claim of Neil Beatty Beatty and recommended that it be denied as there was no liability on the part of the City. On motion by Denied Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Mayor Raciti absent, the claim was denied. Claim - The City Attorney presented the claim of Kevin Corcoran Corcoran and recommended that it be denied as there was no liability on the part of the City. On motion by Denied Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Mayor Raciti absent, the claim was denied. Fire Station The City Manager presented the recommendation of the Architect - Architect Selection Committee to retain the firm of McCulloch McCulloch Architects, .4320..Campus Drive, Newport Beach, for architectural services for,the fire station to be located at Plumer Street and Park Avenue. After discussion, a motion -by Mayor Pro Tem Hammett to defer action on this matter to the meeting of August 16, 1976, died for lack of a second. After further discussion, on motion by Councilman McFarland, seconded by Council- woman Hertzog, the City Manager was authorized to negotiate a contract with the architect selected, by the following roll call vote: AYES: Council Members: Hertzog, Smallwood, McFarland NOES: Council Members: Hammett ABSENT: Council Members: Raciti Public Hearing The Clerk announced that this was the time and place R-76-18 set for the public hearing, continued from the meeting Faubus of May 3, 1976, for Rezone Petition R-76-18, Ray Faubus, 345 East 23rd Street, Costa Mesa, for permis- sion to rezone property located at 1767 Orange Avenue, from AP -to R3, in conformance with the Central Area Plan. The California Environmental Quality Act require- ments have been met by the Environmental Impact Reports for the Redevelopment and Central Area Plans, accepted by.Council December 17, 1973, and November 5, 1974, respectively. The affidavit of publication is on file in the Clerk's office. No communications have been received. James W. Read, Jr., 1670 Santa Ana Avenue, Costa Mesa, was present representing the applicant, to answer questions from the Council. The Planning Director reported that staff has revised their recon- mendation to approve the request for R3 -CP zoning. There being no other speakers, the Mayor Pro Tem closed the public hearing. On motion by Councilwoman Ordinance 76-36 Hertzog, seconded by Councilwoman Smallwood, Ordinance First Reading 76-36, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA OF ORANGE AVENUE AND ROCHESTER STREET FROM AP TO R3 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Raciti 1 1 1 Public Hearing The Clerk announced that this was the time and place. GP -76-2A and set for the public hearing to consider General Plan EIR - Argyros Amendment GP -76-2A, and the Environmental Impact Report for same, George L. ARgyros, 1651 East Fourth Street, Referred to Suite 150, Santa Ana, for permission to amend the land Planning use designation of the property located north of the Commission 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. The affidavit of publication is on file in the Clerk's office. Communications in opposition to the request have been received from Mr. and Mrs. R. M. Hastie, 978 Begonia Avenue, Costa Mesa; Joseph E. Pane, 1056 San Pablo Circle, Costa Mesa; Henry W. Armantrout, 1068 Visalia Drive, Santa Ana; Thomas H. Graham, 1106 Redding Avenue, Costa Mesa; Phillip Cutler, 3290 Turlock Drive, Costa Mesa; Mr. and Mrs. Steven B. Robinson, 1095 .Tulare Drive, Costa Mesa; and two petitions containing a total of 118 signatures. Harry Rinker, 2342 Mesa Drive, Santa Ana, was present representing the applicant and requested an amendment to the application, now proposing to change the General Plan from public and semi-public use to medium density residential overall. Mr. Rinker also proposed an addition of eight acres to the project area which will result in an amendment to the Environmental Impact Report, as well as to the General Plan Amendment. Paul Diehl, 1092 Santa Cruz Circle, Costa Mesa, President of the North Costa Mesa Homeowners Association, spoke in'favor of single-family development but would like to know the price range. Mr. Rice also stated it was his impression that the afore- mentioned eight acres was to be used for the expansion of Wakeham Park. Because of the amendment to both the application and Environmental Impact Report, Council- woman Smallwood made a motion, seconded by Councilwoman Hertzog, and carried, Mayor Raciti absent, to refer these items back to the Planning Commission for review, and to hold open the public hearing. Recess- The Mayor Pro Tem declared a recess at 7:55 p.m., and the meeting reconvened at 8:00 p.m. Public Hearing The Clerk announced that this was the time and place R-76-23 set for the public hearing for Rezone Petition R-76-23, Needler Jay and Patsy Needler, 2012 South Flower Street, Santa Ana, for permission to rezone property located at 1873 and 1877 Monrovia Avenue, from Cl to R4 -CP, in conform- ance.with the General Plan. