Loading...
HomeMy WebLinkAbout11/01/1976 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 1, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., November 1, 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 Doctor George 0. Wood, Newport -Mesa Christian Center. Council Members Present: Raciti, Hammett, Hertzog, McFarland, Smallwood Council Members Absent: None Proclamation "'`A proclamation declaring the week of November 8 Youth through 14, 1976, as Youth Appreciation Week in the Appreciation City of Costa Mesa, was approved. Week Ordinances On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, all ordinances will be read by title only. Increase in The Clerk presented from the meeting of October 4, Taxi Cab Fares 1976, a request from Herman R. Tate, Yellow Cab of Newport and Costa Mesa, Incorporated., 11251 Slater Avenue, Fountain Valley, for an increase in taxi cab fares. After discussion, on motion by Council- woman Hertzog, seconded by Councilman McFarland, an increase of 15 percent 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 1 Ll 1 Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/City Engineer, City. Clerk Minutes The Mayor declared the Minutes of the adjourned September 14, meeting of September 14, 1976, the regular meeting October 4, and of October 4, 1976, and the .regular meeting of October 18, October 18, 1976, approved as distributed and 1976..............osted as there were no corrections. Proclamation A__proclamation, initiated by the March of Dimes, March of'bimes declaring the week of November 14 through 21, 1976, Week of :Concern as Week of Concern in the City of Costa Mesa, was approved. Proclamation A proclamation declaring the week of November 15, Alcoholism 1976,,:'as Alcoholism Action Week in the City of Costa Action Week Mesa,;was approved. Proclamation "'`A proclamation declaring the week of November 8 Youth through 14, 1976, as Youth Appreciation Week in the Appreciation City of Costa Mesa, was approved. Week Ordinances On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, all ordinances will be read by title only. Increase in The Clerk presented from the meeting of October 4, Taxi Cab Fares 1976, a request from Herman R. Tate, Yellow Cab of Newport and Costa Mesa, Incorporated., 11251 Slater Avenue, Fountain Valley, for an increase in taxi cab fares. After discussion, on motion by Council- woman Hertzog, seconded by Councilman McFarland, an increase of 15 percent 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 1 Ll 1 1 1 Sale of Surplus The Clerk presented a proposed resolution calling Property on 20th for bids on the sale of surplus property at 20th Street Street and Fullerton Avenue.- The City Manager recommended that this property be sold in its present condition due to the fact that prospective buyers have indicated an interest in redeveloping this site. After discussion, on motion by Council- woman Smallwood, seconded by Councilwoman Hertzog, authorization to sell the property in its present Resolution 76-132 condition was approved, and Resolution 76-132, Calling for Bids being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO DISPOSE OF SURPLUS REAL PROPERTY; DESCRIBING THE LAND TO BE SOLD; SETTING FORTH IN GENERAL TERMS THE INTEREST EASEMENTS OR RESERVATIONS TO BE RESERVED BY THE PUBLIC, IF ANY; SETTING THE TIME AND PLACE OF THE SALE; ESTABLISHING TERMS AND CONDITIONS OF THE SALE, AND CALLING FOR SEALED BIDS IN WRITING, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, Smallwood NOES: Council Members: McFarland ABSENT: Council Members: None Agreement to The City Manager recommended approval of an agree - Join SCAG ment to join the Southern California Association of Governments (SCAG). During the discussion which followed, Vice Mayor Hammett expressed his opposi- tion to this proposal which he feels will be of no benefit to the City. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Smallwood, McFarland NOES: Council Members: Hammett, Hertzog ABSENT: Council Members: None R -76-27A On motion by Vice Mayor Hammett, seconded by Sewell Councilman McFarland, Ordinance 76-44, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 76-44 MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS ONE, Adopted 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 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 R-76-01 On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, Ordinance 76-49, being AN Ordinance 76-49 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 75, FAIRVIEW FARMS, FROM M1 TO MG, 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 R-76-02 On motion by Councilman McFarland, seconded by Councilwoman Smallwood, Ordinance 76-50, being Ordinance 76-50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Adopted COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF 19 J" LOTS 92, 100, AND 101, OF TRACT 653, FROM M1 TO MG, 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 R-76-03 On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, Ordinance 76-51, being AN Ordinance 76-51 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 1102 AND A PORTION OF LOT 1101 OF NEWPORT MESA TRACT, FROM M1 TO MG, 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 R-76-04 On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, Ordinance 76-52, being AN Ordinance 76-52 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 1105, 1006, 1007, 1108, AND 1008 OF NEWPORT MESA TRACT, FROM M1 TO MG, 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 R-76-05 On motion by Councilman McFarland, seconded by Councilwoman Hertzog, Ordinance 76-53, being AN Ordinance 76-53 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 1109, 1111, 1011, 1112, AND 1012, NEWPORT HEIGHTS TRACT, FROM M1'TO MG, 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 R-76-06 On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, Ordinance 76-54, being AN Ordinance 76=54 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA,.CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 507, 407, AND 408, NEWPORT MESA TRACT, FROM M1 TO MG.; 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 R-76-07 On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, Ordinance 76-55, being AN Ordinance 76-55 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted 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 