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HomeMy WebLinkAbout08/16/1976 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 16, 1976 The City Council;of the City of Costa Mesa met in regular session at 6:30 p.m., August 16, 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 Father Kerry Beaulieu, St. John the Baptist Catholic Church. Roll Call --""-- Council Members Present: Raciti, Hammett, Hertzog, McFarland, Smallwood Council Members Absent: None Referendum The Clerk presented from the meeting of May 3, 1976, Petition Referendum -Petition from the Appeals Committee of Ordinance 76-11 the College Park Homeowners, on Ordinance 76-11, rezoning property located on the northeast corner of Harbor Boulevard and Princeton Drive, from Rl to C1 -CP. A motion by Councilman McFarland, seconded by Mayor Raciti, to repeal Ordinance 76-11, failed to carry, Vice Mayor Hammett and Councilwoman Hertzog voting no. On motion by Vice Mayor Hammett, seconded Resolution 76-95 by Councilwoman Hertzog, Resolution 76-95, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 1 i Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/City Engineer City Clerk Father McGowan On motion by Vice Mayor Hammett, seconded by Commended Councilman McFarland, Resolution 76-94, being A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Resolution 76-94 MESA, CALIFORNIA, RECOGNIZING AND COMMENDING THE REVEREND ANTHONY McGOWAN OF ST. JOHN THE BAPTIST CATHOLIC CHURCH UPON HIS ACCEPTANCE OF THE POSITION OF PASTOR OF OUR LADY OF FATIMA CHURCH IN SAN CLEMENTE, was adopted by the following roll call vote: AYES: Council Members: Raciti,. Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Ordinances On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, all ordinances will be read by title only. ZE-76-05 The Clerk presented a request from Jake Eberle, Eberle 207 Hanover Drive, Costa Mesa, for waiver of Condition No. 5 on Zone Exception ZE-76-05, per- taining to fire hydrant installation. The applicant was present and answered questions from the Council. The City Manager recommended approval of the request. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, Condition No. 5 on ZE-76-05 was deleted as requested. Councilwoman Councilwoman Smallwood left the meeting briefly at Smallwood this point and therefore did not participate in Leaves the voting on the next item. Referendum The Clerk presented from the meeting of May 3, 1976, Petition Referendum -Petition from the Appeals Committee of Ordinance 76-11 the College Park Homeowners, on Ordinance 76-11, rezoning property located on the northeast corner of Harbor Boulevard and Princeton Drive, from Rl to C1 -CP. A motion by Councilman McFarland, seconded by Mayor Raciti, to repeal Ordinance 76-11, failed to carry, Vice Mayor Hammett and Councilwoman Hertzog voting no. On motion by Vice Mayor Hammett, seconded Resolution 76-95 by Councilwoman Hertzog, Resolution 76-95, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 1 i 4� MESA, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR, AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 1976, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED.VOTERS OF SAID CITY AN ORDINANCE RELATING TO CHANGING THE ZON- ING OF LOT 1, TRACT 2727, AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood On motion by Vice Mayor Hammett, seconded by Council - Resolution 76-96 man McFarland, Resolution 7.6-96, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF COSTA MESA TO BE HELD ON NOVEMBER 2, 1976, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 1976, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, and carried, Councilwoman Smallwood absent, the'City Attorney was directed to prepare a synopsis of the measure to be voted upon, pursuant to Section 22835, Elections Code. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 2, Copy of a letter from the City of Irvine concerning the Orange County Airport; Item 18(b), Resolution concerning the closure of Westminster Avenue; Item 18(c), Resolution concerning the truck route system; and Item 24, An agreement with Statewide Developers concerning Tract 8858. On motion by Vice Mayor Hammett, seconded by Council- man McFarland, the remaining Consent Calendar items were approved in one motion, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Orange County A letter from the Orange County Health Planning Health Planning Council, 202 Fashion Lane, Suite 219, Tustin, Council requesting confirmation of appointment to the Assembly of Delegates, was presented. On motion by Jack Hall Vice Mayor Hammett, seconded by Councilman McFarland, Re -appointed and carried, Jack Hall was re -appointed to the dele- gation. Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Orange County Resolutions from the cities of Cypress and Election Villa Park in opposition to the inadequate Coverage television coverage of the Orange County elections. The City Council adopted similar Resolution 76-83 on July 19, 1976. e Human Relations Letter from George Carter, Chairman, Orange Commission County Human Relations Commission, disputing resolution submitted by Santa Ana Mayor John Garthe regarding involvement of the Human Relations Commission in incorporated areas of Orange County. Bingo Ordinance Letter from the Board of Directors of The Halecrest Club of.Costa Mesa expressing their unanimous support of an ordinance allowing Bingo in Costa Mesa. Vector Control Minutes of the 354th meeting of the Orange District County Vector Control District, held on July 26,' 1976. Alcoholic Copy of a letter by Director of Planning Beverage Charles Roberts to the Santa Ana District Licenses Office Licensing