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. A letter in favor of the request has been received from Andrew R. Smith, 14356-58 Calvert Street, Van Nuys, owner of property at 939 West 19th Street. The applicant was present and agreed to the combination of the two lots in the development of the property. There being no other speakers, the Mayor Pro Tem closed the public hearing. On motion by Councilwoman Smallwood, seconded by Council- man McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the Ordinance 76-37 law, and Ordinance 76-37, being AN ORDINANCE OF THE First Reading, CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 1001 OF NEWPORT MESA TRACT FROM Cl -TO R3 -CP, was given first reading and passed to second reading by the follow- ing roll call vote: AYES: Council Members: Hertzog, Smallwood, McFarland NOES: Council Members: Hammett ABSENT: Council Members: Raciti .. X52. Public Hearing The Clerk announced that this was the time and place Proposed Street set for the public hearing to consider a proposed Name Change of street name change from Placentia Avenue to Estancia Placentia Drive. The affidavit of publication is on file in Avenue to the Clerk's office. Communications in opposition to Estancia Drive the request have been received from the following citizens: Bette Cooney, City Auto Parts, 2066 Held Over Placentia Avenue; Frank Becker, Featureline, Incorpor- ated, 1621 Placentia Avenue; Arthur Henry, American Mariner Industries, 1945 Placentia Avenue; James D. Truesdell, Kingsley Manufacturing Company, 1984 Placentia Avenue; Theodore A. Baloyan, Alden's Carpets and Draperies, 1663 Placentia Avenue; George C. Woods, Jr., Building Contractor, 1665 Placentia Avenue; Allen G. Ellsworth, American Balboa Glass Company, 1671 Placentia Avenue; R. J. Renes, Wood Specialties, 1614 Placentia Avenue; John W. Norek, Crystaliner Corpora- tion, 1626 Placentia Avenue; John Murray and H. Getchel, Sir Speedy, 1601 Placentia Avenue; H. A. Olinger Company, 1606 Placentia Avenue; Edward Nickerson, Buffalo Machining Company, 1651 Placentia Avenue; Nora R. Walker, Post Office Box 46, Sedona Arizona; P. H. Quilter, Quilter Sound Company, 1936 Placentia Avenue; Dean Crissman, Crissman-Rentals., Incorporated, 1954 Placentia Avenue; Steve Marx, Marx Mercedes Service, 1950 Placentia Avenue; Wauneta F. Rieck and Donald G. Rieck, Supreme'Engineering, 1930 Placentia Avenue; Rick Thunstrom, 1825 Placentia Avenue; Edith Humput, 112 Via Genoa, Newport Beach; Paul H. Reynolds, Shaw and Talbot, 1303 Avocado Avenue; Mark Soden, 2045 Placentia Avenue; H. I. Troulx, No. 4 Torrey Pines Road, Big Canyon; John Lindley, 2051 Placentia Avenue; and Al Jones, Harbor Body Works, 2076 Placentia Avenue. Communications in favor of the change to Estancia Drive have been received from: Peter A. Corti, 10152 Phelan Drive, Villa Park, owner of the Mesa Lido Apartments, 1846 Placentia Avenue; and a petition containing 169 signatures. The Planning Commission recommended that the designation of Placentia Avenue be retained for the entire -length of the street. Three alternates were presented in the staff report for consideration. They are as follows: Alternate No. 1, change the name to Estancia Drive from Adams Avenue to the souther- ly City limits; Alternate�No. 2, create a division between Placentia Avenue and Estancia Drive. The most logical place for this division would be north of Wilson Street, perhaps south of the.City Yard and Estancia High School; and Alternate No. 3, retain the designation of Placentia Avenue for the entire length of the street. The following persons spoke in favor of Alternate No. 2: Norman French, 2865 Stromboli Road, President of the Mesa Verde Homeowners Association; Julia Lacey, 1807 Hummingbird Drive, and Patricia Armstrong,.2761 Bunting Circle. Bob Fike of the Cla-Val Company, 1701 Placentia Avenue, indicated he is primarily interested in the bus- iness community retaining the Placentia Avenue address. The following persons spoke in favor of Alternate No. 3: John Rau, 1945 Placentia Avenue; William Warren, Hartley Company, 1987 Placentia Avenue; S. J. Cook, 2025 Placentia Avenue; Al Jones, Harbor Body Works, 20.76 Placentia Avenue; and Steve Marx, Marx Mercedes Service, 1950 Placentia Avenue. A motion by Councilwoman Small- wood, seconded by Councilman McFarland, to retain the Placentia Avenue designation from Adams Avenue to Superior Avenue, was followed by a substitute motion by Councilwoman Hertzog, seconded by Mayor Pro Tem Hammett, to approve Alternate No. 2. The substitute