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 R7,76-34 On motion by Councilwoman Smallwood, seconded by Vice Manookian Mayor Hammett, Ordinance 76-56, being AN ORDINANCE OF Developers THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS SEVEN AND EIGHT OF TRACT Ordinance 76-56 2421 FROM Cl TO R.3 -CP, was given second reading and Adopted adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None R-76-35 On motion by Councilwoman Hertzog, seconded by Council- woman Smallwood, Ordinance 76-57, being AN ORDINANCE OF Ordinance 76-57 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF PARCEL TWO OF PARCEL MAP S-74-04, FROM C2 TO I AND R, 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 R-76-36 On motion by Councilwoman Smallwood, seconded by Councilman McFarland, Ordinance 76-58, being AN ORDINANCE Ordinance 76-58 -OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF A PORTION OF LOT "A" OF BANNING TRACT IN THE RANCHO SANTIAGO DE SANTA ANA, FROM Cl -CP TO I AND R, 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 R-76-37 On motion by Councilwoman Hertzog, seconded by Vice Mayor Hammett, Ordinance 76-59, being AN ORDINANCE OF Ordinance 76-59 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted 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 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 R-76-38 On motion by Councilwoman Smallwood, seconded by Vice Hawley and Mayor Hammett, Ordinance 76-60, being AN ORDINANCE OF Burkhart THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 121, NEWPORT Ordinance 76-60 HEIGHTS TRACT, FROM Cl TO R4 -CP, 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 Health On motion by Vice Mayor Hammett, seconded by Council - Planning woman Hertzog, and carried, a call for nominations Council for Assembly at Large positions and Board of Directors from the -Orange County Health Planning Council, was Held Over held over to the meeting of November 15, 1976, at the request of the City Manager. ZE-76-159 The Clerk presented from the meeting of October 4, 1976, Palmer application for Zone Exception ZE-76-159, frank C. Palmer, 1589 Minorca Drive, Costa Mesa, for a Conditional Use Permit for open storage in conjunction with construc- tion of a 12,480 square foot public storage building with variance from required parking and landscaping, located at 2672 Newport Boulevard in a C2 zone. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications have been received. The Planning Director indicated that a revised plan has been submitted to improve the traffic circulation and provide additional parking spaces. Rolly Pulaski, architect for the project, was present, along with the applicant, and answered questions from the Council. The applicant was in agree- ment with the conditions that would be imposed if the application were approved. Tom Lee, 6306 West Ocean- front, Newport Beach, was present, representing adjacent property owners, and asked questions concerning the type of traffic which would be generated by the proposed project. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions recom- mended by the staff, including those requirements listed in the Fire Department's staff report. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 32, application for Zone Exception ZE-76-168, J. E. Corderre. On motion by Vice Mayor. Hammett, seconded by Council- woman Hertzog,' the remaining Consent Calendar items were approved in one motion, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Retirement An Actuarial Valuation of the Costa Mesa Retirement Plan Plan, as of June 30, 1976, was received and filed. Statewide A copy of the California Statewide Housing Plan, and Housing Plan schedule of public hearings to review the Plan, was received and processed. Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Department -of Notification from the Orange County Department Social Services of Social Services of four meetings to be held October 27 through 30, 1976, to assess and plan the third Comprehensive Annual Services Program. Local Agency Notification from the Orange County Local Agency Formation Formation Commission of a hearing on October 13, Commission 1976, regarding the proposed annexation to the Costa Mesa Sanitary District, designated Engineer's No. 166 Annexation; located east of Pullman Street, north of McCormick Avenue, in northeast Costa Mesa. . 1 1 1 Sale.of Certain Letter from the Office of the Orange County Tax Deeded Property Tax Collector -Treasurer, enclosing a copy of in the City of the minutes of the Board of Supervisors Costa Mesa approving sale of certain tax deeded property in the City of Costa Mesa. Housing Resolution from the Orange County Housing Authority Authority supporting Proposition I: proposed addition of Part 4 to Division 31 of the Health and Safety Code, Housing Finance Bond Law of 1975. Public Notice of Hearings from the Public Utilities Utilities. Commission, to be held December 14, 1976, at Commission 10:00 a.m., in the, Commissioner's Courtroom, 107 South Broadway, Los Angeles, regarding the following: Case No. 10056 - Investigation on the Commis- sion's own motion regarding exploration programs of Pacific Gas and.Electric Company, Southern California Gas Company, Southern California Edison Company, and San Diego Gas and Electric Company. EXPO 81 Resolution from the City of Westminster endorsing and supporting an international exposition in 1981 to be held at Ontario Motor Speedway to be known as EXPO 81. New Office Letter from Mayor Philip L. Anthony, City of for League Westminster, stating that the City Council of Cities opposes,the proposed new office -construction by the League of California Cities. Paramedic Resolution from the City of Orange urging.the Services California State Legislature to enact legisla- tion that will provide permanent authority to local governments for the provision of Paramedic services. South Coast Resolution from the City of Cypress endorsing Air Quality selection of Councilwoman Sonia Sonju as a Management member of the Board of the South Coast Air District Quality Management District. Air Pollution Resolution from the City of Yorba Linda Control Board recommending Irwin M. Fried for election by the Mayors' Selection Committee of the Orange Application No. 56471 - In the matter of the joint application