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HomeMy WebLinkAbout09/07/1976 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 7, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., September 7, 1976, in the Council Chambers of City Hall, 77 fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Dr. Earl Isbell, First United Methodist Church. Roll Call Council Members Present: Raciti, Hammett, Hertzog, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/City Engineer Deputy City Clerk Minutes The Mayor declared the Minutes of the adjourned August 16, 1976.; ..-regular meeting of August 16, 1976, and the regular meeting of August 16, 1976, approved as distributed and -posted as there were no corrections. Proclamation On -motion by Councilwoman Smallwood, seconded by Constitution -Vice-Mayor Hammett, and carried, a proclamation Week = declaring September 13 through 18, 1976, as Constitution Week, was approved. Proclamation _ On motion by Councilwoman Hertzog, seconded by Leukemia Councilman McFarland, and carried, a proclamation Week ..... declaring September 19 through 25, 1976, as Leukemia Week, was approved. Ordinances On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, all ordinances will be read by title only. R-76-28 On motion by Vice Mayor Hammett, seconded by Councilman McFarland, Ordinance 76-39, being AN Ordinance 76-39 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Adopted COSTA MESA, CALIFORNIA, PREZONING CERTAIN UNINCOR- PORATED TERRITORY ADJOINING THE CITY BOUNDRY, FROM COUNTY R4 TO CITY R2 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Commercial On motion by Councilwoman Smallwood, seconded by Vehicle Vice Mayor Hammett, Ordinance 76-40, being AN Parking ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF Ordinance 76-40 TITLE 10 OF THE COSTA MESA MUNICIPAL CODE REGULAT- Adopted ING THE PARKING OF CERTAIN VEHICLES ON MUNICIPAL STREETS, was given second reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 1 1 CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 29(e), Bid Item No. 320, Maintenance Service to the Air Condition- ing System; and Item 32, Bristol Park Medical Group annual renewal for physical examinations for City employees. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, the remaining Consent Calendar items were approved in one motion, by the following roll call vote: AYES: Council Members: Raciti, Hanunett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Historical A letter from the Costa Mesa Historical Society, Society expressing appreciation for the City's financial assistance for a storage facility, and assuming all liability for stored items, was received and processed. Sister City A letter from Mayor Sadao Sakamoto, expressing of Mitaka, regrets that the City of Mitaka, Japan, is not Japan able to enter into a Sister City agreement with the City of Costa Mesa at this time, was received and processed. Materials On motion by Councilman McFarland, seconded by and Devices Councilwoman Hertzog, 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 Ordinance 76-41 PLACEMENT AND MAINTENANCE OF CERTAIN MATERIALS AND Adopted DEVICES, was given second reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Speed Limit On motion by Councilwoman Smallwood, seconded by Increase on Councilwoman Hertzog, Ordinance 76-42, being AN Placentia ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Avenue MESA, CALIFORNIA, AMENDING SECTION 10-331 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO INCREASE Ordinance 76-42 SPEED LIMITS ON PLACENTIA AVENUE, was given second Adopted reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Merging of On motion by Councilman McFarland, seconded by Parking Councilwoman Hertzog, Ordinance 76-43, being AN Districts ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MERGING THE TWO COMMISSIONS FOR Ordinance 76-43 VEHICLE PARKING DISTRICTS 1 AND 2 INTO ONE COMMIS - Adopted SION AND APPOINTING THE -REDEVELOPMENT AGENCY BOARD MEMBERS AS THE NEW COMMISSION, was given second reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 29(e), Bid Item No. 320, Maintenance Service to the Air Condition- ing System; and Item 32, Bristol Park Medical Group annual renewal for physical examinations for City employees. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, the remaining Consent Calendar items were approved in one motion, by the following roll call vote: AYES: Council Members: Raciti, Hanunett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Historical A letter from the Costa Mesa Historical Society, Society expressing appreciation for the City's financial assistance for a storage facility, and assuming all liability for stored items, was received and processed. Sister City A letter from Mayor Sadao Sakamoto, expressing of Mitaka, regrets that the City of Mitaka, Japan, is not Japan able to enter into a Sister City agreement with the City of Costa Mesa at this time, was received and processed. 39� Bicentennial A final report from the United States Bicentennial Committee Committee of Costa Mesa, was received and processed. Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Department of Letter from the Director of the Department of Transportation Transportation listing locations that qualify for a share of the landscape funding available through their 1976 Six -Year Highway Program. Public A Notice of Filing in the matter of the Utilities application from Southern California Gas Commission Company, under Section 1001 of the Public Utilities. Code, for a certificate that the public convenience and necessity require the Local Agency construction and operation of a propane -air - Formation natural gas mixing facility to be located in Commission Wilmington, California, to provide interim additional gas volumes; and under Section 454 of the Public Utilities Code, for authoriza- tion to expand purchased gas adjustment procedures to include a propane -air project. Order Instituting Investigation filed by the Commission regarding joint