motion failed to carry, Council Members Smallwood and McFarland voting no. The main motion also failed to carry, Mayor Pro Tem Hammett and Councilwoman Hertzog voting no. A final 35'3 motion by Councilman McFarland, seconded by Councilwoman Hertzog, to continue the public hearing to August 16, 1976, was carried unanimously, Mayor Raciti absent. Public Hearing The Clerk announced that this was the.time and place Proposed set for the public hearing to consider a proposed Abandonment abandonment of a portion of City parkway beginning at - Pauline the southeast corner of, Pauline Place and Orange Avenue Place for a distance of 125 feet. An Exempt Declaration of ZE-76-110 Environmental Impact has been filed. Also presented in connection therewith was Zone Exception ZE-76-110, Jackson Hiroko Jackson, 223 Pauline Place, Costa Mesa, for a variance from minimum parcel width and area require - Denied ments to allow legalization of lot split, in an R1 zone, located at 209 Pauline Place. Mr. M. A. Jackson, representing the applicant, was present and spoke in support of the requests. There being no other speakers, the Mayor Pro Tem closed the public hearing. After lengthy discussion, on motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Mayor Raciti absent, the proposed abandonment was denied. On further motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, application for Zone Exception ZE-76-110, was also denied. Councilman Councilman McFarland left the meeting briefly at McFarland 9:10 p.m. and therefore did not participate in the Leaves voting on the following three items. Public Hearing The Clerk announced that this was the time and place Weed ' set for the public hearing for confirmation of the Weed Abatement Abatement Report. A Notice of Hearing was posted in accordance with Section 8-119 of the Costa Mesa Munici- pal Code. There being no speakers, the Mayor Pro Tem closed the public hearing. On motion by Councilwoman Hertzog, seconded by Councilwoman Smallwood, Resolution Resolution 76-93 76-93, being A RESOLUTION OF THE CITY COUNCIL OF THE Approving Report CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRM- ING THE REPORT OF THE FIRE. CHIEF OR HIS DESIGNEE, SHOWING THE COST OF REMOVING THE RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood NOES: Council Members: None ABSENT: Council Members: Raciti, McFarland Zone Exception On motion by Councilwoman Smallwood, seconded by Procedure Councilwoman Hertzog, Ordinance 76-38, being AN Amendment URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING PROCEDURAL REQUIREMENTS OF Urgency PROCESSING ZONE EXCEPTIONS UNDER SECTION 13-351 Ordinance 76-38 REGARDING REFILING AND MODIFICATION OF FINAL DECISIONS, Adopted GIVING REASONS FOR URGENCY, was adopted by the follow- ing roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood NOES: Council Members: None ABSENT: Council Members: Raciti, McFarland ZE-75-132A An application for Zone Exception ZE-75-132A, City of City of Costa Mesa, for a Conditional -Use Permit for extension Costa Mesa of time for a Youth Shelter for six youths, ages 10 to 17, and a resident supervisory couple, in an existing home, in an R2 zone located at 170 Del Mar Avenue, was presented. The Planning Commission recommended approva. A communication in opposition to the request has been received from Evelyn J. Huss, 176 Del Mar Avenue. On motion by Councilwoman Smallwood, seconded 5 by Councilwoman Hertzog, and carried, Mayor Raciti and Councilman McFarland absent, the application was approved as recommended by the Planning Commission. ZE-76-108 Application for Zone Exception ZE-76-108., Read and Read and Faubus Development Company, Incorporated, 1670 Santa Faubus Ana Avenue, Suite M, Costa Mesa, for a variance to allow a three percent density deviation to construct a triplex in an R2 zone, located at 321 Ogle Street, was presented. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recom- mended approval.subject to conditions. Communications in opposition to the request have been received from the following Costa Mesa residents: E. Evans, 327 16th Place; Ralph F..Paige, 318 East 16th Place; and Mr. and Mrs. E. P. McGovern, 1618 Santa Ana Avenue. The Planning Director requested a revision to Condition No. 8, changing the word "elevation" to "plan". The applicant was present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, Mayor Raciti 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, and with Condition No. 8 modified as previously stated. ZE-76-111 Application for Zone Exception ZE-76-111, John A. Botich Botich, 305 Columbia Street, Newport Beach, for a variance to allow a 4.5 density deviation (one unit per 2,876 square feet), to add four apartment units to a lot with three existing units, in an R2 zone