of Southern California Gas Company and Pacific Lighting Service Company for authorization to continue to submit new and/or revised gas exploration and develop- ment projects for an additional three-year period as authorized in the Gas Exploration and Development (GEDA) Procedure, approved by the Commission in Decision No. 81898, Appli- cation No. 53625, issued September 25, 1973. Application No. 56709 - Pacific Gas and Electric Company, for authority to establish a procedure to adjust its gas rates periodically to provide funds for gas exploration and develop- ment activities. - Vector Control Minutes of the 356th meeting of the Orange District County Vector Control District, held on September 16, 1976. EXPO 81 Resolution from the City of Westminster endorsing and supporting an international exposition in 1981 to be held at Ontario Motor Speedway to be known as EXPO 81. New Office Letter from Mayor Philip L. Anthony, City of for League Westminster, stating that the City Council of Cities opposes,the proposed new office -construction by the League of California Cities. Paramedic Resolution from the City of Orange urging.the Services California State Legislature to enact legisla- tion that will provide permanent authority to local governments for the provision of Paramedic services. South Coast Resolution from the City of Cypress endorsing Air Quality selection of Councilwoman Sonia Sonju as a Management member of the Board of the South Coast Air District Quality Management District. Air Pollution Resolution from the City of Yorba Linda Control Board recommending Irwin M. Fried for election by the Mayors' Selection Committee of the Orange County Division, League of California Cities, to the Southern California Air Pollution Control Board. Tax Revenues Resolution from the City of Walnut urging re -distribution of sales tax revenues on the basis of population. Strike Control Resolution from -the City of Newman requesting During Harvest the League of California Cities to initiate Season and support legislation controlling strikes in the agricultural crop processing industry at harvest season. California Letter from Deputy Assistant to the Governor, Whale Program asking support of a program entitled "Cali- fornia Celebrates the Whale", scheduled for November 20, 1976, at the Sacramento Memorial Auditorium, presented by the Office of Governor Edmund R. Brown, Jr. Trailer Coach Letter from Kenneth Cory, State Controller, Fees outlining the apportionment of trailer coach fees to counties, period of January 1, 1976, to June 1, 1976. Housing and Letter from the Director of the State of Community. California Housing and Community Development, Development announcing hearings on the proposed revision of the State Housing Element Guidelines (copy enclosed), which are set for November 5, 1976, ..in the auditorium of Patriotic Hall, 1816 South Figueroa Street, Los Angeles, at 10:00 a.m., and for November 8, 1976, auditorium two, Veterans' Building, San Francisco, at 10:00 a.m. Comments and suggestions are requested. Claims The following claims were received by the City Clerk and no action is required: Attorney Gregory Munoz on behalf of Patricia Ann Brown and MaKenna Leigh Brown, a minor; and Attorney David G. Ure on behalf of Ricardo R. Mendoza. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: Virginia Mae McComb, doing business as Soup-er Sandwich, 488 East 17th Street; and End - Fling, Incorporated, doing business at 145 Reading Folder East 19th Street. Business Notice.of Intention to Solicit for Charitable Purpose Permits from Double Check Retreat, Incorporated, 9561 East Whittier Boulevard, Pico Rivera, by pickup of reusable Double Check household discards, November 1, 1976, through January 30, Retreat 1977, was approved with Section 9-234J of the Municipal Code waived. Mesa Lanes A request from Richard Kaiser and Frederick Krauth, Mesa Lanes, -1703 Superior Avenue, for an entertainment permit, was approved subject to one condition of the Revenue Department. Balboa Ski A request from Fred R. Hernandez, Orange County Ski Show - Show, Balboa Ski Club, 1000 Quail Street, No. 150, Hernandez Newport Beach, for an exhibition at the Orange County Fairgrounds, October 23 and 24, 1976, was ratified. Set for Public The following items were set for public hearing on Hearing November 15, 1976, at 6:30 p.m., in the Council Chambers of City Hall: i 1 1 GP -76-3B General Plan Amendment GP -76-3B, Costa Mesa Costa Mesa Planning Commission, and Jerwel Enterprises, Planning 111 East Third Street,. San Dimas, for permission Commission to amend the land use designation of property and Jerwel located at 2700 Bristol Street, and the north - Enterprises east corner of Bristol Street and the Newport Freeway, from Light Industry to General -Commercial. A Negative Declaration of Environ- mental Impact has-been filed. GP -76-3E General -Plan Amendment GP -76-3E, Howard C. Morrow Morrow, 23038 Crenshaw Boulevard,. -Torrance, for permission to amend the land use designation of the parcels located at 284 and 292 Victoria Street, from General Commercial to High Density Residential. The Planning Commission also considered amendments for parcels located between 260 and 300 (even numbers) Victoria Street. The California Environmental Quality Act requirements have been met by the Environ- mental Impact Report for GP -76-1C. GP -76-3F General Plan Amendment GP -76-3F, Costa Mesa Planning Commission, for permission to amend the Circulation Element by deleting the unnamed arterial (commonly referred to as Bluff Road), north of Wilson Street, from the Master Plan of Highways. A Negative Declaration of Environ- mental Impact has been filed. GP -76-3G General Plan Amendment GP -76-3G, Costa Mesa •Planning Commission, for permission to amend the Circulation Element of the General Plan by upgrading the designation of 18th Street at Newport Boulevard (400 feet east and west of centerline), from a commuter (74 -foot right- of-way), to a secondary highway (84 -foot R-76-40 Rezone Petition R-76-40,Richard 0. Schlesinger, Schlesinger 254 Victoria Street, Costa Mesa, for permission to rezone property located at 260 and 266 Victoria Street, from AP -CP to C2 in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. R-76-41 Rezone Petition R-76-41, Becker and Minkoff, Becker and Frank Becker, Theodore