investigation by the Commission and the Energy Resources Con- servation and Development Commission into the availability and potential use of solar energy in California. Pacific Gas and Electric Company, San Diego Gas and Electric Company, Southern California Gas Company, Southern California Edison Company, Los Angeles Department of Water and Power, Sacramento Municipal Utility -District, and the City of Santa Clara Municipal Electric Department, respondents. Western Union Notice that the Western Union Telegraph Telegraph Company has filed the following application Rate Changes with the California Public Utilities Commis- sion to revise its rates, applicable to public message telegram and money order services in conformity with similar tariff provisions applicable.to interstate service: (a) The basic telegram rate is being increased from $3.75 to $4.75 for 15 words and the basic overnight telegram from $3.00 to $4.00 for 100 words. No change is being made in additional word rates; and (b) The money order rate is being increased $1.00. Local Agency Notice of Public Hearing from the Orange Formation County Local Agency Formation Commission, Commission said hearing scheduled for September 9, 1976, at 2:00 p.m., Room 503, 515 North Sycamore Street,. Santa Ana, concerning a proposed annexation to the Costa Mesa Sanitary District, designated Engineer's No. 165 Annexation, located north of Paularino Avenue and west of the Newport Freeway. "All River Plan" Letter from Senator John V. Tunney expressing appreciation for the City's Resolution 76-85 concerning the "All River Plan" for the Santa Ana River Project dated July 19, 1976, and offering his future assistance in this matter. Regional Park A resolution from the City of Garden Grove recognizing the concern of the citizens of West Orange County as to the need for a Regional Park. 1 i 1 1 1 Tax Relief Resolutions from the cities of Garden Grove and Villa Park urging all State Legislators to review and reform the property tax structure and to enact such appropriate legislation.as may be deemed necessary to provide property tax relief to homeowners. Orange County A resolution from the City of Orange, express - Youth Expo ing support for the Orange County Youth Expo, to:be co-sponsored by the 'Fountain Valley and Garden Grove Youth Commission. Olympic Games A resolution from the City of Buena Park Tax Support urging Congressional legislation to permit individual taxpayers to allocate a portion of their Federal income tax to support the United States participation in the Olympic Games. Gas Tax A resolution from the City of Yorba Linda declaring its opposition to Senate Bill 100 regarding an increase in gas tax. Claims The following claims were received by the City Clerk and no action is required: Attorney Joseph E. Hitzman on behalf of Ormond Preston Moye; Allstate Insurance Company on behalf of Connie Dice, also known as Connie Deming; Thomas Norville on behalf of Mary Norville; and Barry Pantel. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Licenses Planning Department: Henry Haven Burke and Richard Oliver Schlesinger, doing business as Rampart -Athletic Club, 254 Victoria Street; Marc Arthur Landry, doing business as Mesa Village Liquor, 1011 El Camino Drive; Oliver's, Incorporated, doing business as Oliver's Restaurant, 3000 Bristol Street; Mildred F. Starich, doing business as the "Lotus Room", 1548-F Adams Avenue; and End - Vina K. Tso, doing business as Colonial Reading Folder Kitchen, 512 West 19th Street. Business Notice of Intention to Solicit for Charitable Purpose Permits from Leukemia Society of America, Incorporated, Tri - County Chapter, 9778 Katella Avenue, Anaheim, by Luekemia door-to-door solicitation, September 15 through 30, Society 1976, was approved as recommended by the Director of Finance. KOCE-TV Notice of Intention to Solicit for Charitable Purpose from KOCE-TV (Channel 50), Telecommunications Center, Coast Community College District, 15744 Golden West Street, Huntington Beach, by a wine tasting and gourmet food sampling evening at South Coast Plaza, September 26, 1976, from 7:00 p.m. to 10:00 p.m., was approved as recommended by the Director of Finance. Disabled Notice of Intention to Solicit for Charitable Purpose American from the Disabled American Veterans, Chapter 23, 201 Veterans South Sullivan Avenue, Santa Ana, October 15 through November 13, 1976, was approved as recommended by the Director of Finance. Chalon A request from Chalon Adventures, Incorporated, Rene Adventures Devigne, President, 725 Baker Street, Costa Mesa, for an entertainment permit at that address, was approved as recommended by the Director of Finance. 9 ti Segerstrom A request from Mesa Verde Center - Segerstrom Company Company, 1010 North Main Street, Santa Ana, for a Sock -hop dance at the Mesa Verde Shopping Center, September 18, 1976, from 1:00 p.m. to 3:00 p.m., was approved as recommended by the Director of Finance. Trailer Permit A request from Zoran Vidanovic, Design/2, 782 West 20th Street, Costa Mesa, to locate a temporary Design/2 trailer to serve as a sales office for the Village Creek project, located on Bear Street north of Sunflower Avenue, for a period of four months, was approved as recommended by the Planning Department. Set for Public The following items were set for public hearing on Hearing the dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: GP -76-2A Revised General Plan Amendment GP -76-2A, Revised, - Argyros George L. Argyros, 1651 East Fourth Street, September 20, 1976 Suite 150, Santa Ana, for permission to amend the Land Use designation of property located north of the San Diego Freeway, west of Bear Street, east of San Leandro Road, and south of Wakeham Park, from Public and Semi-public to Medium Density Residential; and amended Environmental Impact Report. R-76-33 Rezone Petition R-76-33, Costa Mesa Planning September 20, 1976 Commission, for permission to rezone property located at the northwest corner of Harbor Boulevard and the San Diego