Supervisor protesting the application for an Alcoholic Beverage License from Victor and Sergio Avila, 2101 Placentia Avenue. Memo from the Planning Department asking that Council be made aware of correspondence from' the City Attorney's office regarding condi- tions in effect on Application for Alcoholic Beverage License from Richard T. Hillman, doing business at 1976 Newport Boulevard. Alcoholic Beverage'License applications for which parking has been approved by the Plan- ning Department from: The Southland Corporation, doing business as 7-11 Food Store No. 2113-13795, 1097 Baker Street; Richard J. Kaiser and "Frederick L. Krauth, doing business as Mesa Lanes, 1703 Superior Avenue; Pisces Corporation, doing business as Longjohn Silver's Seafood Shoppes, 3095 Harbor Boule- vard; Coast Line Post No. 3536, doing business as V.F.W. Post No. 3536, 565 West 18th Street; End - and Franz Korphage, doing business at 1562 Reading Folder Newport Boulevard, Nos. C and D. Business Permit Notice of Intention to Solicit for Charitable Purpose Application from Girl Scout Council of Orange County, 1620 Adams Avenue, Costa Mesa, by door-to-door solicitation, Girl Scout October 29 through November 30, 1976; February 4 Council through.14, 1977; and March 11 through 21, 1977, was approved as recommended by the Director of Finance. Set for Public The following items have been set for public hearing Hearing on September 7, 1976, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: Specific Plan Request from the Costa Mesa Planning Commis - for Extension sion for adoption of a Specific Plan for the of Bear Street extension of Bear Street, located in the general area south of Baker Street and the -Corona del Mar Freeway. A Negative Declara- tion of Environmental Impact has been filed. R-76-31 Rezone Petition R-76-31, J. H. Gregory, 1919 Gregory Newport Boulevard, Costa Mesa, for permission to prezone property located at the northeast corner of Canyon Drive and Wilson Street from County R4 to City R2 in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. 1 1 R-76-32 Rezone Petition R-76-32, Dyer -Johnson, Incor- Dyer-Johnson porated, 4121 Westerly Place, Newport Beach, for permission to rezone property located at 664-666 West 18th Street from R2 to R4 in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. Proposed Abandonment On motion by Vice Mayor Hammett, seconded by of City Right -of -Way Councilman McFarland, Resolution 76-97, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY Resolution 76-97 OF COSTA MESA, CALIFORNIA, DECLARING ITS INTEN- Hearing Set TION TO ORDER THE VACATION OF A PORTION OF SAN JUAN LANE, LOT 51, TRACT 4808, LOCATED IN THE GENERAL AREA OF THE NORTHEAST CORNER OF CIBOLA AVENUE AND SAN JUAN LANE, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Refunds On recommendation by the Acting Fire Marshal, refund of a $200.00 cash performance,bond to Gary's Lot Gary's Lot Cleaning, 222 East 220th Street, Carson, for weed abatement program now completed, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Amash On recommendation by the Director of Building Safety, refund of $71.00 to Charles Amash, 2981 Bristol Street, Costa Mesa, on Plumbing Permit No. 67556, as duplicate payment was made, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None May On recommendation by the Director of Building Safety, refund of $36.12 to William May, 2030 Lemnos Drive, Costa Mesa, on Building Permit No. 38133, as project was cancelled, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Sewell On recommendation by the Director of Building Safety, refund of $24.00 to Richard Sewell, 136 Rochester Street, Costa Mesa, on Electrical Permit Nos. 40950, 40951, and 40952, as duplicate payment was made, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Morianna On recommendation by the Director of Finance, refund of $25.00 to Rozella Morianna, 220 Knox Place, Costa Mesa, on Business License No. 2995, issued to Poodle Fancies, 2000 Newport Boulevard, following roll call vote: AYES:- Council Members: NOES: Council Members: ABSENT: Council Members: was approved by the Raciti, Hammett, Hertzog, McFarland, Smallwood None None Application On motion by Vice Mayor Hammett, seconded by Council - Withdrawals man McFarland, and carried, a request to withdraw an application for Rezone Petition R-76-26, Arnel R-76-26 Development Company, 1651 East Fourth Street, Santa Arnel Ana, for permission to rezone property located at the Development southwest corner of South Coast Drive and Bear Street from CR to R4 and Cl, was approved as recommended by the Planning Commission. ZE-76-113 On motion by Vice Mayor Hammett, seconded by Council- Ratkelis man McFarland, and carried, withdrawal of -application for Zone Exception ZE-76-113, A1gis Ratkelis, 26262 Via Juanita, Mission Viejo, and refund of 50 percent of the filing fee, for a Conditional Use Permit to allow construction of 16 apartment units to meet CP standards in an R4 -CP zone, located at 1873 and 1877 Monrovia Avenue, was approved as recommended by the Planning Commission. Claim The following claim received by the City Clerk was Chenault referred to the City Attorney: Linda Chenault. Reconstruction Bids received for the Reconstruction and Resurfacing and Resurfacing of City Streets are on file in the Clerk's office. of City Streets On motion by Vice Mayor Hammett, seconded by Council- man McFarland, the contract was awarded to Sully - Awarded Miller Contracting Company, Post Office Box 432, Sully -Miller Orange, in the amount of $279,455.14, 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 Golf Course Bids received for Golf Course Drive Median