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HomeMy WebLinkAbout10/04/1976 - City Council3Q Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 4, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., October 4, 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 led by Girl Scout Troop 440, and Invocation by the Reverend Robert J. Ross, Unitarian/Universalist Church. Council Members Present: Council Members Absent: Officials Present: Raciti, Hertzog, McFarland Hammett, Smallwood Assistant City Manager, Assistant City Attorney, Director of Planning, Director of Public Services/City Engineer, City Clerk Minutes .. The --Mayor declared the minutes of the regular meet- September,20, 1976 ing of September 20, 1976, approved as distributed Drive and-, pbsted as there were no corrections. Proclamation A_proclamation declaring the week of November 14 Teen Challenge through'21, 1976, as Southern California Teen Week Chalienge Week was approved. Presentation The Mayor presented a plaque to former Planning John C. Leonhardty----- Commissioner .john C. Leonhardt in recognition of years of service to the City from 1969 to 1976. Ordinances- On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, all ordinances will be read by title only. R -76-27A On motion by Councilman McFarland, seconded by Sewell Councilwoman Hertzog, and carried, second reading Newsracks and adoption of Ordinance 76-44, in connection Ordinance 76-44 with Rezone Petition R -76-27A, Richard Sewell, Held Over Incorporated, was held over to the meeting of Adopted November 1, 1976. Speed Limit on On motion by Councilwoman Hertzog, seconded by Golf Course Councilman McFarland, Ordinance 76-46, being AN Drive ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10-332 OF THE Ordinance 76-46 MUNICIPAL CODE OF THE CITY OF COSTA MESA TO Adopted ESTABLISH A SPEED LIMIT ON GOLF COURSE DRIVE BETWEEN MESA VERDE DRIVE EAST AND TANAGER DRIVE, was given second reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Disposal of On motion by Councilman McFarland, seconded by Newsracks Councilwoman Hertzog, Ordinance 76-47,.being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 76-47 MESA AMENDING SECTION 11-113 OF THE COSTA MESA Adopted MUNICIPAL CODE, CONCERNING IMPOSING OF A LIEN ON 1 1 CONFISCATED NEWSRACKS AND PROVIDING FOR SALE THEREOF, was given -second reading and adopted by the follow- ing roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood R-76-33 On motion by Councilman McFarland, seconded by Councilwoman Hertzog, Ordinance 76-48, being AN Ordinance 76-48 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF THE LAND ALLOTTED TO JAMES McFADDEN IN THE FINAL DECREE OF PARTITION OF THE RANCHO DE SANTA ANA, FROM C1 -CP TO CL, was .given second reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Spoiler Yachts The Clerk presented from the meeting of September 20, Trailer Permit 1976, consideration of the Spoiler Yachts Trailer Permit. On motion by Councilman McFarland, seconded Held to Later by Councilwoman Hertzog, and carried, this item was in the Meeting continued until later in the meeting to permit the applicant -an opportunity to review a report of the City's findings in this matter. Beautification On motion by Councilwoman Hertzog, seconded by Committee Councilman McFarland, and carried, a form to be used for the Beautification Committee letter to property owners concerning recommendations for upgrading the appearance of property, was approved. Request for The Clerk presented a request -from Donald E. and Rehearing of Dorothea A. Lucius, 2763 Cibola Avenue, Costa Mesa, ZE-76-98 - for a rehearing of Zone Exception Application Lucius ZE-76-98. The Planning Director and Assistant City Attorney have found no grounds to justify a rehear - Denied ing. After discussion, on motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, Vice Mayor Hammett and Councilwoman Small- wood absent, the request was denied. CONSENT CALENDAR. The following item was removed from the the City Board of District. Consent Calendar: Item 1, Resolution from of Orange concerning an appointment to the the South Coast Air Quality Management On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the remaining Consent Calendar items were approved in motion, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Height Restriction A petition from residents of the Marina Highlands of Single-family District requesting legislation to restrict the Dwellings height of single-family dwellings on cliff fronts, was referred to the Planning Commission for review and recommendation. Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: M 3 Letter of A letter of appreciation from the Reverend Appreciation Anthony McGowan,.0ur Lady of Fatima Church, from Father San Clemente, thanking Council for Resolution McGowan No. 76-94, commending his association with the City. Tax Collector Letter from the Orange County Office of the Approval of Tax Collector -Treasurer, enclosing minutes of Property Sale the Board of Supervisors approving the sale of certain tax deeded property in the City of Costa Mesa. Paramedic Resolution from the City of Garden Grove urging Program State Legislature to enact legislation author- izing local paramedic programs on a permanent basis. Public Utilities Notice of Filing of Application No. 56747, Commission Southern California Gas Company for: (1) a certificate under Section 1001 of the Public Utilities Code that the public convenience and necessity require the acquisition and operation of an underground storage reservoir and the construction, operation, and maintenance of compressor and dehydration plants and related facilities for underground storage of natural gas in the ten -section field in Kern County, and (2) addition of the proposed subsection (o) Gas Banking Adjustment to Southern California Gas Company's Rule No. 2. Notice of Hearings in various cities on various dates regarding Application No. 56415, Atchison, Topeka, and Santa Fe Railway Company for an order cancelling General Order 36-D. Notice of Hearings, in various cities on -various dates, Public Utilities Case No. 10150 and Energy Resources Conservation and Development Commission No. 76 -R&D -1, a joint investigation regarding the availability and potential use of solar energy in California. Pacific Gas and Electric Company, San Diego'Gas and Electric Company, Southern California Edison Company, Los Angeles Department of Water and Power, Sacramento Municipal Utility District, and City of Santa Clara Municipal Electric Department, respondents. California Notice of public hearing from the California Housing Finance Housing Finance Agency on proposed priorities Agency for the allocation of CHFA financing assistance under the Agency's Neighborhood Rehabilitation Program, held on September 28, 1976, in the auditorium of the Water Resources Building, 1416 Ninth Street, Sacramento. Local Agency Minutes of the regular meeting of the Local Formation Agency Formation Commission of Orange County, Commission held on September 8, 1976. Department of Memorandum from the Director of the Department Transportation of Transportation, State of California, out- lining procedures and allocations for the Federal -Aid Urban program covered by the 1976 Federal Highway Act. Orange County Board Meeting Digest, from the regular meeting Transit District of the Orange County Transit District Board of Directors, held on September 20, 1976. 