Freeway, from C1 -CP to CL, in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. Proposed On motion by Vice Mayor Hammett, seconded by Abandonment - Councilwoman Smallwood, Resolution 76-108, Bear Street being A RESOLUTION OF THE CITY COUNCIL OF THE and Paularino CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS Avenue INTENTION TO ORDER THE VACATION OF A PORTION OF LOTS 1, 2, AND 3, BLOCK "C", BERRY TRACT; Resolution 76-108 AND A PORTION OF LOTS 1, 2, AND 3, BLOCK "B", Hearing Set BERRY TRACT; LOCATED IN THE GENERAL AREA OF October 4, 1976 BEAR STREET AND PAULARINO AVENUE IN THE VICINITY OF THE CORONA DEL MAR FREEWAY, setting the public hearing for October 4, 1976, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Proposed On motion by Vice Mayor Hammett, seconded by Abandonment - Councilwoman Smallwood, Resolution 76-109, Fairview Road being A RESOLUTION OF THE CITY COUNCIL OF THE and Arlington CITY OF COSTA MESA, CALIFORNIA; DECLARING ITS Drive INTENTION TO ORDER THE VACATION OF A PORTION OF LOT A, BANNING TRACT, LOCATED AT THE NORTH - Resolution 76-109 WEST CORNER OF FAIRVIEW ROAD AND ARLINGTON Hearing Set DRIVE, setting the public hearing for October 4, October 4, 1976 1976, 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 Finance Director, a refund of $5.00 to M. Harte, 3281 Washington Avenue, Costa Harte Mesa, on Animal License No. 1108, as duplicate pay- ment was made, was approved by the following roll call vote: 1 1 AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Johnson On recommendation by the Finance Director, a refund of $25.00 to Kenneth E. Johnson, 13909 East Walnut Street, Whittier, on a business license purchased in error, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Emco Wheaton On recommendation by the Finance Director, a refund of $45.00 to Emco Wheaton, Incorporated, Chamberlain Boulevard, Conneaut, Ohio, on Business License No. 73, 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 Sidestreet On recommendation by the Finance Director,, a refund of $18.00 to Sidestreet, 1834 Newport Boulevard, Costa Mesa, on Business License No. 2468, as dupli- cate 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 Pedersen On recommendation by the Finance Director, a refund of $40.00 to K. Allen Pedersen, DDS, 1875 Newport Boulevard, Costa Mesa, on Business License No. 3390, 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 Criswell On recommendation by the Finance Director, a refund of $25.00 to Gloria Criswell, 100 Calle Patrecia, San Clemente, on Business License No. 5260, 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 Dream Clean On recommendation by the Finance Director, a refund Carpet and of $10.00 to Dream Clean Carpet and Upholstery Upholstery Cleaning, Route 1, Niangua, Missouri, on Business Cleaning License No. 7923, due to relocation, was approved by the -following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Pacific On recommendation by the Finance Director, a refund Seacraft of $25.00 to Pacific Seacraft Corporation, 350 Kalmus Drive, Costa Mesa, on Business License No. 10410, representing an overpayment, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None - Buds On recommendation by the Finance Director, a refund International of $28.50 to Buds International Cuisine, 597 West Cuisine 19th Street, Costa Mesa, on Business License No. 8076, 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 Applied On recommendation by the Finance Director, a refund Memory - of $140.00 to Applied Memory Technology, 3001'Red Technology Hill Avenue, Costa Mesa, on Business License No. 7924, representing an overpayment, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Stennett On recommendation by the Street Superintendent, a .xefund .of $100.00 to Syl-na 1.. Steni tt,..2569--B Orange Avenue, Costa Mesa, on Permit No. 1207, for curb painting work 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 Bild On recommendation by the Director of Building Safety, a refund of $23.80 to Don Bild,,370 La Perle Lane, Costa Mesa, on Building Permit No. 42204, as project at that address has been cancelled, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Aqua Spa On recommendation by the Street Superintendent, Pools refund of a $100.00 pool construction bond to Aqua Spa Pools, 18002 Irvine Boulevard, Tustin, on Permit No. 1076, as construction has been completed at 2923 Clubhouse Road, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Drury Lane On recommendation by the Street Superintendent, a refund of $100.00 to Drury Lane, 211 Walnut Street, Costa Mesa, on Permit No. 9250, for curb painting work 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 Bid Item 322 Bids received for Bid Item 322, Leasing of Police Leasing of Vehicles, are on file in the Clerk's office. On Police motion by Vice Mayor Hammett, seconded by Council - Vehicles woman Smallwood, and carried, the City Manager was authorized to enter into negotiations with the two Negotiations lowest bidders, Atlas Chrysler -Plymouth, Costa Mesa; Authorized and Theodore Robins Leasing Company, Costa Mesa. A recommendation for award will follow thereafter. Medians and Bids recieved for the Construction of Medians and Welcome Sign Welcome Sign on Adams Avenue are on file in the on Adams Clerk's office. On motion by Vice Mayor Hammett, Avenue seconded by Councilwoman Smallwood, the contract was awarded to Bayside Builders, Incorporated, Awarded 13217 Harbor Boulevard, Garden Grove, Alternate Bayside 1-A, in the amount of $22,240.00, being the lowest Builders 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 315 Bids received for Bid Item 315, Fire Hose 3 inches, Fire Hose 4,100 feet, are on file in the Clerk's office. On motion by Vice Mayor Hammett., seconded by Council - Awarded woman Smallwood, the bid was awarded to Wardlaw Wardlaw Fire Fire Equipment Company, Post Office Box 2088, Equipment La Habra, in the amount of $10,004.00, being the lowest bid meeting specifications, by the follow- ing roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 316 Bids received for Bid Item 316, Fire Hose 2-1/2 Fire Hose inches, 2,000 feet, are on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded Awarded by Councilwoman Smallwood, the bid was awarded to Wardlaw Fire Wardlaw Fire Equipment Company, Post Office Box Equipment 2088, La Habra, in the amount of $3,180.00, 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 Federal Aid On motion by Vice Mayor Hammett, seconded by Urban System Councilwoman Smallwood, Resolution 76-110, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Resolution 76-110 COSTA MESA, REQUESTING APPROVAL OF THE CLASSIFI- CATIONS, SYSTEMS, AND BOUNDARIES OF THE 1980. FUNCTIONAL USAGE STUDY CONCERNING THE STREETS WITHIN THE CITY OF COSTA MESA UNDER THE 1973 FEDERAL AID HIGHWAY ACT, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Tract 9083 - On motion by Vice Mayor Hammett, seconded by Arthofer and Councilwoman Smallwood, a request from Arthof er Howard and Howard Development Company, Incorporated, to waive the drainage fee on Tract 9083, was approved; and the request for total reimbursement of drainage facility costs was denied, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Conference A request for a Conference Advance for a Police Advance Officer to attend the Political Violence and Terrorism Seminar in San Luis Obispo, September 19 through 24, 1976, in the amount of $205.00, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Trailer Permit 'On motion by Vice Mayor Hammett, seconded by - Spoiler Councilwoman Smallwood, and carried, the matter of Yachts the Spoiler Yachts trailer permit was scheduled to be considered by the Council on September 20, 1976, Hearing Set and the applicant invited to show cause why the permit should not be revoked. Notice of The construction of Fairview Road, Phase II, AHFP Completion No: 742, has been completed -by Fleming Construction Fairview Road Company, 13809 Artesia Boulevard, Cerritos, to the Phase II - satisfaction of the Director of Public Services, AHFP No. 742 On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, the work was accepted, the Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Notice of The Landscape Development of the Northeast Embankment Completion at Bear Street and the San Diego Freeway, Project No. Landscaping 75-11-3-L.S., has been completed by Parkview Landscape at Bear Street and Sprinkler Company, 511 Cypress Avenue, Hermosa and San Diego Beach, to the satisfaction of the Director of Leisure Freeway Services. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, the work was accepted, the Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Notice of The construction of the Spectator Pavilon.at.TeWinkle Completion Park, Project No. 76-2-1-L.S., has been completed by Spectator Bayside Builders, 13217 Harbor Boulevard, Garden Grove, Pavilion to the satisfaction of the Director of Leisure Services. at TeWinkle _ On motion by Vice Mayor Hammett, seconded by Council - Park woman Smallwood, the work was accepted, the Clerk was i 1 1 authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the follow- ing roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Notice of The Landscape Development of Gisler Park, Project Completion No. 75-12-1-L.S., has been completed by West Con Landscape Construction Company, 1732 Kaiser Avenue, Irvine, Development to the satisfaction of the Director of Leisure of Gisler Park Services. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, the work was accepted, the Clerk was authorized to file a Notice of Comple- the renewal of services was approved by the follow- tion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None NOES: Council Members: None ABSENT: Council Members: None ZE-75-43. The improvements in connection with Zone Exception Improvements ZE-75-43 have been completed by Charles Amash, Warrant 2956 Bristol Street, Costa Mesa, to the satisfaction of the Director of Public Services. On motion by man McFarland, Warrant Resolution 951 was approved by Vice Mayor Hammett, seconded by Councilwoman Small- wood, the work was accepted, and performance.deposit Check No. 0694-23851 in the amount of $5,000.00, AYES: Council Members: Raciti, Hammett, was ordered exonerated, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 320 Item 29 (e) on the Consent Calendar, Award of.Bid Maintenance Item 320, Maintenance Service for the Air Condition - Service for ing System, was presented. On motion by Councilwoman Air Conditioner Hertzog, seconded by Vice Mayor Hammett, and carried, this item was held over to the meeting of Septem- Held Over ber 20, 1976. Bristol Park Item 32 on the Consent Calendar, Bristol Park Medical Medical Group Group annual renewal for physical examinations for Annual Renewal, City employees, was presented. On motion by Council- woman Smallwood, seconded by Councilwoman Hertzog, the renewal of services was approved by the follow- ing roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Vice Mayor Hammett, seconded by Council - Resolution 951 man McFarland, Warrant Resolution 951 was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilwoman Hertzog, seconded by Resolution 952 Councilman McFarland, Warrant Resolution 952, including Payroll 7617, was approved by the follow- ing roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman McFarland, seconded by Council - Resolution 953 woman Hertzog, Warrant Resolution 953 was approved by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Claim - The City Attorney presented the claim of Attorney Gillespie Coralee Briggs on behalf of Ofelia Lita Gillespie, and recommended that it be denied as there was no Denied liability on the part of the City. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the claim was denied. Agreement - The City Manager presented an agreement between the Martinez City and Eloy Martinez and Della Martinez for acquisi- tion of property for the "Super Block", Parcel 3. "Super Block" The agreement stipulates a payment of $43,000.00, and for escrow to terminate as soon as possible. On motion by Councilwoman Hertzog, seconded by Councilman McFar- land, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - The City Manager presented an agreement between the Means City and Esther B. Means for acquisition of property for the "Super Block", Parcel 6. The agreement "Super Block" stipulates a payment of $36,000.00 and escrow to close as soon as possible. On motion by Council- woman Hertzog, seconded by Councilwoman Smallwood, 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 Revenue The City Manager presented the following recommenda- Sharing tions for allocation of a portion of the $75,000.00 Funds of Federal Revenue Sharing funds set aside for social services last May: Family Crisis Center (YMCA), 420 West 19th Street, Costa Mesa, $16,656.00; Family Development Program, Incorporated, 362 Ocean Avenue, Laguna Beach, $16,195.00; Orange County Mental Health (The Shelter), 170 Del Mar Avenue, Costa Mesa, $8,100.00; Volunteer Action Center (RSVP), 1714 West Balboa Boulevard, Newport Beach, $7,000.00; and Youth Employment Service, 1801 Newport Boulevard, Costa Mesa, $1,950, for a total of $49,901.00. It was recommended that the remaining funds be set aside so that other programs and/or agencies may apply or 11 1 1 re-apply for funds. Vice Mayor Hammett asked that additional funds be allocated to the Youth Employment Service to make this service more widely known within the City, and was assured that additional funds would be available to them if they are required. On motion by Councilwoman Hertzog, seconded by Councilwoman Smallwood, the recommendations were approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Pinecreek-Adams The City Manager presented a request for partial Apartments - exoneration of a $50,0.00.00 deposit in connection Lyons and with street improvements for the Pinecreek-Adams Cashion Apartments. Ninety-five percent of the improvements have been completed by Lyons and Cashion, developers, Exoneration of 1300 Quail Street, Newport Beach, to the satisfaction Cash-Deposit of the Director of Public Services. On motion by Councilwoman Hertzog, seconded by Councilman McFar- land, a refund of $47,500.00, representing 95 percent of the total deposit,.was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Deputy City Clerk announced that this was the R-76-2A time and place set for the public hearing, continued Sewell from the meeting of August 16, 1976, for Rezone Petition R-76-2A, Richard Sewell, Incorporated, 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 R3-CP and R4-CP in conformance with the General Plan. The affidavit of publication is on file in the Clerk's ZE-76-136A office. Also presented at this time was Zone Excep- tion ZE-76-136A, for a Conditional Use Permit to construct 114 apartments and 35 triplexes to meet CP standards with variances from lot size, density, setback, and parking standards at the location indicated above. Additionally, Tentative Map of Tentative Map Tract 9474-A, for permission to divide property into of Tract 9474-A 37 lots, at the location shown above, was presented. Negative Declarations of Environmental Impact have been filed for all three items. No communications have been received. The Planning Commission recom- mended approval of all three requests subject to conditions. Dick Hanchet, 811 St. Clair Street, Costa Mesa, questioned the ratio of parking spaces to allotted units and made comparisons with an apart- ment complex at Bear Street and Paularino Avenue where parking has become a problem. After discussion, Councilwoman Hertzog asked the staff to investigate the parking problem at this complex to determine if there is a shortage of parking spaces, or if the residents simply prefer not to park in the allocated spaces. Mr. Sewell was present to answer questions from the Council and presented slides illustrating plot plans and elevations for his project. He reassured the Council that adequate parking has been provided based on the percentage of bachelor apart- ments planned, which require less parking than larger units. Mr. Sewell further illustrated how the design would minimize freeway noise and thereby utilize 602 Ordinance 76-44 First Reading Public Hearing Proposed Abandonment - Cibola Avenue and San Juan Surges Resolution 76-111 property that might otherwise be suitable only for industrial development. There being no other speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 76-44, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS ONE, TWO, NINE, AND TEN, BLOCK B; AND LOTS ONE AND TWO, BLOCK C, OF BERRY TRACT, FROM R1, R2, AND Al TO R3 -CP AND R4 -CP, 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 On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Zone Exception ZE-76-136A was approved subject to conditions as recommended by the Planning Commission. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the,Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Tentative Map of Tract 9474-A was approved subject to the conditions of Zone Exception ZE-76-136A as recommended by the Planning Commission, and the conditions outlined in the Assistant City Engineer's letter dated August 12, 1976. The Deputy City Clerk announced that this was the time and place set for the public hearing to consider the proposed abandonment of excess right-of-way located in the general area of the northeast corner of Cibola Avenue and San Juan Lane, requested by Barbara Surges, 2730 Cibola Avenue, Costa Mesa. An Exempt Declaration of Environmental Impact has been filed. No communica- tions have been received. The Planning Commission recommended approval subject to conditions. The affidavits of publishing and posting are on file in the Clerk's office. Mrs. Surges was present and asked that Condition No. 3 be wavied. The Director of Public Services expressed concern that the extension of the gate to the outside dimensions of the walk would obstruct the view of pedestrians and be a possible safety hazard. Discussion followed regarding the possible hazards involved. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Resolution 76-111, being -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF LOT 51, TRACT 4808, LOCATED IN THE GENERAL AREA OF THE NORTHEAST CORNER OF CIBOLA AVENUE AND SAN JUAN LANE, was adopted, subject to all conditions as recommended -by the Planning Commission, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 a Dr. Toto The Mayor presented a Scroll of Appreciation to Dr. Commended Anthony Toto, expressing gratitude for his dedication and many contributions to the community during the 13 years he served as Administrator at Fairview State Hospital.. Dr. Toto voiced appreciation for the under- standing and support he and the staff at Fairview received from all City personnel and assured the Council that he would continue to be closely involved with the City. Public Hearing The Deputy City Clerk announced that this was the Specific Plan time and place set for the public hearing for a for the proposed Specific Plan for the extension of Bear Extension of Street, located in the general area south of Baker Bear Street Street and the Corona del Mar Freeway, requested by the Costa Mesa Planning Commission. A Negative Declaration of Environmental Impact has been filed. The Affidavit of publication is on file in the Clerk's office. Three petitions with a total of 95 signatures have been received, opposing the proposal. The Director of Public Services presented the various plans that have been proposed to restore traffic flow to St. Clair Street which was disrupted by the con- struction of the Corona del Mar Freeway. He stated the most recent survey of residents in the area indicated 85 percent preferred the extension of St. Clair Street, rather than Bear Street. Joseph Kubick, 812 St. Clair Street, spoke in opposition to the proposed plan and questioned the validity of the Negative Declaration upon which the Planning Commis- sion based their recommendations. Mrs. Glen Wolmutt, 402 Fernhill Lane, Anaheim, owner of Lot 13, stated that she would agree to the new road only if provi- sion was made for ingress and egress to her property. The Director of Public Services agreed it was reasonable to assume this will be done. Dick Hanchett, 811 St. Clair Street, made a lengthy presentation to the Council in opposition to the proposed extension in which he -cited increased traffic, noise, pollution, and safety hazards in the proposed street design. There being no other speakers, the Mayor closed the public hearing, and discussion of these allegations and possible remedies followed. It was subsequently agreed that the extension of Bear Street to Baker Street would be in the best interest of the community at large, providing the speed limit was kept at approximately 25 miles per hour, and that the Director of Public Services consider the possibility of restricting truck use. On motion by Councilwoman Hertzog, seconded by Councilman McFar- land, Council accepted the staff report as the finding of the Council that a Negative Declaration of Environ - Resolution 76-112 mental Impact is warranted, and Resolution 76-112, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A SPECIFIC PLAN FOR THE EXTENSION OF BEAR STREET, 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 Deputy City Clerk announced that this was the R-76-31 time and place set for the public hearing for Rezone Gregory Petition R-76-31, J. H. Gregory, 1919 Newport Boule- vard, 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. The affidavit of publication is on file in the Clerk's office. Also presented at ZE-76-149 this time was the application for Zone Exception Denied ZE-76-149, for a Conditional Use Permit to construct ZE-76-146 41 apartment units with a variance for ten percent Harbor Assembly density deviation (2,693 square feet per unit), and of God Church encroachments into front and rear yard setbacks, at the located indicated above. Negative Declara- tions of Environmental Impact have been filed. No communications have been received. James Gregory Withdrawn was present and spoke in favor of the project citing drainage problems as the major cause of high off-site developmental costs necessitating the multi -unit development of this property. He added it would not be possible for him to develop this property with less than the R2 zoning. Speaking in opposition to the request were Costa Mesa residents: Scott McCullough, 2172 Pacific Avenue; Rhonda Weber, 2152 Pacific Avenue; Christine Maitland, 2197 Canyon Drive; Larry and Jim Ross,. 2157 Pacific Avenue; William Gilbert, 2172 Pacific Avenue; and Fran Murphy, 2210 Pacific Avenue, all voicing deep concern for potential problems relating to the density devia- tion, such as increased noise, traffic, crime rate, and asthetic undermining of the area. Julie Wygard, 2170 Pacific Avenue, presented figures relating to the increased traffic flow generated by high density zoning versus the maximum ideal daily flow rate, which studies indicate, has already been reached in this area. There being no other speakers, the Mayor closed the public hearing. Councilwoman Smallwood commended the speakers for being very articulate and well -versed. Vice Mayor Hammett suggested use of Public Works funds in areas such as this so that they could be developed at normal costs utilizing their full potential. After further discussion, on motion .