Irrigation Drive Median are on file in the Clerk's office. On motion by Vice Irrigation Mayor Hammett, seconded by Councilman McFarland, the bid was awarded to Allied Sprinkler -Company, 2831 Awarded Gretta Lane, Anaheim, in the amount of $4,444.00, Allied Sprinkler 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 Bid Item 318 Bids received for Bid Item No. 318, One Fairway Mowing Fairway Mowing Unit Seven -gang, are on file in the Clerk's office. Unit On motion by Vice Mayor Hammett, seconded by Council- man McFarland, the bid was awarded to B. Hayman Awarded Company, Incorporated, 9525 Sorensen Avenue, Santa Fe B. Hayman Springs, in the amount of $2,894.00, being the lowest Company 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 Cl 1 Notice of The pre -rebid work of the Fairview Road Widening has Completion been completed by C. W. Poss-R. N. Basich Venture, 7459 Lorge Circle, Huntington Beach, to the satis Fairview Road faction of the Director of Public Services. On Widening motion by Vice Mayor Hammett, seconded by Councilman Bid Item 319 Bids received for Bid Item No. 319, One Triplex Greens Triplex Greens Mower, are on file in the Clerk's office. On motion Mower by Vice Mayor Hammett, seconded by Councilman McFarland, the bid was awarded to B. Hayman Company, Incorporated, Awarded 9525 Sorensen Avenue, Santa Fe Springs, in the amount B. Hayman of $3,161.00, being the lowest bid meeting specifica- Company tions, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 321 Bids received for Bid Item No. 321, Photographic Photographic Equipment, are on file in the Clerk's office. On Equipment motion by Vice Mayor Hammett, seconded by Councilman McFarland, the bid was awarded to be split as Awarded follows: Redlands Camera, 201 East State Street, Redlands Camera, Redlands, Section 1, $5,117.45, Section 2, $124.80; Cal's Camera, Cal's Camera, 1770 Newport Boulevard, Costa Mesa, and Royce Photo/ Section 3, $801.40, Section 5, $118.58; and Royce Graphics Supply Photo/Graphics Supply, 1300 Flower Street, Glendale, Section 4, $290.73, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Radio Equipment On motion by Vice Mayor Hammett, seconded by Council- man McFarland, authorization was given to purchase Sole Source - Radio Equipment from Motorola, Incorporated, as a Motorola sole source vendor, in the amount of $26,000.00, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Stop Sign on The Traffic Commission recommended the installation Costa Mesa of a stop sign on Costa Mesa Street at Fullerton Street Avenue in order to improve vision of approaching vehicles. On motion by Vice Mayor Hammett, seconded Resolution 76-100 by Councilman McFarland, Resolution 76-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A STOP SIGN ON COSTA MESA STREET AT FULLERTON AVENUE, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Change Order - The Director of Leisure Services recommended the West Bank of approval of a Change Order for Estancia Park, West Estancia Park Bank Project. The additional work is necessary to control erosion and protect the walks. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the Change Order was approved in the amount of $8,475.22, 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 pre -rebid work of the Fairview Road Widening has Completion been completed by C. W. Poss-R. N. Basich Venture, 7459 Lorge Circle, Huntington Beach, to the satis Fairview Road faction of the Director of Public Services. On Widening motion by Vice Mayor Hammett, seconded by Councilman 366 McFarland, the work was accepted, the Clerk was authorized to file a Notice of Completion and a Notice of Cessation of Labor, and the bonds were ordered reduced to $21,600.00 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Tract 6860 The improvements in Tract 6860; six lots located Fishbeck between Denver Drive and Paularino Avenue, have been completed by Kenneth Fishbeck, 10421 Boca Canyon Drive, Santa Ana, to the satisfaction of the Director of Public Services. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Tract 7797 The monument improvements in Tract 7797; Joann Street Ward and Pamela Lane, have been completed by Roy J. Ward, 4321 -Birch Street, Newport Beach, to the satisfaction of the Director of Public Services. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the work was accepted, and the monument bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Final Map of On motion by Vice Mayor Hammett, seconded by Council - Tract 8540 man McFarland, Final Map of Tract 8540, James R. Griset. Griset, 3404 Via Oporto, Suite 5A, Newport Beach, Developer, 1 lot - 0.88 acres, and a Subdivision Agreement in connection therewith, was approved; the Council did accept on behalf of the public the Offer of Dedication for street.purposes: Wilson Street; and did approve subject map pursuant to the provisions of Section 66436 (B) (1) of the Subdivision Map Act, and the Mayor and Clerk were authorized to sign said. documents 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 Retirement On motion by Vice Mayor Hammett, seconded by Council - Committee man McFarland, and carried, Larry Bersch was appointed Appointment to the Retirement Committee to represent the Police Personnel. Conference A Conference Advance for a Police Captain to attend Advance the California Police Officers' Association Conference in Sacramento, September 15 through 17, 1976, was approved in the amount of $140.00, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 1 Merging of On motion by Vice Mayor Hammett, seconded by Council - Parking man McFarland, Ordinance 76-43, being AN ORDINANCE OF Districts THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, MERGING THE TWO COMMISSIONS FOR VEHICLE Ordinance 76-43 PARKING DISTRICTS 1 AND 2 INTO ONE COMMISSION AND First Reading APPOINTING THE REDEVELOPMENT AGENCY BOARD MEMBERS AS THE NEW COMMISSION, was given first reading and passed to second reading by the following roll call vote: AYES:. Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Low and On motion by Vice Mayor Hammett,' seconded by Council - Moderate man McFarland, Resolution 76-99, being A RESOLUTION Income OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Housing FORNIA, RECOMMENDING THE DEVELOPMENT OF PLANS FOR LOW AND MODERATE INCOME HOUSING, was adopted by the Resolution 76-99 following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Orange County Item 2 on the Consent Calendar, a copy of a letter Airport from the City of Irvine to Orange County Supervisor Thomas F. Riley, Fifth District, conveying the City Council's position with respect to the future of Orange County Airport, was presented. In their letter, the City of Irvine supports the concept of retention of Orange County Airport as a short -haul facility, but feels consideration of improvement or expansion of existing facilities should be approached on a regional basis and not from a parochial view of individual cities. Also, the concept of Ontario as an international air terminal is supported with emphasis on improvement of public transportation between Los -Angeles and Ontario. Finally, the City of Irvine urges the Board of Supervisors to retain a flexible approach towards the future of Orange County Airport. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the Council went on record recognizing and endorsing the -City of Irvine's position. Temporary Item 18 (b) on the Consent Calendar, a recommendation Closure of from the Traffic Commission for the closure of West - Westminster minster Avenue between 16th Street and 16th Place, Avenue was presented. This portion of the street is not paved, and as a result, some problems have arisen. Vice Mayor Hammett felt that the closure should be temporary and requested the staff to work on a solu- tion to the problem. On motion by Vice Mayor Hammett, Resolution 76-101 seconded by Councilman McFarland, Resolution 76-101, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING THAT PUBLIC SAFETY REQUIRES THE TEMPORARY CLOSURE OF WESTMINSTER AVENUE BETWEEN SIXTEENTH STREET AND SIXTEENTH PLACE, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES.: Council Members: None ABSENT: Council Members: None Truck Route Item 18 (c) on the Consent Calendar, recommendations System from the Traffic Commission concerning additions and deletions to the truck route system, was presented. Councilwoman Hertzog requested that the portion on Property Tax On motion by Councilwoman Smallwood, seconded by Revenue Councilwoman-Hertzog, Resolution 76-103, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Resolution 76-103 MESA, CALIFORNIA, FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT ITS DEPARTMENTS FOR THE CURRENT FISCAL YEAR OF 1976-77, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Setting Property On motion by Councilwoman Smallwood, seconded by Tax Rate for Councilman McFarland, Resolution 76-104, being A Municipal RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Purposes MESA, CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL OF THE -TAXABLE PROPERTY Resolution 76-104 WITHIN THE CITY OF COSTA MESA, WHICH IS TAXABLE, FOR MUNICIPAL PURPOSES, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 1 C Placentia Avenue between Victoria Street and Adams Avenue be deleted from the designated route due to the proximity of schools and bike lanes. On motion by Councilwoman Hertzog, seconded by Councilman Resolution 76-102 McFarland, Resolution 76-102, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING'ADDITIONS AND DELETIONS TO THE TRUCK ROUTE SY- STEM IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Storm Drain at Item 24 on the Consent Calendar, an agreement with Sunflower Avenue Statewide Developers for J oint participation in a and Bear Street storm drain construction at the intersection of - Tract 8858 Sunflower Avenue and Bear Street, in conjunction with Tract 8858, was presented. The developer has requested modification of the contract as follows: (1) that payment of the City's share of costs be made as work progresses, and (2) that no charge be made for staff time on project coordination. The Director of Public Services recommended approval of the modifications. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the agreement was approved as modified, and the Mayor and Clerk author- ized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Vice Mayor Hammett, seconded by Council - Resolution 950 woman Hertzog, Warrant Resolution 950, including Payroll 7616, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Property Tax On motion by Councilwoman Smallwood, seconded by Revenue Councilwoman-Hertzog, Resolution 76-103, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Resolution 76-103 MESA, CALIFORNIA, FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT ITS DEPARTMENTS FOR THE CURRENT FISCAL YEAR OF 1976-77, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Setting Property On motion by Councilwoman Smallwood, seconded by Tax Rate for Councilman McFarland, Resolution 76-104, being A Municipal RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Purposes MESA, CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL OF THE -TAXABLE PROPERTY Resolution 76-104 WITHIN THE CITY OF COSTA MESA, WHICH IS TAXABLE, FOR MUNICIPAL PURPOSES, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 1 C l f _ Setting Property On motion by Councilwoman Smallwood, seconded by Tax Rate for Councilwoman Hertzog, Resolution 76-105, being A Open Space Bond RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Issue MESA, CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL OF THE TAXABLE PROPERTY Resolution 76-105 WITHIN THE CITY OF COSTA MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1976-77, was adopted by the following roll call vote: AYES: Council Members:. Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Annual Report The City Manager presented an agreement with Richard Govotto for preparation of the City's 1975-76 Annual Report, at a cost of $7;200.00. On motion by Vice Mayor Hammett, 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 Expansion of The City Manager presented a request from the Parking Vehicle Parking District Commissioners for an expansion of the park - Districts ing facilities in the downtown area. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the City Attorney was authorized to proceed, along with the Public Services Department, to prepare such legal documents and engineering esti- mates necessary for a 1911 Improvement District Act. Youth Services On motion by Vice Mayor Hammett, seconded by Council - Program woman Hertzog, and carried, Mary Smallwood and A. R. McKenzie were appointed to the Advisory Board of the .Youth Services Program. Public Hearing The Clerk presented from the meeting of August 2, Street Name 1976, a proposed street name change from Placentia Change for Avenue to Estancia Drive. Norman French, 2865 Strom - Placentia boli Road, Costa Mesa, spoke in support of the request. Avenue The following citizens spoke in opposition to the request: Ted Bologh, 2913 National Avenue, Costa Mesa; Denied Howard Chace; William Warren; S. J. Cook, 3318 Maryland Circle, Costa Mesa; James Truesdell, 1984 Placentia Avenue, Costa Mesa; and Shirley Munsen, 334 University Drive, Costa Mesa. There being no other speakers, the Mayor closed the public hearing. On motion by Council- woman Smallwood, seconded by Councilman McFarland, and carried, Mayor Raciti and Vice Mayor Hammett voting no, the proposed street name changed was denied. Public Hearing The Clerk announced that this was the time and place Proposed set for the public hearing to consider the proposed Abandonment of abandonment of a Specific Plan for Milbro Street and Specific Plan revision of the Specific Plan for Helena Circle, as for Milbro Street adopted by Resolution 68-2 of the City Council on and Revision of January 2, 1968; requested by Frank Roldan, 937 Specific Plan for Paularino Avenue, Costa Mesa, and Stuart I. Hansen, Helena Circle 637 Promontory Drive East, Newport Beach. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval of the request. William Cameron, 3033 Babb Street, Costa Mesa, asked QLD 1 [7 �7 questions about the proposal. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilwoman Smallwood, Resolution 76-106 seconded by Councilwoman Hertzog, Resolution 76-106, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE ABANDONMENT OF THE SPECIFIC PLAN FOR MILBRO STREET, AND REVISION OF THE SPECIFIC PLAN FOR HELENA CIRCLE, 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 R-76-27 set for the public hearing for Rezone Petition Sewell R-76-27, Richard Sewell,,Incorporated, 136 Rochester Street, Costa Mesa, for permission to rezone property Referred to located on the east side of the Corona del Mar Free - Planning way, south of Paularino Avenue and north of Baker Commission Street, from Rl, R2, and Al to R4 -CP in conformance with the General Plan. A Negative Declaration of Environmental Impact ha.s been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Director indicated that a revised plan has been sub- mitted by the applicant. On this basis, Vice Mayor Hammett made a motion, seconded by Councilman McFarland, and carried, to refer this item back to the Planning Commission for review, and -the public hearing was held open to the meeting of September 7, 1976. R-76-28 The Clerk announced that this was the time and place Tater set for the public hearing for Rezone Petition R-76-28, William J. 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. The affidavit of publication is on file in the Clerk's -office. The Planning Commission recommended denial of the requested R4 zoning but made a subsequent recommendation for approval of R2 -CP zoning. No communications have been received. The applicant was present and stated he could develop the property under R3 zoning but nothing less than that. Will Buck provided information about the proposed development of the property. The following citizens expressed concern that the proposed project would have an adverse traffic impact on the area: Christine Maitland, 2197 Canyon Drive; Jim Ross, 2157 Pacific Avenue; Ronda Webber, 2172 Pacific Avenue; Julie Horgaard, 2170 Pacific Avenue; and Bill Ugalis, 2170 Pacific Avenue. Scott McKown, 2172 Pacific Avenue, expressed his opinion that the property could be,developed with R2 zoning. William Greganza, owner of property at 2169 Pacific Avenue, favored this property becoming part of the City. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of'the.