1 �I Alcoholic Beverage Alcoholic Beverage License applications for Licenses which parking has been approved by Planning ,,_End - from: Richard J. and Paulette Green, doing business at 369 East 17th Street, No. 12; Chambers of City Hall: James L. Harper, doing business as The Office, Business Permits 1728 Newport Boulevard; Jojos Restaurants of California, Incorporated, doing business at from the American Cancer Society, 4030 Birch Street, 2750 Harbor Boulevard; Marquis No. One, Incor- American Cancer porated, doing business at 1670 Newport Boule- vard; The Southland Corporation, doing business Thon, October 16, 1976, was approved with Section as 7 -Eleven Food Store No. 2113-15913, 2150 Placentia Avenue;. Chien Shan and Huei Yu Wang, doing business at 1400 South Bristol Street; Notice of 'Intention to Solicit for Charitable Purpose and R. Schlesinger and H. Burke, doing business High School as Rampart Athletic Club, 254 Victoria Street. Alcoholic Beverage License application for an original on -sale beer and wine license from William E. Brander and Gregory A. Williams, doing business as Pizza's Ate, 1500 Adams Avenue, No. 108, has been protested by the Director of Planning until such time as a City license can be issued for a restaurant with on-site consumption. March of Notice of Intention to Solicit for Charitable Purpose Dimes from National Foundation March of Dimes, Orange County Chapter, 111 West Dyer Road, Suite 10-G, Santa Ana, by various fund-raising activities, October 15, 1976, through December 31, 1977, was approved with Section 9-234J of the Municipal Code waived. Permit Request from the Clumber Spaniel Club of America, 2724 San Juan Lane, Costa Mesa, to hold an American Clumber. Kennel Club Section A Match at TeWinkle Park on Spaniel Club November 6, 1976, was approved subject to conditions of the Director of Leisure Services. Claim - Mattson Claim from Attorney Steven L. Stern on behalf ,,_End - of John Otto Mattson; no action required. Reading Folder Chambers of City Hall: Business Permits Notice of Intention to Solicit for Charitable Purpose Revision for from the American Cancer Society, 4030 Birch Street, American Cancer No. 101, Newport Beach, by holding a one -day Bike -A - Society Thon, October 16, 1976, was approved with Section 9-234J of the Municipal Code waived. Costa Mesa Notice of 'Intention to Solicit for Charitable Purpose High School from Costa Mesa High School Band Boosters, 2260 Band Boosters Orange Avenue, Costa Mesa, by door-to-door solicita- tion, October 23 and 24, 1976, was approved with Section 9-234J of the Municipal Code waived. March of Notice of Intention to Solicit for Charitable Purpose Dimes from National Foundation March of Dimes, Orange County Chapter, 111 West Dyer Road, Suite 10-G, Santa Ana, by various fund-raising activities, October 15, 1976, through December 31, 1977, was approved with Section 9-234J of the Municipal Code waived. Permit Request from the Clumber Spaniel Club of America, 2724 San Juan Lane, Costa Mesa, to hold an American Clumber. Kennel Club Section A Match at TeWinkle Park on Spaniel Club November 6, 1976, was approved subject to conditions of the Director of Leisure Services. Set for Public The following items were set for public hearing on Hearing November 1, 1976, at 6:30 p.m., in the Council Chambers of City Hall: Precise Plan Request from the Costa Mesa Planning Commis - Revision for sion, for revision to Precise Plan for the "A" and "B" extension of Street "A" (Newhall Street) Streets from Whittier Avenue to Monrovia Avenue -.between West 16th and West 17th Streets; and abandonment of that portion of the Precise Plan relating to Street "B" northerly from 'West 16th Street for 630 feet between Whittier Avenue and Monrovia Avenue, as adopted by City Council Resolution No. 684, February 1, 1960. 3,1. Specific Plan Request from the Costa Mesa Planning Commission, for Village for a Specific 'Plan for the extension of Village Way Way between College Avenue and Pinecreek Drive. A Negative Declaration of Environmental Impact has been filed. Refunds On recommendation by the Director of Finance, a refund of $15.00 to Mary Buff Lambert, in care of Suzette Lambert Tesdahl, 921 South Hesparian Street, Santa Ana, on Business License No. 333, as permit application was denied, was approved by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Cortese On recommendation by the Director of Finance, a refund of $25.00 to Rick Cortese, 520 Via Lido Soud, Newport Beach, on Receipt No. 13628, as permit application was denied, was approved by the followingroll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Yang On recommendation by the Director of Finance, a refund Electrode of $15.00 to Yang Electrode Corporation, 3100 West Harvard Street, No. 5, Santa Ana, on Business License No. 10304, due to 'relocation, was approved by the following roll call vote: •AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Vaughn On recommendation by the Director of Finance, a refund of $25.00 to Bette Vaughn, 2815 Catalpa Street, New- port Beach, on Business License No. 3477, paid in error, was approved by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood S-76-06 The Director of Public Services recommended reim- J. Ray bursement of drainage fees and water acreage fees Construction collected as a condition of approval on Parcel Map S-76-06, J. Ray Construction Company, 188 East 17th Street, Costa Mesa', as no improvements are contem- plated and water service is already provided. On motion by Councilman McFarland, seconded by Council- woman