• by Councilwoman Smallwood, seconded by Vice Mayor Hammett, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of Ordinance 76-45 the law, and Ordinance 76-45, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PREZONING 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: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None On motion by Councilwoman Smallwood, seconded by Vice 1 1 1 Mayor Hammett, and carried, application for Zone Exception ZE-76-149 was denied. ZE-76-146 An application for Zone Exception ZE776-146, Harbor Harbor Assembly Assembly of God Church, 740 West Wilson Street, Costa of God Church Mesa, for a Conditional Use Permit for expansion of playground facilities for existing church, in an R2 zone, located at that address, was presented out of order. The applicant, Pastor. Don Bibler, requested Withdrawn withdrawal of the application because he was unaware of the previous commitment to complete Joann Street at the time he requested the Zone Exception permit. Vice Mayor Hammett asked that the staff be directed to determine why Joann Street was not yet completed. Pastor Bibler replied that he had only recently learned of this previous commitment and assured the Council that the matter would be expedited within 90 days. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the application was withdrawn as requested by the applicant. 1 1 1 R-76-32 The Deputy City Clerk announced that this was the Dyer Johnson time and place set for the public hearing to consider Rezone Petition R-76-32, Dyer -Johnson, Incorporated, Denied 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. A communication in favor of the request was received from Marguerite Jurgens, 647 West 18th Street, Costa Mesa. The Planning Commission recommended changing the zoning from R2 to R2 -CP. The applicant was not present. There being no speakers, the Mayor closed the public hearing. Vice Mayor Hammett voiced opposition to the Planning Commission recommendation to add the CP designation in addition to denying the request for R4. Discussion followed with the recommendation made by the City Attorney that the Planning Commission initiate rezone proceed- ings to add the CP designation as a separate proceed- ing. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the request to rezone subject property from R2 to R4 was denied. On motion by Councilman McFarland, seconded by Council- woman Smallwood, and carried; Vice Mayor Hammett voting no, the Planning Commission was directed to initiate proceedings to rezone subject property from R2 to R2 -CP. TICMAP The City Manager presented a request from the Friends Coastal Area of Irvine Coast for a resolution or letter of support Between endorsing a County policy of maximum preservation for Newport Beach the coastal area between Newport Beach and Laguna and Laguna Beach within appropriate economic restraints. He Beach stated that the cities of Newport Beach, Irvine, and Laguna Beach have been involved in this attempt to preserve the Southern California coast for approxi- mately three years and have already indicated their support by appropriate resolutions, as had the County Board of Supervisors. Mark Ruthcroft, 2336 Elden Avenue, Costa Mesa, representing the Friends of Irvine Coast, spoke in support of the request stating that in order to procure the Federal funds necessary to initiate implementation of this property for public use, letters of support from interested cities would be required. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett voting no, the request for the City's support was approved. .Group Home The Deputy City Clerk presented a letter -petition for Girls containing 24 signatures of residents on Madagascar Street and Bermuda Drive, submitting for the Council's attention and resolution information pertaining to the presence of a Group Home for Girls, located at 3165 Bermuda Drive, in an R1 zone. The City Attorney advised Council of the two actions available: to include this operation in with litigation now pending regarding a similar board and care home on Sturgeon Avenue; or to initiate separate action. It was pointed out that the Group Home for Girls did not apply for a Zone Exception Permit. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, the City Attorney's office was directed to consolidate this case with the case in litigation, or to initiate separate action, whichever was deemed appropriate. ZE-76-115 The Director of Planning presented an application Southland for zone Exception-ZE-76-115; Southland Ventures, Ventures Incorporated, 330 East 17th Street, Costa Mesa, for a variance for reduction in required parking for a nightclub, in a C2 zone, located at that address. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A communication in opposition has been received from Mr. and Mrs. Byron C. Needham, 333 Cabrillo Street, Costa Mesa. Martin Davis, representing the applicant, was present and answered questions from the Council regarding available parking. Vice Mayor Hammett suggested a condition be added that should parking become a concern, the Zone Exception would be cancelled. Discussion followed as to the legality of limiting the permit to the present tenant and the City Attorney advised that the Zone Exception is granted to the property, and the only way it could be limited would be to restrict its applica- tion to current usage only. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Negative Declaration of Environ- mental Impact was accepted as meeting the require- ments of the law, and the application approved with the conditions amended as follows: Condition Nos. 1 and 2 deleted; Condition No. 3 amended to read, "Applicant shall make arrangements for the provision of an adequate number of off-site parking spaces for his customers on properties within the immediate area. These parking arrangements shall be subject to the approval of the Director of Planning." Condition No. 4 to remain as is. Addition of Condition No. 5 to read, "Approval of this Zone Exception Permit shall apply only to the subject use or same type of use, and any changes in use to something other than a bar or nightclub shall first be reviewed and approved by the City Council through appropriate zoning channels." ZE-76-98 The Director of Planning presented an application Lucius for Zone Exception ZE-76-98, Donald E. Lucius, 2763 Cibola Avenue, Costa Mesa, for a variance Denied from requirements for a 20 -foot by 20 -foot two -car garage, to allow legalization of garage conversion to living quarters, in an R1 zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. Communications in support of the request