Tanner, and Richard Minkoff/ -Massen, 341-2 Quiet Cove, Corona del Mar, for Becker/Tanner/ permission to rezone property at 125, 127, 129, Massen 141, and 145 Cabrillo Street, from AP (Adminis- trative and Professional) to C2 (Commercial) consistent with the Central Area Plan. A Negative Declaration of Environmental Impact has been filed. R-76-42 -Rezone Petition R-76-42, Richard Sewell, Incor- Sewell porated, 136 Rochester Street, Costa Mesa, for permission to rezone property located at the northwest corner of Newport Boulevard and Vanguard Way, from C1 -CP to R4 -CP in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. R776-43. Rezone Petition R-76-43, J. H. Gregory Construc- Gregory tion, 1919 Newport Boulevard, Costa Mesa, for permission to prezone property located at 2282 Canyon Drive, Costa Mesa, from County R4 to City R2 -CP in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. GP -76-3B General Plan Amendment GP -76-3B, Costa Mesa Costa Mesa Planning Commission, and Jerwel Enterprises, Planning 111 East Third Street,. San Dimas, for permission Commission to amend the land use designation of property and Jerwel located at 2700 Bristol Street, and the north - Enterprises east corner of Bristol Street and the Newport Freeway, from Light Industry to General -Commercial. A Negative Declaration of Environ- mental Impact has-been filed. GP -76-3E General -Plan Amendment GP -76-3E, Howard C. Morrow Morrow, 23038 Crenshaw Boulevard,. -Torrance, for permission to amend the land use designation of the parcels located at 284 and 292 Victoria Street, from General Commercial to High Density Residential. The Planning Commission also considered amendments for parcels located between 260 and 300 (even numbers) Victoria Street. The California Environmental Quality Act requirements have been met by the Environ- mental Impact Report for GP -76-1C. GP -76-3F General Plan Amendment GP -76-3F, Costa Mesa Planning Commission, for permission to amend the Circulation Element by deleting the unnamed arterial (commonly referred to as Bluff Road), north of Wilson Street, from the Master Plan of Highways. A Negative Declaration of Environ- mental Impact has been filed. GP -76-3G General Plan Amendment GP -76-3G, Costa Mesa •Planning Commission, for permission to amend the Circulation Element of the General Plan by upgrading the designation of 18th Street at Newport Boulevard (400 feet east and west of centerline), from a commuter (74 -foot right- of-way), to a secondary highway (84 -foot EIR for GP -76-3D GP -76-3D Segerstrom and Costa Mesa Planning Commission right-of-way). A Negative Declaration of Environmental Impact has been filed. Final Environmental Impact Report for General Plan Amendment GP -76-3D. General Plan Amendment GP -76-3D, C. J. Segerstrom and Sons, 3316 'Fairview Road, Costa ,Mesa, and Costa Mesa Planning Commission, for permission to amend the land use designation of the property extending approximately 630 feet east of Fairview Road, between Sunflower Avenue and the San Diego Freeway, from General Commercial to Medium Density Residential; and amendments for the property located approxi- mately 1,200 feet east of Fairview Road and south of Sunflower Avenue and east of -Smalley Road, from Public and Semi-public to Low Density Residential. R-76-45 Rezone Petition R-76-45, Costa Mesa Planning Commission, for permission to rezone property located at 763, 759, and 753 West 19th Street, from Cl to R2 -CP and R3 -CP. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for the Westside Community Plan. R-76-46 Rezone Petition R-76-46, Costa Mesa Planning Commission, for permission to rezone property located at 666.West 19th Street, from Cl to R4 -CP. The California Environmental Quality Act requirements have been met by the Environ- mental Impact Report for the Westside Community Plan. R-76-47 Rezone Petition R-76-47, Costa Mesa Planning Commission, for permission to rezone property located at 630 to 650 Plumer Street, and 1885 Anaheim Avenue, from Cl to R2 -CP and I and R. The California Environmental Quality Act requirements have been met by the Environ- mental Impact Report for the Westside Community Plan. R-76-48 Rezone Petition R-76-48, Costa Mesa Planning Commission,'for permission to rezone property located on the south side of Victoria Street, east of the Santa Ana River lowlands, from M1 to R1. The California Environmental Quality Act requirements have been met by the Environ- mental Impact Report for the Westside Community Plan. R-76-49 Rezone Petition R-76-49, Costa Mesa Planning Commission, for permission to rezone property located at 2109 Valley Road, from R3 -CP to R1. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for the Westside Community Plan. Refunds On recommendation by the Street Superintendent, refund of a $100.00 pool construction bond to Fred McGavran, McGavran 2134 Iris Place, Costa Mesa, on Permit No. 1246, as construction has been completed at that address, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None I L' LIA Peters On recommendation by the. Finance Director, a refund of $8.00 to Charles Peters, 3214 Dakota Avenue, Costa Mesa, representing duplicate payment of a dog license, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None, ABSENT: Council Members: None Clement On recommendation -by the Finance Director, a refund of $11.25 to Kerri L. Clement, 7934 Glencoe Avenue, Huntington Beach, for dog licenses, as owner relo- cated in another City, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Perkins On recommendation by the Finance Director, a refund of $5.00 to Ross L. Perkins, 13731 Olympic Avenue, Costa Mesa, for dog license, as address in not within City limits, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Kogler On recommendation.by the -Finance Director, a refund of $40..00 to Edwin Kogler, 636 Joann Street, Costa Mesa, on Business License 2586, due to sale of busi- ness, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Hoversten On recommendation by the Finance Director, a refund of $15.00 to Herman Hoversten, 19350 Ward Street, No. 13, Huntington Beach, on Business License 1643, due to sale of business, 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 Rolf's On recommendation by the Finance Director, a refund Manufacturing of $15.00 to Rolf's Manufacturing, 1835 