Hertzog, reimbursement of $209.60 was approved by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood IDR 75-02 The improvements in connection with Industrial Cabot, Cabot Development Review, IDR 75-02, located at 1683 and Forbes Sunflower Avenue at Hyland Avenue - Sunflower Avenue extension, have been completed by Cabot, Cabot,, and Forbes, 2001 South Harbor Boulevard, Santa Ana, to the satisfaction of the Director of Public Services. On motion by Councilman McFar- land, seconded by Councilwoman Hertzog, the work was accepted and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood i 1 Sale of Surplus Bids received for purchase of surplus City property Property - East at 129-133 East 17th Street, are on file in the 17th -Street Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, an offer and agreement to purchase the property in the amount of $65,250.00 from Stephen M. Boice and Walter C. Boice, was approved, and the Mayor and Clerk authorized to sign the agreement and Grant Deed on behalf of the - City, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Agreement - On motion by Councilman McFarland, seconded by Council- Tallmantz woman Hertzog, an addendum agreement between Tallmantz Aviation Aviation, Incorporated and the City of Costa Mesa, for servicing of Police helicopters at a cost of $27,.90 per hour,. excluding fuel and oil, was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Backhoe Purchase The Purchasing Agent requested authorization to - Sole Source purchase one each Backhoe, John Deere 1975 Model Item JD 410, at a cost of $5,021.22, sole source, item, from Milo Equipment Corporation, 1830 East Warner Milo Equipment Avenue, Santa Ana. This equipment has previously been leased by the City and the rental credits have been applied to the purchase price. On motion by Councilman McFarland, -seconded by Councilwoman Hertzog, the purchase was approved as recommended, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Bid Item 323 Bids received for Bid -Item 323, Photographic Photographic Processing Equipment for the Police Department, are Processing on file in the Clerk's office. On motion by Council - Equipment man McFarland, seconded by Councilwoman Hertzog, the bid was awarded as follows: Section I, Photographic Awarded Film Automatic Processing System - Rotary Type, Colenta America-, $11,057.00, to Colenta America Corporation, 1712-N Pako Corporation, Newport Circle, Santa Ana; Section II, Photographic and Royce Photo- Paper Processor, $5,100.00, to Colenta America Cor - Graphics Supply poration; Section III, Continuous Photographic Paper Printer, $10,127.15, to Pako Corporation, Post Office Box 310, Minneapolis, Minnesota; and Section IV, Dual Enclosed Filter Head Transmission/Reflector Densitometer, $2,995.00, to Royce Photo -Graphics Supply, Incorporated, 1300 Flower Street, Glendale, being the lowest bids meeting specifications, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Bid Item 324 Bids received for Bid Item 324, Installation of a Fuel Dispensing Fuel Dispensing System at the'Corporation Yard, are System on file in the Clerk's office. On motion by Council- man•McFarland, seconded'by Councilwoman Hertzog, the Awarded bid was awarded to R. McAlpine Construction, Incor- R. McAlpine porated, 15709 Illinois Avenue, Paramount, in the Construction amount of $8,783.00, being the lowest bid meeting specifications, by the -following roll call vote: 436. AYES: Council Members: Raciti, Hertzog McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Budget On motion by Councilman McFarland, seconded by Adjustment Councilwoman Hertzog, Budget Adjustment No. 77-02, No. 77-02 increasing the Traffic Engineering, Administration Capital Outlay object code, by $5,000.00, for purchase of a punched papertape reader converter, was approved by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Budget On motion by Councilman McFarland, seconded by Adjustment Councilwoman Hertzog, Budget Adjustment No. 77-18, No. 77-18 to increase appropriation to cover landscaping and sprinkler installation costs to complete landscap- ing and irrigation on Golf Course Drive median, in the amount of $2,160.00, was approved by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Budget On motion by Councilman McFarland, seconded by Adjustment Councilwoman Hertzog, Budget Adjustment No. 77-19, No. 77-19 to increase appropriation for purchase of addi- tional parcels for Lions Park Site as part of the Center Street Project, in the amount of $312,350.00, was approved by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood South Coast On motion by Councilwoman Hertzog, seconded by Air Quality Councilman McFarland, and carried, a resolution Management from the City of Orange urging the selection of District of Councilman Jim Beam as a member of the Board of the South Coast Air Quality Management District, Removed from was removed from the Agenda. Agenda Warrant On motion by Councilwoman Hertzog, seconded by Resolution 955 Councilman McFarland, Warrant Resolution 955, including Payroll 7619, was approved by the following roll call vote:' AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Warrant On motion by Councilman McFarland, seconded by Resolution 956 Councilwoman Hertzog, Warrant Resolution 956 was approved by the following roll call vote: AYES: Council -Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Warrant On motion by Councilman McFarland, seconded by Resolution 957 Councilwoman Hertzog, Warrant Resolution 957 was approved by the following 'roll call vote:. AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood 1 1 1 Claims - The Assistant City Attorney presented the claims Knox, Pantel of Attorney Robert J. Findley, on behalf of Arthur Knox, Johnny Pantel, Adam Pantel, and Arlen Pantel, Denied and recommended that they be denied as there was no liability on the part of the City. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the claims were denied. Employees' The Assistant City Manager reported on the salary Salaries negotiations with various employee groups. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, memorandums of understanding with the Costa Mesa Fire Department, Costa Mesa Police Department, and Costa Mesa Employees' Association, were received and filed. Resolution 76-127 On motion by Councilman -McFarland, seconded by Councilwoman Hertzog, Resolution 76-127, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING THE BASIC PAY SCHEDULE, ESTABLISHING RATES OF PAY FOR CITY EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, AND ESTABLISHING RATES OF PAY FOR CITY EMPLOYEES NOT PLACED UNDER THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Resolution 76-128 On motion by Councilman McFarland, seconded by Councilwoman Hertzog, Resolution 76-128, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING RATES OF PAY FOR EXECUTIVE PERSON- NEL, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Personnel Rules On motion by Councilman McFarland, seconded by and Regulations Councilwoman Hertzog, Resolution 76-129, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Resolution 76-129 MESA, AMENDING CERTAIN PORTIONS OF THE RULES AND REGULATIONS FOR ADMINISTRATION OF THE PERSONNEL SYSTEM OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Redevelopment On motion by Councilwoman Hertzog, seconded by Agency Councilman McFarland, authorization was given to pay Redevelopment Agency members $25.00 each for an additional meeting in September, 1976,. in accordance with the Agency's bylaws, by the following roll call vote: Yellow Cab The City Manager presented a request from Herman R. Company Tate, doing business as Yellow Cab of Newport and Fare Increases Costa Mesa, Incorporated, 11251 Slater Avenue, Fountain Valley, for a fare increase in accordance Held Over with Section 9-248, Costa Mesa Municipal Code. On motion by Councilman McFarland; seconded by Council- woman Hertzog, and carried, Council Members Hammett AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Yellow Cab The City Manager presented a request from Herman R. Company Tate, doing business as Yellow Cab of Newport and Fare Increases Costa Mesa, Incorporated, 11251 Slater Avenue, Fountain Valley, for a fare increase in accordance Held Over with Section 9-248, Costa Mesa Municipal Code. On motion by Councilman McFarland; seconded by Council- woman Hertzog, and carried, Council Members Hammett and Smallwood absent, this item was held over to November 1, 1976, as requested by the applicant. Purchase of On motion by Councilman McFarland, seconded by Martinez Property Councilwoman Hertzog, authorization was given to draw a warrant in the amount of $43,250.00, in connection with the purchase of property at 591 Plumer Street, from Eloy and Della Martinez, by the following roll call vote: - AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Revenue Sharing The Assistant City Manager presented recommendations - Social for allocation of'Revenue Sharing funds as follows: Services Mardan Center, $11,788.00; and Share Our Selves, $6,000.00. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the recommenda- tions were approved, in the total amount of $17,788.00, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Business Permit The Assistant City Manager presented a Business Permit request from Peter Giambrone, 8593 Rose Street, Giambrone Bellflower, for a dance at the Orange County Fair- grounds on October 23, 1976, from,12:00 noon to 12:00 midnight. The applicant was present and supplied further information on the nature of the event, the anticipated attendance, and the security measures being taken. After discussion, on motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett and Council- woman Smallwood absent, the request was approved. Spoiler Yacht At this time, consideration of the Spoiler Yacht Trailer Permit Trailer Permit was reintroduced. The Director of Continued Planning gave a report of the applicant's activities over the past month which have been in violation of Permit Revoked the conditions set forth in the trailer permit. The applicant, Dale Anderson, was present and gave explanations for his actions. Mr. Anderson further indicated his intention to lease office space at 1516 Newport Boulevard thereby making available addi- tional space for customer parking, display purposes, and boat maneuvering. Willard Courtney, 611 St. .lames Place, Newport Beach, owner of property at 1532-34 Newport Boulevard, and Walter Kierner, 513 Poinsettia Avenue, Corona del Mar, expressed their opinions that Mr. Anderson's business has outgrown this facility and is now causing a great deal of inconvenience to the neighboring businesses. There being no other speakers, the Mayor closed the dis- cussion. In reviewing the. -facts of this matter, the Council supported'the findings of the staff that the applicant has not complied with the conditions of the permit. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the temporary trailer permit was revoked effective within 45 days of this action. Public Hearing The Clerk announced that this was the time and place Civic Center set for the public hearing, continued from the meeting Study of September 20, 1976, concerning Parcel. 1 of the Civic Center Study,located at the northwest corner of Held Over Newport Boulevard and:Vanguard Way. The Planning 439 ING THE ZONING OF A PORTION OF LOT 75, FAIRVIEW FARMS, Director recommended that this item be held over due to a pending rezone application on the subject property. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the public hear- ing was held open to the meeting of December 6, 1976. Public Hearing The Clerk announced that this was the time and place Abandonment at set for the public hearing to consider a proposed Bear Street and abandonment of unused property located at Bear Street Paularino Avenue and Paularino Avenue, in the vicinity of the Corona del Mar Freeway. An Exempt Declaration of Environ- mental -Impact has been filed. The affidavits of publishing and posting are on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the Exempt Declaration of Environmental Impact was accepted as meeting the Resolution 76-130 requirements of the law, and Resolution 76-130, being Ordering A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Abandonment MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF LOTS 1; 2, AND 3, BLOCK "C", BERRY TRACT; AND A PORTION OF LOTS 1, 2, AND 3,.BLOCK "B", BERRY TRACT; LOCATED IN THE GENERAL AREA OF BEAR STREET AND PAULARINO AVENUE IN THE VICINITY OF THE CORONA DEL MAR FREEWAY, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Public Hearing The Clerk announced that this was the time and place Abandonment at set for the public hearing to consider a proposed Fairview Road and Arlington abandonment of excess traffic signal easement on the northwest corner of Fairview Road and Arlington Drive. Drive An Exempt Declaration of Environmental Impact has been filed. The affidavits of publishing and posting are on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing..' On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Resolution Resolution 76-131 76-131, being A RESOLUTION OF THE CITY COUNCIL OF THE Ordering CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION Abandonment OF A PORTION OF LOT A, BANNING TRACT, LOCATED AT THE NORTHWEST CORNER OF FAIRVIEW ROAD AND ARLINGTON DRIVE, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Public Hearing The Clerk announced that this was the time and place. R-76-01 set for the public hearing for Rezone Petition R-76-01, Costa Mesa Planning Commission, for permis- sion to rezone property located at 1231 Victoria Street, from M1 to MG, consistent 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. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the Negative'Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 76-49 ORDINANCE 76-49, being AN ORDINANCE OF THE CITY First Reading COUNCIL.OF THE CITY OF COSTA MESA, CALIFORNIA, CHANG- ING THE ZONING OF A PORTION OF LOT 75, FAIRVIEW FARMS, =0 Public Hearing R-76-02 Ordinance 76-50 First Reading Public Hearing R-76-03 Ordinance 76-51 First Reading FROM M1 TO MG, was given first reading and passed to second -reading by the following roll call vote: AYES: .Council Members: Raciti, Hertzog, McFarland NOES: Council Members:: None ABSENT: Council Members: Hammett, Smallwood The Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-76-02, Costa Mesa Planning Commission, for permis- sion to rezone property located on the south side of Victoria Street, west of Canyon Drive, and east of Valley Road, from M1 to MG, consistent 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. No communications 'have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 76-50, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 92, 100, AND 101, OF TRACT 653, FROM Ml TO MG, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood The.Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-76-03, Costa Mesa Planning Commission, for permis- sion to rezone property located at 977 to 991 West 19th Street, and 1866 to 1898 Whittier Avenue, from M1 to MG, consistent with the General Plan. A Nega- tive Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFar- land, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 76-51, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,:CALIFORNIA, CHANGING THE ZONING OF LOT 1102 AND A PORTION,OF LOT 1101 OF NEWPORT MESA TRACT FROM Ml TO MG, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Public Hearing The Clerk announced that this was the time and place, R-76-04 set for the public hearing.for Rezone Petition R-76-04, Costa Mesa Planning Commission, for permis- sion to rezone property located in the general area south of 18th Street, west of Monrovia -Avenue, north of 17th Street, and east of Whittier Avenue, from Ml to MG, consistent 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. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion'by Councilwoman Hertzog, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the 1 1 441 Ordinance 76-52 requirements of the law, and Ordinance 76-52, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 1105, 1005, 1006, 1007, 1108, AND 1008 OF NEWPORT MESA TRACT FROM M1 TO MG, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti; Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Public Hearing The Clerk announced that this was the time and place R-76-05 set for the public hearing for Rezone Petition R-76-05, Costa Mesa Planning Commission, for permis- sion to rezone property located south of 17th Street, west of Monrovia Avenue, north of 16th Street, and east of Whittier Avenue, from M1 to MG, consistent 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. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the.Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 76-53 requirements of the law, and Ordinance 76-53, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 11092 1111, 1011, 11122 AND 1012, NEWPORT HEIGHTS TRACT, FROM M1 TO MG, was given"first reading and passed.to second reading by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Public Hearing The Clerk announced that this was the time and place R-76-06 set for the public hearing for Rezone Petition R-76-06, Costa Mesa Planning Commission, for permis- sion to rezone property located in the general area north of 17th Street, west of Anaheim Avenue, east of Pomona Avenue, including Terminal Way, from Ml to MG, consistent with the General Plan. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. A communication in opposition to the request has been received from D. L. White, 637-C Shalimar Drive, Costa Mesa. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Council- woman Hertzog, the Negative Declaration of Environ- mental Impact was accepted as meeting the requirements Ordinance 76-54 of the law, and Ordinance 76-54, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 507, 407, AND 408, NEWPORT MESA TRACT, FROM M1 TO MG, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Public Hearing The Clerk announced that this was the time and place R-76-07 set for the public hearing for Rezone Petition R-76-07, Costa Mesa Planning Commission, for permis- sion to rezone property located in the general area along the east side of Superior Avenue, north of the City limits, and south of 17th Street, from M1 to MG, 12 consistent with the General Plan. A Negative Decla- ration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. There being -no speakers, the Mayor closed the public hear- ing. On motion by'Councilman McFarland, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 76-55 requirements of the law, and Ordinance 76-55, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 11, 21, 31, 41, 51, AND 61, NEWPORT HEIGHTS TRACT, FROM M1 TO MG, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Public Hearing R-76-34 and ZE-76-160 Manookian Ordinance 76-56 First Reading The Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-76-34, Manookian;Developers, Incorporated, 6900 West Ocean Front, Newport Beach, for permission to rezone property located at 810 Center Street, from Cl to R3 -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. No communications have been received. Also presented to be heard concurrently with the rezone, Application for Zone Exception ZE-76-160, Manookian Developers, Incorporated, for a conditional use permit to construct a seven -unit apartment complex (2,160 square feet per unit), -to meet CP standards, in an R3 -CP zone located at.810 Center Street. A Negative Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval subject to condi- tions. The applicant, Dave Manookian, was present to answer questions from the Council and agreed to the conditions. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 76-56, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF LOTS SEVEN AND EIGHT OF TRACT 2421 FROM -C1 TO R3 -CP, was given first reading and passed to second reading by the follow- ing roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Zone Exception ZE-76-160 was approved subject to conditions as recommended by the Planning Commission. Public Hearing The Clerk announced that this was the time and place R-76-35 set for the public hearing for Rezone Petition R-76-35, Costa Mesa Planning Commission, for permis- sion to rezone property located at the southwest corner of Newport Boulevard and Fair Drive, from C2 to I and R, 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.' No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 76-57 requirements of the law, and Ordinance 76-57, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PARCEL TWO OF PARCEL MAP 5-74-04, FROM C2 TO I AND R, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Public Hearing The Clerk announced that this was the time and place R-76-36 set for the public hearing for Rezone Petition R-76-36, Costa Mesa Planning Commission, for permis- sion to rezone property located at 111 Fair Drive, from C1 -CP to I and R, in conformance with the General Plan. A Negative Declaration of Environ- mental Impact has been filed. The affidavit of publication is on file in the Clerk's Office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Council- woman Hertzog, the Negative Declaration of Environ- mental Impact was accepted as meeting the Ordinance 76-58 requirements of the law, and Ordinance 76-58, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT "A" OF BANNING TRACT IN THE RANCHO SANTIAGO DE SANTA ANA FROM C1 -CP TO I AND R, was given first reading and passed to second reading by the following roll call vote: AYES:. Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Public Hearing The Clerk announced that this was the time and place R-76-37 set for the public hearing for Rezone Petition R-76-37, Costa Mesa Planning Commission, for permis- sion to rezone property located at 2460 Fairview Road, from Cl -CP to R3 -CP, in conformance with the General Plan. A Negative Declaration of Environ- mental Impact has been filed. The affidavit of publication is on file in the Clerk's office. A' letter in opposition to the rezone has been received from the Buccola Company, 4501 Birch Street, Newport Beach. Also, a petition containing 15 signatures in opposition to the request has been received. There being no speakers, the Mayor closed the public hear- ing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 76-59 requirements of the law, and Ordinance 76-59, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, -CALIFORNIA, CHANGING THE ZONING OF A' PORTION OF LOT "A" OF BANNING TRACT IN THE RANCHO SANTIAGO DE SANTA ANA, FROM Cl -CP TO R3 -CP, was given first reading and passed to second reading by the following roll call vote:' AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood Public Hearing The Clerk announced that this was the time and place R-76-38 set for the public hearing for Rezone Petition . Hawley and R-76-38, Hawley and Burkhart, 1700 Newport Boule- Burkhart vard, Costa Mesa, for permission to rezone property located at 145 East 18th Street, from Cl to R4, in Environmental Quality Act requirements have been met by the Environmental Impact Reports for the Redevelop- ment and Central Area Plans, accepted by Council on December 17, 1973; and November 5, 1974, respectively. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval of R4 -CP zoning. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, Ordinance Ordinance 76-60 76-60, being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 121, NEWPORT HEIGHTS TRACT, FROM Cl TO R4 -CP, was given first reading and passed to second reading by'the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett, Smallwood ZE-76-145 The Director of Planning presented an application Pirih for Zone Exception ZE-76-145, Boris Pirih, 2830 La Cresta Avenue, Anaheim, for a variance from Denied setback, parking, and landscaping requirements to allow construction of a 9,380 square foot commercial building, in a Cl'zone located at the southeast corner of Baker Street and Randolph Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. A letter in opposition to the request has. been received from William H. Patrick, 2973 Randolph Avenue, Costa Mesa. Gary Rierson, 14431 Pinewood Road, Tustin, architect for the project, was present representing the applicant to answer questions from the Council. The Planning Director indicated that a revision has been made to the plans which eliminates the request for the setback variance and the interior landscaping variance. Considerable discussion fol- lowed concerning possible solutions to the parking deficiency which the Council felt was a very serious problem. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the appli- cation was denied. Recess The Mayor declared a recess at 8:55 p.m., and the meeting reconvened at 9:00 p.m. ZE-76-150 The Director of Planning presented an application Stephens for Zone Exception ZE-76-150, Patrick Stephens, 179 East 18th Street,;Costa Mesa, for a Conditional Use Permit to operate an automotive repair business, in an MG zone located at 1690 Placentia Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. Chuck Pettingall, 2048 Garden Lane, Costa Mesa, was present representing the applicant and agreed to the conditions. After discussion, on motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. 