located at 2340 Elden Avenue, was presented. An Exempt Declaration of Environmental Impact has been filed. A communication in opposition to the request has been received from Mr. and Mrs. Jay E. Beardsley, 2325 Orange Avenue, Costa Mesa. The Planning Commission recommended approval subject to conditions. The appli- cant was present and agreed to the conditions. On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, Mayor Raciti absent, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation approved subject to conditions as recommended by the Planning Commission. ZE-76-116 Application for Zone Exception ZE-76-116, William G. Jones Jones, 2833 Harbor Boulevard, Costa Mesa, for a Condi- tional Use Permit with a variance from parking requirements to allow automobile repair and service in conjunction with an existing auto dealership, and to allow a one -bedroom apartment to be constructed on the second story of the proposed commercial building, in a Cl zone,.located at 1520 Ponderosa Street, was presented. A Negative Declaration of Environmental Impact has been filed. Communications in opposition to the request have been received from the following Costa Mesa resi- dents: Leonard Garber et al, 1883 Swan Circle; and Jean and Alan Schwalbe, Post Office Box 121. The Planning Commission recommended approval subject to conditions, with the deletion of the one -bedroom apartment to be constructed on the second floor. The applicant's representative, Benedict Brout, Architect, was present and agreed to the conditions, including the deletion previously stated. On motion by Councilwoman Hertzog, seconded by Councilwoman Smallwood, and carried, Mayor Raciti absent, the Negative Declaration of Environ- mental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions and deletion, as recommended by the Planning Commission. ZE-716-118 Application for Zone Exception.ZE-76-118, R. J. Serra Serra, 924 Evergreen Place, Costa Mesa, for a variance to encroach into the required front set- back to construct a two -car garage, in an Rl zone located at that address, was presented. An Exempt Declaration of Environmental Impact has been filed. A letter in opposition to the request has been received from Mr. and Mrs. Michael Burnett, 930 Evergreen Place. The Planning Commission recom- mended approval subject to conditions. The applicant was present and agreed to -the conditions. Ann Powell., 914 Evergreen Place, and Yvonne Lange, 919 Evergreen Place, voiced concern about the appearance of their neighborhood and urged the Council to•be cautious in granting Zone Exceptions. After discussion, on motion by Councilwoman Hertzog, seconded by -Councilman McFarland,' and carried, Mayor Raciti absent, the Exempt Declaration of Environ- mental_rmpact was accepted as meeting the requirements of the"law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-120 Application for Zone Exception ZE-76-120, Ralph J. Hansen Hansen, 888 North Main Street, Santa Ana, for a variance to allow an 18 -foot encroachment into the required 25 -foot rear yard setback, and to allow reduction in the required parking (six required, five provided), for construction of a triplex, in an R3 zone located at 3020 Filmore Way. An Exempt Declara- tion of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. The applicant was present and agreed to the conditions. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, Mayor Raciti 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-76-122 Application for Zone Exception ZE-76-122, Stephen T. Economakos Economakos, 3258 New York Avenue, Costa Mesa, for a variance for encroachment into the required front and rear yards for addition of an entrance way and patio cover to an existing single-family home, in an RI zone located at that address, was presented. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. Joanne Economakos was present and agreed to the conditions. On motion by Council- woman Smallwood, seconded by Councilwoman Hertzog, and carried, Mayor Raciti 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-76-125 Application for Zone Exception ZE-76-125, Hubert and Franklin Roy Franklin, 843 West 19th Street, Costa Mesa, for a Conditional Use Permit to operate a retail/repair upholstery shop, in a Cl zone located at 843-A West 19th Street,.in the Vista Shopping Center. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval. On motion by Councilwoman Smallwood, seconded by Council- man McFarland, and carried, Mayor Raciti absent, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation approved as recommended .by the Planning Commission. Adjournment Mayor Pro Tem Hammett declared the meeting adjourned at 9:40 p.m. to August 16, 1976, at 2:00 p.m. ayor of the �flAl ATTEST: City Clerk of the City of Co a Mesa 1 1