Whittier Avenue,.Unit C-8, Costa Mesa, representing an over- payment on a business license, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Phelps On recommendation by the Finance Director, a refund of $30.00 to G. M. Phelps, 2143 Mallul Drive, Anaheim, representing an overpayment of a business license, was approved by the following roll call vote: AYES: -Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Sutton On recommendation by the Finance Director, a refund of $15.00 to Don Sutton, 15121 Yawl Street, Garden Grove, representing an overpayment of a business license, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Moore -On recommendation by the Finance Director, a refund of $35.00 to Jack and Georgiana Moore, 1555 Mesa Verde Drive East, No. L-140, Costa Mesa, on Business License 4329, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Final Map of On"motion by Vice Mayor Hammett, seconded by Tract 9270 Councilwoman Hertzog, Final Map of Tract 9270, Champco Development, Incorporated, 881 Dover Drive, Champco Suite -.13, Newport Beach; 10 lots, 0.72 acres, for Development condominium purposes, was approved; the Council did also approve subject Tract Map pursuant to the pro- visions of Section 66436(b-1) of the Subdivision Map Act; and the Clerk was authorized to sign said Map 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 for An agreement with the California Department of Signal Transportation for modifications of traffic control Modifications signal systems at the intersections of Industrial on Newport Way, 16th Street, Rochester Street, and Harbor Boulevard Boulevard, with State Highway Route 55 (Newport Boulevard) was presented. The estimated City's share of the cost is $11,500.00. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, 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 'Councilwoman Vehicles Hertzog, the contract was awarded to Theodore Robins Leasing Company, 2096 Harbor Boulevard, Costa Mesa, by Awarded the following roll.call vote: Theodore Robins AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None r._ 13 Bid Item 325 Bids received for Bid Item 325, One Rescue Tool, are Rescue Tool on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the Awarded bid was awarded to Western States Fire Apparatus of Western States California; 366 South Eagle Nest Drive, Diamond Bar, Fire Apparatus in the amount of $5,031.00, being the lowest bid of California 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 326 Bids received for Bid Item 326, Asphalt for Repair Asphalt of City Street, are on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded by Council - Awarded woman Hertzog, the bid was awarded to Blue Diamond Blue Diamond Materials, Post Office Box 432, Orange, being the Materials lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 328 Bids received for Bid Item 328, for the Furnishing Revolvers of 45 Revolver Handguns, are on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded Awarded by Councilwoman Hertzog, the bid was awarded to Munsen Sporting Munsen Sporting Goods, 350 East Paularino Way, Costa Goods Mesa, in the amount of $5,175.00, 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 ZE-76-168 Item 32 on the Consent Calendar, application for Coderre Zone Exception ZE-76-168, J. E. Coderre, 2130 Canyon Drive, for a variance from Sign Code to Withdrawn legalize existing wall sign on the north elevation of,a non -conforming industrial building, in an R2 -CP zone located at that address, was presented. The Planning Commission recommended withdrawal of the application as requested by the applicant. The Director of Planning recommended a refund of 75 percent of the filing fee. On motion by Council- woman Smallwood, seconded by Councilwoman Hertzog, the application was withdrawn as recommended by the Planning Commission, and a refund of 75 percent of the filing fee 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 Vice Mayor Hammett, seconded by Resolution 958 Councilwoman Smallwood, Warrant Resolution 958, including Payroll 7620, 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 Councilwoman Smallwood, seconded by Resolution 959 Councilwoman Hertzog, Warrant Resolution 959 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 Warrant On motion by Councilman McFarland, seconded by Resolution 960 Councilwoman Hertzog, Warrant Resolution 960, including Payroll 7621, 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 Vice Mayor'Hammett, seconded by Resolution 961 Councilwoman Hertzog, Warrant Resolution 961 was approved 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 Attorney presented a five-year agreement South Coast between the City and South Coast Repertory Theatre Repertory concerning the allocation of Revenue Sharing funds Theatre in the amount of.$250,000.00, for the construction of theatre facilities. After discussion, on motion by Councilwoman Hertzog; seconded by Councilman McFarland, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Progress 1977 The City Manager presented a request from the Advertisement Orange Coast Daily Pilot to place a "Junior Page" advertisement in Progress 1977, in the amount of $475.00. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, the request was approved 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 Schafer the City and Jeanette C. Shafer, for the acquisi- tion of Parcels 9 and 10 at 561 and 561-1/2 Plumer "Super Block" Street, for the "Super Block" project. The agree= Parcels 9 ment stipulates a payment of $51,900.00, and for and 10 escrow to terminate as soon as possible. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 I. 1 Ci 1 Housing and The City Manager presented a request from the Housing Community and Community Development Committee for the appoint - Development ment of a new regular member to the Committee'to Committee replace Paul Kugler. On motion by Councilwoman Appointment Hertzog, seconded by Councilwoman Smallwood, and carried, Diana Milroy was appointed to fill the vacancy. HCD The City Manager presented a revision in the eligibil- Rehabilitation ity standards for the Housing and Community Development Loan and Grant (HCD) Rehabilitation Loan and Grant Program. The Program proposed revision would make the eligibility standards less restrictive, and include a provision for reim- bursement to the City's.grant program if the applicant sells the home within a six-year period after receiving assistance. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the revision was approved. Retirement The City Manager presented Amendment No. 5 to the Plan - Costa Mesa Employees' Retirement Plan allowing Amendment employees to join the plan and buy back past service. No. 5 This would provide a period of November 15, 1976, to February 15, 1977, for the buy back. On motion by Vice Mayor Hammett, seconded by Councilwoman'Smal1- wood, the amendment was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Councilwoman Councilwoman Smallwood left the meeting at this point Smallwood and therefore did not participate in the voting on Leaves the following two motions. Redevelopment On motion by Councilman McFarland, seconded by Mayor Agency Members Raciti, authorization was given to compensate the Compensation Redevelopment Agency Members for a third meeting held in October, in accordance with the bylaws, at $25.00 each, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, NOES: Council Members: None ABSENT: Council Members: Smallwood NIWA The City Manager recommended the appointment of Appointment Charles Roberts as the second alternate member to Newport -Irvine Waste Management Planning Agency (NIWA). On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, Councilwoman Smallwood absent, the appointment was approved. Public Hearing The Clerk announced that this was the time and place Conflict of set for the public hearing to consider adoption of a Interest conflict of interest code. The affidavit of publica- tion is on file in the Clerk's office. No written communications have been received. There being no speakers.wishing to be heard on this matter, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Resolution 76-98A Hertzog, Resolution 76-98A, being,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA. CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL, PURSUANT TO THE POLITICAL REFORM ACT OF 1974, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Specific Plan set for the public hearing to consider Specific Plan SP -76-02A SP -76-02A, Revised, for property located north of Revised the San Diego freeway-, west of Bear Street, and east of San Leandro Road. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for General Plan Amend- ment GP -76-2A, accepted by Council September 20, 1976. 'The affidavit of publication is on file in the Clerk's office. A communication was received from Daniel Gott, 953 Dahlia Avenue, Costa Mesa, expressing objections to the plan -as proposed. Doug Clark of the Planning staff discussed the two main issues of the proposed plan. first, he addressed the subject of park land dedication requirements. The City's dedication/in lieu fee ordinance requires that.the City determine whether fees or land dedication will be required of a development. The Planning staff recommends that Arnel Development be required to dedicate approxi- mately four acres adjacent to the existing Wakeham Park, to meet this requirement as part of their proposed development. The Planning Commission recommended in this,regard that the requirement be met by a,combination of in lieu fees and/or dedica- tion, and shall be provided based upon the need as decided upon by the City. The next issue to be addressed concerned the question of allowing a density credit for the 4.2 -acre dedication of South Coast Drive in the calculation of dwelling units for the project on the south side of South Coast Drive. The Planning staff recommends against allowing a density credit. The Planning Commission recommended that a density credit be given for the street dedication, but added that this .recommendation should not be construed- as'a precedent for granting density credit in the future for street dedications. The City Manager made a recommendation that the Arnel Develop- ment Company not be required to dedicate the four acres for park purposes, with the thought that the fees collected could be used for -acquisition of a larger park site on the west side which he feels is a higher.priority.George Argyros, 1651 East'Fourth Street, Santa Ana,, described the development of Parcel B. Mr. Argyros further stated that the park dedica- tion previously discussed would not be possible due to the fact that the -property -being developed is on a ground lease and not owned by this developer. Paul Diehl, President of the North Costa Mesa Homeowners - Association, 1092.Santa Cruz Circle, spoke in support of the staff's recommendations concerning the park dedication and density credit. Daniel Gott, repre- senting homeowners in the Greenbrook Tract, presented a petition containing 237 signatures opposing the alignment;of'South Coast Drive. Mr. Gott expressed great -concern that the construction of South Coast Drive, as proposed, will have extreme adverse environmental impacts on the surrounding residential areas. Mr. Gott presented a proposal.for the re- alignment of this street, and further reported on discussions with the Arnel Development Company concerning additional landscaping that could be provided if the street width were reduced. Harry Rinker of the Arnel Development Company, spoke in response to Mr. Gott, expressing a willingness to provide additional landscaping on the north side of the street if the City were to eliminate certain of their requirements. The City Manager indicated that the matter of South Coast Drive was an item to be more appropriately addressed when the Precise Plan is considered. There being no other speakers, a motion was made by Mayor Raciti, seconded by Vice Mayor Hammett, and carried, to close the public hearing. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, the Planning Commission's recommendations'were supported with one amendment that the park land dedication requirement be satisfied by in lieu fees, and Resolution 76-133 Resolution 76-133, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN SP -76-02A, REVISED, FOR PROPERTY LOCATED NORTH OF THE SAN DIEGO FREEWAY, EAST OF BEAR STREET, AND WEST OF SAN LEANDRO ROAD, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R -76-29A set for the public hearing for Rezone Petition R -76-29A; Costa Mesa Planning Commission, for permission to rezone property located north of the San Diego Freeway, west of Bear Street, and east of San Leandro Road, from CR, Commercial Recreational, and Al, General Agricultural, to PDR -MD, Planned Development Residential -Medium Density. The Cali- fornia Environmental Quality Act requirements have been met by the Environmental Impact Report for General Plan Amendment GP -76-2A, accepted by Council September 20, 1976. The affidavit of publication is on file in the Clerk's office. No communications have been -received. The Planning Commission reconsidered this item on October 25, 1976, and recommended approval from Al to PDR -LD on Parcel A (8 acres), and from CR to PDR -MD for Parcel B (38 acres). There being no speakers, a motion was made by Councilman McFarland, seconded by Vice Mayor Hammett, and carried, to. close the public hearing. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the Planning Commission's recommendation was approved, and Ordinance 76-61, Ordinance 76-61 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY First Reading OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LAND ALLOTTED TO JAMES McFADDEN PER FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, FROM Al AND CR TO PDR -LD AND PDR -MD, 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 Recess The Mayor declared a recess at 8:55 p.m. and the meeting reconvened at 9:10 p.m. Public Hearing The Clerk announced that this was the time and place Revision to set for the public hearing to consider a request Precise Plan from the Costa. Mesa Planning Commission for a for Streets "A" revision to Precise Plan for extension of Street "A" and "B" (Newhall Street), from Whittier Avenue to Monrovia Avenue, between West 16th Street and West 17th Street; Resolution 76-134 Public Hearing Specific Plan for Extension of Village Way Resolution 76-135 and abandonment of that portion of the Precise Plan relating to Street "B" northerly from West 16th Street for 630 feet between Whittier and Monrovia Avenues, as adopted by City Council Resolution 684. A Negative Declaration, of Environmental Impact has been filed. The affidavit of publication is on file in the C1erk's'office. No communications have been received. There being no speakers on this item, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Resolution 76-134, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE SPECIFIC PLAN ADOPTED BY RESOLUTION NUMBER 684, STREETS "A" AND "B" IN THE AREA BETWEEN WHITTIER AND MONROVIA AVENUES AND BETWEEN WEST SIXTEENTH AND WEST SEVEN- TEENTH STREETS, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None The Clerk announced that this was the time and place set for the public hearing to'consider a request from the Costa Mesa Planning Commission for a Specific Plan for the extension of Village Way between College Avenue and Pinecreek Drive. 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 on this item, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Resolution 76-135, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A SPECIFIC PLAN FOR THE EXTENSION OF VILLAGE WAY BETWEEN COLLEGE AVENUE AND PINECREEK DRIVE, 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 The Clerk presented an interim ordinance to be Interim adopted as an urgency measure prohibiting all uses Ordinance in the general area between 18th Street, 17th Street, - Building Monrovia Avenue, and the west City limits, for four Moratorium months, pending the outcome of a staff study. The following citizens offered their opinions on what Denied would be suitable zoning for this area: Dave Salcido, 954 West 17th Street, Ken McFarland,,2929 Baker Street, and Hans LeMay, 998 West 17th Street. After discussion, on motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, Mayor Raciti voting no, adoption of the ordinance was denied. ZE-76-139 The Director of Planning presented an application Lively for Zone Exception ZE-76-139, .loan B. Lively, Post Office Box 187, Corona del Mar, for a variance from Held Over minimum parcel size to allow division of property into two parcels,.in an R3 zone located at 3000 and 3002 Fillmore Way. 'An Exempt Declaration of Environ - 1 f7 1 mental Impact has been filed. The Planning Commis- sion recommended approval subject to conditions. On motion by.Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the application was held over for 30 days, to the meeting of December 6, 1976, as requested by the applicant. ZE-76-148 The Director of Planning presented an application Seidner for Zone Exception ZE-76-148, Edward R. Seidner, Denied 1122 North Angeleno Avenue, Azusa, for a variance from landscaping requirements to allow construction of a 180 square foot office, and use of property for recreational vehicle sales, in a C2 zone located at 1977 Harbor Boulevard. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. A letter in favor of the request has been received from Ronald A. Berg, 12731.Owen Street, Garden Grove, owner of property at 523 Bernard Street, Costa Mesa. The applicant was not in attendance. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the applica- tion was denied. ZE-76-166 The Director of Planning presented an application The Real Estaters for Zone Exception ZE-76-166, The Real Estaters, 1700 Newport Boulevard, Costa Mesa, for a variance Held Over from Sign Ordinance to allow construction of 47-1/2 and 42 square foot wall signs (17-1/2 and 17 square.feet permitted), in a C1 zone, located at that address. An Exempt Declaration of Environ- mental Impact has,been filed. The Planning Commission and Redevelopment Agency recommended denial. A letter in opposition to the request has been received from Mr. and Mrs. Michael Corraro, 6620 North San Gabriel Boulevard, San Gabriel. Randy McCardle, Steve Porter, and Gary Winters, were in attendance representing the applicant and presented rationale in support of the request. After lengthy discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, this item was held over for two,weeks, to the meeting of November 15, 1976. ZE-76-169 The Director of Planning presented an application Byers for Zone Exception ZE-76-169, S. H. Byers, 401 Via Lido Soud., Newport Beach, for a Conditional Use Denied Permit for off -premise parking to allow construc- tion of a 1,734 square foot addition to an existing commercial building, with variances from parking, landscaping, and setback requirements, in a C2 zone located at 1801 Newport Boulevard. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications have been received. .The applicant was in attendance and spoke in support of the request. After discussion, on motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the application was denied. ZE-76-170 The Director of Planning presented an application Nourse for Zone Exception ZE-76-170, Peter Nourse, 423 Avocado Avenue, Corona del Mar, for a variance to allow seven percent density deviation to construct a ten -unit apartment complex (2,805 square feet per unit), in an R2 zone located at 1669 and 1675 Tustin 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 in attendance and agreed to the conditions. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and. -carried, Councilwoman Smallwood voting no, the.Negative Declaration of Environmental Impact- was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-171 The Director of Planning presented an application Nourse for Zone Exception ZE-76-171, Peter Nourse, 423 Avocado Avenue, Corona del Mar, for a variance to allow seven percent density deviation to construct a nine -unit apartment complex (2,800 square feet per unit),- in an R2 zone located at 2340 Santa Ana Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. Com- munications in opposition to the request have been received. from the .following citizens: James C. Watson, 23.25 La Linda Place, Newport Beach; Mrs. Kazuo Shigaki, 2336 Cynthia.Court, Costa Mesa; Mr. and Mrs. Neil S. Avellar, 340 Cherry Tree Lane, Newport Beach; and -Mr. J. A. Mayhew', 2884 East Wilson Street, Costa Mesa. A motion by Council- woman Smallwood to deny the request was later . withdrawn. Councilwoman Smallwood explained her opposition to the request by expressing her opinion that too many density deviations are being per- . mitted in -the City, particularly on the east side. Councilwoman Hertzog concurred with these remarks and felt that a study should be done on the east side to determine the capacities of public facilities serving this -area. After discussion, on motion by Councilman McFarland, seconded by Councilwoman Hertzog,.and carried, Councilwoman Smallwood voting no, the.Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions.as recommended by the Planning Commission. ZE-76-172 The Director of .Planning presented an application USA Petroleum f or- Zone Exception ZE-76-172, USA Petroleum Corporation Corporation, 1633 - 26th Street, Santa Monica, for a Conditional Use Permit to remodel an exist - Denied ing service station in a C1 -CP zone, located at 2050 Harbor Boulevard. An Exempt Declaration of Environmental Impact has been filed. The Planning - .Commission recommended denial.- No communications have been received. Ken Sorgatz and Robert Malouf were present, representing the applicant, and spoke in support of the request. The Traffic Engineer indicated that approval of the request would cause a dangerous traffic problem on Harbor Boulevard. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the application was denied. ZE-76-173 The Director of Planning presented an application and RA -29 for Zone Exception ZE-76-173 and Redevelopment Rogan Action RA -29, John Rogan, 127-A Lisa Lane, Costa Mesa, for a Conditional Use Permit for an addition Held Over to an existing residence to operate a pre-school with a maximum of 34 students and a variance from fence standards, in an R2 zone located at 194 Flower Street. A Negative Declaration of Environ- mental Impact has been filed. The Planning Commission recommended denial. A petition contain- ing 26 signatures in opposition to the request has been received. The applicant was present and Adjournment The Mayor adjourned the meeting to a Personnel Session at 11:50 p.m. No action was taken. The Mayor declared the meeting adjourned at 12:15 a.m. Mayor of the' y of,tosta Mesa ATTEST: • i C'ty Clerk of the City of Costa esa answered questions from the Council. Mr. Rogan agreed to modify the fence to meet the standards. Councilwoman Hertzog expressed concern over the parking, and neighborhood objections. After discussion, on motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, . Councilman McFarland voting no, the application was denied. Further discussion followed with the applicant, and a motion was.made by Council- woman Hertzog, seconded by Councilman McFarland, and carried, to reconsider the previous motion. After reconsideration, on motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, this item was held over to the meeting of December 6, 1976, in order that the applicant may have an opportunity to resolve the objections previously discussed. ZE-76-174 The Director of Planning presented an application Wyper Sign for Zone Exception ZE-76-174, Wyper Sign Company, Company 680 North Fair Oaks Avenue, Pasadena, for a variance to exceed maximum sign area and letter Denied height for two wall signs and a pole sign, in a C1 -S zone located at 2701-B Harbor Boulevard. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. Glen Altmanns, representing the appli- cant, and Gene Moriarity, representing the Segerstrom Center, were present to answer questions from the Council and spoke in support of the request. After discussion, on motion by•Councilman McFarland, seconded by Councilwoman Smallwood, and carried,. -the aDDlication was denied. ZE-76-178 The Director of Planning ,resented an application Wells for Zone Exception ZE-7.6-178, Thomas Wells, 188 East 17th Street, Costa Mesa, for a Conditional Use Permit to construct 24 single-family houses with variances to encroach into the required side, front, and rear yard setbacks, in an R2 -CP zone located at the northwest corner of Canyon Drive and Hamilton 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 applicant was not present. On motion by Council- woman Smallwood, seconded by -Councilman McFarland, and carried, the Negative Declaration of Environ- mental Impact was accepted as -meeting the require- ments of the law, and the application approved subject to conditions as recommended by the Planning Commission. Adjournment The Mayor adjourned the meeting to a Personnel Session at 11:50 p.m. No action was taken. The Mayor declared the meeting adjourned at 12:15 a.m. Mayor of the' y of,tosta Mesa ATTEST: • i C'ty Clerk of the City of Costa esa