1 1 ZE-76-.152 The Director of Planning presented an application Frisbee for Zone Exception ZE-76-152, Stanley G. Frisbee, 2019 Federal Avenue, Costa Mesa, for a variance from minimum driveway width to allow.enclosure of existing carport, in an R1 zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to-one condition. A letter in support of.the request has been received.from Edna M. Stoeckle, 2023 Federal Avenue, Costa Mesa.. Russell Evans,-2142 Orange Avenue, Costa Mesa, was present representing the applicant and spoke in support of the request. After discussion, on motion by Councilman -McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved with one condition as recommended by the Planning Commission. ZE-76-153 The Director of Planning presented an application All Coast for Zone Exception ZE-76-153, All Coast Trading Trading Company,`3175 Airway Avenue, Costa Mesa, for a Company variance-.for parking reduction to allow addition of approximately 430 square feet of second floor office area within an existing industrial build- ing, in an MP 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 applicant was not present. After discussion, on motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, Vice Mayor Hammett and Councilwoman Small- wood absent, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-154 The Director of Planning presented an application Public Storage for Zone Exception ZE-76-154, Public Storage, Incorporated, 94 South Los Robles Avenue, Suite 200, Pasadena, for a Conditional Use Permit to allow construction of 39,400 square feet of public storage garages and manager's apartment, with variance from parking, landscaping, and sign requirements, in an MG zone located at 2065 Placentia Avenue. A Negative Declaration of Environmental Impact has,_been filed. The Planning Commission recommended approval subject to condi- tions. No communications-have been received. Dwight Harper was present, representing the appli- cant, and agreed to the conditions. Mr. Harper requested consideration of some changes to the plan concerning parking arrangements. After discussion, on motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the Negative Declaration.of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to all conditions as recommended by the Planning Commission. ZE-76-155 The Director of Planning presented an application Baumgardner for Zone Exception ZE-76-155, Loren Baumgardner, Post Office Box 176, Costa Mesa, for a Conditional Use Permit to construct three apartment units in conjunction with three existing units, with a variance for ten percent density deviation (2,698 square feet per unit), to meet CP,standards, in an R2 -CP zone located at 187 East 18th Street. The California Environmental Quality Act requirements have been met by the Environmental Impact Reports for the Redevelopment and Central Area Plans. The Planning Commission recommended approval sub- ject to conditions. No communications have been received. The applicant was not present. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the application was approved subject to conditions as recommended by the Planning Commission. ZE-76-156 The Director of Planning presented an application Adams for Zone Exception ZE-76-156, Alan L. Adams, 15910 Ventura Boulevard', No. 802, Encino, for a Condi- tional Use Permit to construct 12 apartment units to meet CP standards, with variances from density requirements (five percent, 1,429 square feet per unit), parking (23 required, 22 provided), and rear setback.(20 feet required, 11.5 feet provided), in an R4 -CP zone located at 2035 Pomona Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. A revised plan was submitted immediately prior.to the Planning Commission hearing which eliminates the variances, leaving only the permit and CP standards for Council's consideration. The applicant was present and agreed to the conditions. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, 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-76-157 The Director of,Planning presented an application Devigne for Zone Exception ZE-76-157, Rene Devigne, 3768 East Colorado Boulevard, Pasadena, for a Condi- tional Use Permit.to enclose existing overhang to create a lobby/entrance area for a proposed night- club, with a variance to encroach into front setback with said'construction, in a Cl -CP zone located at 725 Baker Street. An Exempt Declara- tion of Environmental Impact has been filed. The Planning Commission recommended denial. Michael Solopeck, 975 Post Road, Costa Mesa, was presents representing the applicant, and answered questions from the Council. After discussion, on motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the Exempt Decla- ration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to the conditions as recommended by the City staff. ZE-76-158 The Director of Planning presented an application Boatswain's for Zone Exception ZE-76-158, Boatswain's Locker, Locker Incorporated, 2431 West Coast Highway, Newport Beach, for a Conditional use Permit to construct a 9,650 square foot warehouse building with a X47 ZE-76-162 The Director of Planning presented an application Williams for Zone Exception ZE-76-162, Barry Williams, 3955 Birch Street, Suite 202, Newport -Beach, for a variance to allow reduction in the required number of parking spaces, in an MG zone located at 931 West 18th Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to condi- tions. No communications have been received. The application was revised prior to Planning -Commis- sion's review reducing the square footage of the building to 8,899 square feet. This revision also reduces the parking deficiency to four spaces. Jerry Kosten, architect, 125 Baker Street, Costa Mesa, was present representing the applicant, and agreed to the conditions. Hank Hill, part owner of the subject business, was present and answered questions from the Council. During the discussion which followed, Councilman McFarland expressed much concern over the parking deficiency. On motion by Councilwoman Hertzog, seconded by Mayor Raciti; and carried, Councilman McFarland voting no, Vice Mayor Hammett and Councilwoman Smallwood absent, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to condi- tions as recommended by the Planning Commission. ZE-76-159 The Director of Planning presented an application Palmer for Zone Exception ZE-76-159, Frank C. Palmer, 1589 Minorca Drive, Costa Mesa, for a Conditional Held Over Use Permit for open storage in conjunction with construction of a 12,480 square foot storage building with a variance from required parking and landscaping, in a C2 zone located at 2672 Newport Boulevard. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications have been received. The applicant was not present. Harold Cunningham, 2110 Elden Avenue, Costa Mesa, owner of the subject property, was present to answer questions from the Council. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor'Hammett and Councilwoman Smallwood absent, thi's application was held over to the meeting of November 1, 1976, in order that the applicant may be requested to be in attendance. ZE-76-161 The Director of Planning presented an application Family for Zone Exception ZE-76-161, Family Development Development Program, Incorporated, 362 Ocean Avenue, Laguna Program Beach, for a Conditional Use Permit to allow repair of discarded items for resale in conjunction with Youth J.O.B.S. (Junior Operated Business Services) Program, and to allow occasional group counseling, in an MG zone located at 1001 West 17th Street. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Barbara Trear was present representing the applicant, and agreed to the conditions. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the Exempt Declara- tion 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-76-162 The Director of Planning presented an application Williams for Zone Exception ZE-76-162, Barry Williams, 3955 Birch Street, Suite 202, Newport -Beach, for a variance to construct a seven -unit apartment complex with a 4.5 percent density deviation (one unit per 2,876 square feet of land) in an R2 zone, located at 2427 Orange Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Barry Williams, 1401 Dove Street, Newport Beach, was present and agreed to the conditions with the exception of Condition No. 18 concerning the upgrading of a fire hydrant. After discus- sion, on motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to condi- tions as recommended by the Planning Commission, with the right to appeal .the fire hydrant condi- tion if Council policy with respect to fire hydrant installation is changed in -the future. ZE-76-163 The:Director of Planning presented an application Cristen and for Zone Exception ZE-76-163, Bill Cristen and Di Paola Gary Di. Paola, 905 West Balboa.Boulevard, Newport Beach, for a variance from parking ordinance to allow a health club in an existing commercial building in a Cl -.CP zone, located at 1525 Mesa Verde Drive East, Suite 108-109. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. Rudy Bukich, 1221 Pembroke.Lane, Newport.Beach, and Mark Les, 1633 Baker Street, Costa Mesa, were present representing the applicants and answered questions from the Council. A lengthy discussion followed concerning possible solutions to the parking deficiency with the applicants' agreeing to either -re -stripe the parking lot or reduce the occupancy of the adjacent restaurant at this loca- tion, to satisfy the requirements. After further discussion, on motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions recommended by staff with Condition No. 3 added to read as follows: In order to offset the parking deficiency created by the establishment of the proposed health club, the size of the restaurant approved on this same property under ZE-76-82 ZE-76-82 shall be reduced, as stipulated to by the petitioner, to the extent that the permitted occupancy assigned by the Fire Department shall not exceed 166 persons, rather than 200 as origin- ally approved. ZE-76-164 The Director of Planning presented an application Abernethy for Zone Exception ZE-76-164, Robert Abernethy, Post -Office Box 90855, Los Angeles, for a Condi- tional Use Permit for 44,000 square feet of storage garages with office and manager's apartment, variances from parking and landscaping require- ments, in an Ml'zone located west of the Corona del Mar Freeway, and north of St. Clair Street. A Nega- tive 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 1 L] C the conditions. Mrs. Darrilyn Oliver, 3077 Yukon Avenue, Costa Mesa, expressed concern that perhaps too many storage facilities were being approved. During the discussion which followed, some concern was expressed regarding the possible excessive use of Bear Street; the access road, to the property by heavy vehicles, and the Director of Public Services suggested the possibility of placing a load limit on this street. After further discus- sion, on motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, Mayor Raciti voting no, Vice Mayor Hammett and Councilwoman Smallwood absent, the Negative Declaration of Environmental Impact was accepted as meeting the k_equ-cements of the law, and the application approved subject to all conditions as recommended by=the Planning Commission. ZE-76=165 The`Director of Planning presented an application Cook for,,Zone Exception ZE-76-165, Bryan Cook, 9961 Moore Circle, Huntington Beach, for a variance in parking to allow a billiard business in an existing shopping center, in a Cl zone located at 841-B West 19th Street.' An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval with one condition. A letter in opposition to the request has been received from Donald H. Palmquist, 105 Via Havre, Newport Beach. The applicant was not present. The Planning Director indicated that this property is in the process of being re -striped and will then have in excess of 300 parking spaces. After discussion, on motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to one condition as recommended by the Planning Commission. ZE-76-167 The Director of Planning presented an application Wielenga for Zone Exception ZE-76-167, John Wielenga, 1658 Ricky Avenue, Anaheim, for a Conditional Use Permit to allow construction of 24 apartment units in compliance with the Victoria Street Specific Plan (SP -76-01), in an R2 -CP and R3-CP'zone located ,at 326-336 Victoria Street. The California Environmental Quality Act requirements have been met by the Environmental. Impact Report for SP -76-01, accepted by Council on April 19, 1976. The Planning Commission recommended approval subject to conditions. Raymond Levanas, architect, 3345 Newport Boulevard, Newport Beach, was present representing the applicant and agreed to the con- ditions. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett and Councilwoman Smallwood absent, the application was,approved subject to conditions as recommended by the Planning Commission. Oral Darrilyn Oliver, 3077 Yukon Avenue, representing Communications residents in the northeast area of Costa Mesa, spoke concerning the Corona del Mar Freeway and their desire to have the landscaping between the San Diego Freeway and Bristol Street completed prior to the formal opening of this portion of the freeway. Bill Herget, 971 Trenton Way, Costa Mesa, C IOU spoke in support of Mrs. Oliver and expressed the need for access to the freeway from Paularino Avenue. Adjournment The Mayor declared the meeting adjourned at 11:45 p.m. Mayor of t &RIty, o Costa Mesa ATTEST: G, City Clerk of the City of Costa Me 1