�:law, and . Ordinance 76-39 Ordinance 76-39, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA.MESA, CALIFORNIA, PRE - ZONING CERTAIN UNINCORPORATED TERRITORY ADJOINING THE CITY BOUNDARY, FROM COUNTY R4 TO CITY R2 -CP, was given first reading and passed to second reading by the following roll call vote: 1 [7 �7 AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None The Estancia Joyce Martin, 2924 Redwood Avenue, Costa Mesa, dis- played paintings of The Estancia by Mrs. Thelma Paddock Hope. Public Hearing The Clerk announced that,this was the time and place for the hearing for Rezone Petition R-76-302 R-76-30 set public Read and Faubus Read and Faubus Development Company, Incorporated, 1670 Santa Ana Avenue, Costa Mesa, for permission to rezone Denied property located at 372 and 358 West Bay Street from R3 -CP to R4 in conformance 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. The Planning Commission recommended denial. James W. Read, Jr., 1670 Santa Ana Avenue, Costa Mesa, addressed the Council in support of the request. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the request was denied. Public Hearing The Clerk announced that this was the time and place Civic Center set for the public hearing for the Civic Center Study Study to discuss various policy 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; (2) South- west 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; and (6) Northwest corner of Fair Drive and Newport Boulevard. The affidavits of publishing and mailing are on file in the Clerk's office. Com- munications in support of the Study have been received from Santa Ana River/Santiago Creek Greenbelt Commis- sion,n625 North Ross Street, Santa Ana; Doctor Robert B. Moore, Orange Coast College, 2701 Fairview Road, Costa Mesa; and Doctor Wayne E. Kraiss, Southern California College, 2525 Newport Boulevard, Costa Mesa. A letter from the Costa Mesa County Water District, 77 Fair Drive, Costa Mesa, requests that their property at 111 Fair Drive not be considered for rezoning at this time due to the pending sale of the property. Subse- quent to receipt of this letter, and prior to the Council meeting, the sale of this property to the City was consummated. A motion by Vice Mayor Hammett to adopt the recommendations listed in the Study document with the exception of Nos. 3 and 4 on Page 20, died for lack of.a second. John Cashion and Phil Lyons, 1300 Quail Street, Newport Beach, and Bill St. Clair, 2340 Newport Boulevard, Costa Mesa, spoke in opposition to the recommendation for R3 -CP zoning for Parcel 1. Tom Nelson, 283 Lilac Lane, Costa Mesa, spoke in support of staff's recommendation on Page 20, Item 4, concerning an alternate land use for the Fairgrounds. Pat McGregor, Princeton Drive, Costa Mesa, favors the development of a library on Parcel 5. Russell Millar, 223 Wellesley Lane, Costa Mesa, endorsed Mrs. McGregor's position. Robert A. Oman, 2436 Littleton Place, Costa Mesa, opposed the library concept on Parcel 5 and suggested that Parcel 3 would be a far superior location for this use. Paul Diehl, 1093 Santa Cruz Circle, Costa Mesa, requested consideration of a library site in the north part of Costa Mesa. Doug Clark of the Planning staff presented Issue No. 1 of the Study which asks the question, what actions will be required to realize the potential of the open space corridor and the regional greenbelt? There.being no speakers on this item, the Mayor closed the public hearing,. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, Recommendations 1 and 2 on Page 10 of the Civic.Center Study were approved. The next issue for consideration concerns what actions must be considered to insure that Fair Drive and Del Mar Avenue are developed to their full potential to enhance and maintain a positive Civic Center image. There being no speakers on this item,'a motion was made by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, to close the public hearing. On motion by Vice Mayor Hammett, seconded by Council- man McFarland, and carried, Recommendations 1 through 4 on Page 15 -of the Civic Center Study were approved. Issue 3 was presented concerning how the City can insure that the redevelopment of the Fairgrounds is compatible with existing uses in the Civic Center district, with adjacent residential uses, and with the surrounding community. There being no speakers on this item, Vice Mayor Hammett made a motion, seconded by Councilman McFarland, and carried, to close the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, Recommendations 1 and 2 on Page 20 of the Civic Center Study were approved; Recommendation 3 was amended to read, "Planning Commission and City Council should review and have public discussion on the final Master Plan for the Fairgrounds"; and Recommendation 4,was deleted. Recess Vice Mayor Hammett suggested that the remaining items on the Civic Center Study be continued after the regular business and called for a recess at this time which was duly seconded and carried. The meeting reconvened at 9:55 p.m. Trailer The Clerk presented a request from Paul L. Mahaffey, Permit Costa Mesa Christian School, 740 West Wilson Street, to allow a 10 -foot by 43 -foot trailer to become a Costa Mesa permanent facility for library purposes at that Christian address. The Planning Department recommended denial. School The applicant was present to answer questions from the Council. After discussion, on motion by Council- woman Smallwood, seconded by Councilwoman Hertzog, and carried, approval was given for the trailer to remain on the property for an additional year. , Commercial The Clerk presented the next item for discussion, an Vehicle ordinance concerning commercial vehicle parking, and Parking a proposed ordinance concerning heavy objects in the City right-of-way. Mrs. Harper, a resident on Bay Street, and Donna Metseff, 263 1/2 Broadway, Costa Mesa, asked questions concerning the proposed ordinances. On motion by Councilwoman Smallwood, Ordinance 76-40 seconded by Councilman McFarland, Ordinance 