have been received from the following Costa Mesa residents: Robert A. Macleod, 2791 Cibola Avenue; Anthony D. Carpenter, 2747 Cibola Avenue; Jack Saenz, 2752 Cibola Avenue; Albert T. Naito, 2776 Cibola Avenue; James T. Moultrup, 2775 Cibola Avenue; Lee E. Spytman, 2781 Cibola Avenue; and Harry Sampson, 2790 Cibola Avenue. Communica- tions in opposition to the request have been received from James E. Bulger, 2765 San Juan Lane, Costa Mesa, and a petition from the following Costa Mesa residents: Mr. and Mrs. Francis L. Andreen, Jr., 2769 Cibola Avenue; Mr. and Mrs. Bruce Mosley, and Brian W. Mosley, 2758 Cibola Avenue; Mr. and Mrs. James R. Hill, 2757 Cibola Avenue; Mr. and Mrs. Joseph F. Krandoe, Jr., 2764 Cibola Avenue; and Frank Durante, 2770 Cibola Avenue. Dorothy and Donald Lucius were present and presented their rationale in support of the request. After discus- sion, on motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, the application was denied. ZE-76-137 The Director of Planning presented an application Gentosi for Zone Exception ZE-76-137, A. Gentosi,.1986 Orange Avenue, Costa Mesa, for a variance to allow encroachment into the side setback in conjunction with construction of a patio cover, in an Rl zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to condi- tions. No communications have been received. The applicant was present and agreed to the conditions. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation approved subject to conditions as recommended by the Planning Commission. ZE-76-140 The Director of Planning presented an application Pollock for Zone Exception ZE-76-140, Edgar H. Pollock, 8933-E-21 Biscayne Court, Huntington Beach, for a Conditional Use Permit to operate a Developmental Learning Center for children, in a Cl zone located at 2706 Harbor Boulevard, No. 203. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval. No communications have been received. Mrs. Pollock was present to answer questions from the Council. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, andcarried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved as recommended by the Planning Commission. ZE-76-141 The Director of Planning presented an application Jurgensen for Zone Exception ZE-76-141, Ron L. Jurgensen, 445 East 17th Street, Costa Mesa, for a variance for a four percent density increase (one unit per 2,876 square feet) to allow construction of seven apart- ment units, in an R2 zone located at 2448 Elden Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to the conditions. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, 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-76-142 The Director of Planning presented an application Jurgensen for Zone Exception ZE-76-142, Ron L. Jurgensen, 445 East 17th Street, Costa Mesa, for a variance for a three percent density increase (one unit per 2,907 square feet), to allow construction of 10 apartment units to comply with CP standards, in an R2 -CP zone located at 2078 Thurin Street. 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 condi- tions. 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-76-143 The Director of Planning presented an application Johnston for Zone Exception ZE-76-143, Ray N. Johnston, 253 Knox Place, Costa Mesa, for a variance for a 22 -foot Denied encroachment into the required rear setback to allow construction of an apartment over an existing garage, in an R2 zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. Commun- ications in opposition to the request have been received from the following Costa Mesa residents: Iva C. Hayes, 1578 Santa Ana Avenue; Floyd J. Beard, 264 Knox Street; Paul F. Wright and Megan Wright, 256 Knox Street; Ann M. Bouquet and John D. Bouquet, 240 Knox Place; and Don L. Bowman and Gladys R. Bowman, 252 Knox Street. The applicant was not present. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, the application was denied as recommended by the Planning Commission. On further motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the Planning Commission was requested to evaluate this property and properties in the immediate vicinity for rezone to R1. ZE-76-146 The Director of Planning presented an application for Opp/Metcalf Zone Exception ZE-76-146, Chris L. Opp and George L. Metcalf, 1618-A Ohms Way, Costa Mesa, for a Condi- tional Use Permit to allow a custom automotive paint shop in an MG zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicants were not present. 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 conditions as recommended by the Planning Commission. ZE-76-147 The Director of Planning presented an'application for Avila Zone Exception ZE-76-147, Victor Avila, 6742 Morning Tide Drive, Huntington Beach, for a Conditional Use Permit for a restaurant in an MG zone, located at 2101 Placentia Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant's representative, Robert Soria, 209 David Drive, Newport Beach, was present and agreed to the conditions with the exception of Condition No. 2, pertaining to drive- way width and landscaping. After clarification of this condition, Mr. Soria agreed to all conditions. 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 conditions as recommended by the Planning Commission. Councilmanic Councilman McFarland presented the subject of the Comments Council meetings which have been held on the after- noons of the third Monday of the month. There has been Council input that this day is not suitable to everyone and therefore an alternative is required. After discussion, it was agreed to hold an adjourned Council meeting.on the second Monday of each month from 2:00 p.m. to 5:00 p.m., beginning October 11, 1976. Adjournment The Mayor adjourned the meeting at 11:30 p.m. to September 14, 1976, at 7:30 a.m., at the Captain's Table, Orange Coast College, 2701 Fairview Road, 1 1 1 Costa Mesa, said meeting to be held jointly with the Costa Mesa Redevelopment Agency. Mayor of the Vy of Costa Mesa ATTEST City Cle_r-lc of the City of Costa sa 1 1