76-40, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 10 OF THE COSTA MESA MUNICIPAL CODE REGU- LATING THE PARKING OF CERTAIN VEHICLES ON MUNICIPAL STREETS, was given first reading and passed to. second reading -by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None �I 1 73 Materials On motion by Councilman McFarland, seconded by and Devices Councilwoman Smallwood, Ordinance 76-41, being AN on City ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Rights -of -Way MESA, CALIFORNIA, ADDING CHAPTER VII TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE REGULATING THE PLACE - Ordinance 76-41 MENT AND MAINTENANCE OF CERTAIN MATERIALS AND First Reading DEVICES, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ZE-76-81A Application for Zone Exception ZE-76-81A, Howard Chace Chace, 436 - 62nd Street, Newport Beach, for a variance to construct.a triplex with a six percent density deviation (2,826 square feet per unit) and a rear yard encroachment, in an R2 zone located at 178 Cecil Place, was presented. An Exempt Declara- tion of Environmental Impact has been filed. No communications have been received. The Planning Commission recommended approval subject to condi- tions. The applicant was present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-112 Application for Zone Exception ZE-76-112, Jaws, Jaws Incorporated, 2285 Newport Boulevard, Costa Mesa, for a Conditional Use Permit for an existing night club to allow off-site parking on an adjacent parcel in a C2 zone, located at that address, was presented. An Exempt Declaration of Environmental Impact has been filed. No communications have been received. The Planning Commission recommended approval subject to conditions. John Bellamy, representing the applicant, was present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation approved subject to conditions as recommended by the Planning Commission. Business An application for an entertainment permit for Jaws, Permit Incorporated, 2285 Newport Boulevard, Costa Mesa, was presented. The Finance Director recommended approval Jaws subject to conditions. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the permit was approved subject to conditions as recommended by the Finance Director. ZE-76-121 Application for Zone Exception ZE-76-121, Jeffrey Welles Welles, 9815 Jamaica Circle, Huntington Beach, for a Conditional Use Permit to allow off-site parking in conjunction with the expansion of an existing restaurant, in a C2 zone located at 3000 Bristol Street, was presented. An Exempt Declaration of Environmental Impact has been filed. No communica- tions have been received. The Planning Commission recommended approval subject to conditions. The applicant was present and agreed to the conditions. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Exempt Declaration of Environmental Impact.was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission, with Condi- tion No. 14 added to require the off-site parking spaces to be designated for employee use. ZE-76-123 Application for Zone Exception ZE-76-123, Harold Harriman Harriman, 3221 Nebraska Place, Costa Mesa, fora Conditional Use Permit to construct 10 apartment units to meet CP standards in an R4 -CP zone, located at 2032 Wallace Street, was presented. A Negative Declaration of Environmental Impact has been filed. The Planning recommended approval. subject to condi- tions. One communication in opposition to the request has been received from Mr. and Mrs. Ernest Kostlan, ownersof property at 2021, 2033, and 2035 Wallace Avenue. John Mancini and Harold Harriman were present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Councilwoman Her.tzog, and carried, the Negative 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-76-126 Application for Zone Exception ZE-76-126, Ronald Ishii Ishii, 881 South -Tustin Avenue, Orange, for a variance from parking, landscaping, and loading area screening standards, to allow construction of a 21,600 square foot industrial building in an MG zone, located at 750 West 17th Street, was pre- sented. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Mr. P. A. Cassel, owner of the subject property, was present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, the Negative Declaration of Environmental Impact was accepted as meeting .the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-127 Application for Zone Exception ZE-76-127, Janes Janes Company Company, 17965 Sky Park, Suite F, Irvine, for a Conditional Use Permit for 42 apartment units to meet CP standards in an R4 -CP zone, located at 2650 Harla Avenue, was presented. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval sub- ject to conditions. No communications have been received. George Alvarez, representing the applicant, was present and agreed to the condi- tions. On motion by Councilwoman Hertzog, seconded by Councilwoman Smallwood, and carried, Councilman McFarland voting no, .the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission.' ZE-76-129 The Planning Director presented an application for Zorger Zone Exception ZE-76-129, John Zorger, Jr., 1387 Galway Lane, -Costa Mesa, for a variance for encroach- ment into the required front setback to allow a room addition to an existing single-family home in an Rl zone, located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications have been received. The applicant was present and spoke in support of the request. On motion by 1 1 1 Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved. ZE-76-130 Application for Zone Exception ZE-76-130, Coast Coast Apartments, 2845 East Coast Highway, Corona del Apartments Mar; for a variance from parking requirements (number and dimension), and from the rear setback requirement for modification of parking facilities in conjunction with existing apartments in an R2 zone, located at 175, 177, and 181 - 22nd Street, was presented. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval subject to condi- tions. No communications have been received. Darrell Starnes, representing the applicant, was present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-131 Application for Zone Exception ZE-76-131, Peter Nourse Nourse, 423 Avocado Avenue, Corona del Mar, for a variance for a five percent density deviation (one unit per 2,876 square feet), and from the rear setback and parking stall dimensions, to allow construction of seven apartments in an R2 zone, located at 2446 -,Elden Avenue. A Negative Declara- tion of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to the conditions. On motion by Councilwoman Small- wood, seconded by Councilwoman Hertzog, and carried, the Negative Declaration.of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE=76-132 The Director of Planning presented an application American for Zone Exception ZE-76-132, American Institute of Institute Massage, 573 West 19th Street, Costa Mesa, for a of Massage Conditional Use Permit to establish a school of massage with off-site parking, and a -variance from Denied landscape requirements in a C2 zone, located at 571 West 19th Street. An Exempt Declaration of Environ- mental Impact.has been filed. The Planning Commission recommended denial. The Redevelopment Agency.recom- mended denial. One communication in opposition to the request was received from Western Business Services, Incorporated, 563 West 19th Street, Costa Mesa. The applicant was not present. On motion by Vice -Mayor Hammett, seconded by Councilwoman Hertzog, and carried, the application was denied as recommended by the Planning Commission. ZE-76-133 The Director of Planning -presented an application Van Sweden for Zone Exception ZE-76-133, Robert Van Sweden, 254 Nassau Road, Costa Mesa, for a variance for encroach- ment into.the required rear.yard to allow an addition of a garage to an existing single-family home in an Rl zone, located at that address. An Exempt Declara- tion of Environmental .Impact has been filed. The Planning Commission recommended denial. No communi- cations have been received. The applicant was present and spoke in support of the request. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood,, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to four conditions recommended by staff. Public Hearing At this time, the public hearing concerning the Civic (Continued) Center Study was continued. Issue 4 of the Study was Civic Center presented. This issue discusses whether or not a Study library facility should be constructed in the Civic Center area. There being no speakers on this item, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Recommendations 1 and 2 on Page 31 of the Civic Center Study were approved. Issue 5 of the Study was presented. This issue concerns whether or _ not the City should impose additional development standards and/or require design review of develop- ments in the Civic Center district. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Recommendations 1 and 2 on Pages 34 and 35 of the Civic Center Study were approved. Issue 6 of the Study was presented. This issue deals..with the General Plan designation and land uses of the properties identified in the Study as Parcels 1 through 6. There being noe.sp.eakers on this item, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried; the staff was authorized to initiate rezones as follows: Parcels 2 and 3, to I and R (Institutional and Recreational), and Parcel 4 to R3 -CP. Parcel 1 was referred to staff for further study to be brought back for consideration in 30 days. Parcels 5 and 6 are to remain as presently designated, as recommended by the Study. . Increased On motion by Vice Mayor Hammett, seconded by Council - Speed Limit on woman Smallwood, Ordinance 76-42, being AN ORDINANCE Placentia OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Avenue FORNIA, AMENDING SECTION 10-331 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO INCREASE SPEED Ordinance 76-42 LIMITS ON PLACENTIA AVENUE, was given first reading First Reading and passed to second reading by the following roll call vote: AYES: Council Members: Hammett, Hertzog, Smallwood NOES: Council Members: Raciti, McFarland ABSENT: Council Members: None Oral Bill St. Clair spoke in opposition to the afternoon Communications Council meeting sessions. Business Permit Larry Weinstein, 1720 Catalina Street, Laguna Beach, requested approval of a Business Permit to hold a Weinstein one -day concert September 4, 1976, at the Orange County Fairgrounds. After discussion, on motion by Councilwoman Smallwood, seconded by Councilman' McFarland, and carried, the permit was approved subject to receipt of written notification from the Fair Board that the applicant has met their require- ments. Councilmanic Councilman McFarland discussed the applications for Comments Social Revenue Sharing. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, Nicholas Varzak was appointed to fill the vacancy on the Nonprofit Cor- poration Board. Adjournment The Mayor declared the meeting adjourned at 11:50 p.m. to an Executive Session on August 30, 1976, at 5:30 p.m., in the Fifth Floor Conference Room of City Hall. Following the Executive Session, the Council will meet in an adjourned Regular Session at 6:30'p.m., in the Council Chambers of City Hall. ayor of th ty 'of Costa Mesa ATTEST: City Clerk of the City of Costa M-64 1 1 37