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HomeMy WebLinkAbout11/15/1976 - City Councile22 Roll Call Minutes November 1, 1976 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 15, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., November 15, 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 Brownie Troop No. 450, and Invocation by Dr. Earl W. Isbell, First United Methodist Church. Council Members Present: Council Members Absent: Officials Present: Raciti, Hammett, Hertzog, McFarland, Smallwood None City Manager, City Attorney, Director of Planning, Director of Public Services/City Engineer City Clerk The Mayor declared the Minutes of the regular meeting. of November. 1, 1976, approved as distributed and posted as there were no corrections. Presentation Pat Sanchez of the Leisure Services Department AAU Winners introduced the Southern California AAU Swimming Championship winners, Jogi Grussing, Penny Pizzo, and Tami-La"Velle. Mr'. Sanchez congratulated the winners on their achievements and presented awards to them." Ordinances On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, all ordinances will be read by title only. R -76-29A On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, Ordinance 76-61, being AN Ordinance 76-61 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted 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 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 ZE-76-166 The Clerk presented from the meeting of November 1, The Real 1976, Zone Exception ZE-76-166, The Real Estaters, Estaters 1700 Newport Boulevard, Costa Mesa, for a variance from the -Sign Ordinance to allow construction of Held Over""""" 47-1/2 and 42 square foot wall signs (17-1/2 and 17 square feet permitted), in a Cl zone located at that -address. An Exempt Declaration of Environmental Impact has been filed. Harry Winters, Vice President of The Real Estaters, was present and spoke at length in regard to the request. Mr.. Winters felt that the signs, in order to be sufficiently visible to -the motorists, should be constructed to the size proposed. He suggested that the area surrounding the letters on 1 1 1 1 1 the sign could be made opaque thereby permitting only the letters to be illuminated. After lengthy discus- sion, on motion by Councilwoman Hertzog, seconded by Councilwoman Smallwood, and carried, this item was held over to the meeting of December 6, 1976, to allow time for further study. Health The Clerk presented from the meeting of November 1, Planning 1976, appointment to the Orange County Health Planning Council Council. The Mayor recommended the appointment of Appointment Vice Mayor Jack Hammett to represent the City of.Costa Mesa on the Health Council. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Mayor Raciti's recommendation was approved. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 1 in the Reading Folder, a resolution from the City of Anaheim; and Item llc, a proposed resolution for parking prohibition on Azalea Drive. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, 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 Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Vector Control Minutes of the 357th meeting of the Orange District County Vector Control District, held on October 21, 1976. Claims The following claims were received by the City Clerk and no action is required: (a) Southern California Edison Company; and (b) Carolyn J. Stratman. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Planning Licenses Department from: Fernanda and Angelo Capraro, adding Anna and Pierre Bertolino as partners, doing business at 2230 Harbor Boulevard; Terry L. DeBard, adding Hidako and Thomas Rednon as partners, doing business as 7 -Eleven Store No. 2113-13795, 1097 West Baker Street; C. A. Easterly and Stephen Levinson, doing business as Lucky Leone's, 1700 Placentia Avenue; and Bryan Wagner Cook, doing business as Beach Billiards, 841 West 19th Street. Alcoholic Beverage License from Southland Corporation, 2683 Harbor Boulevard, Costa Mesa, has been protested by the Planning Department End - until'such time as proper permits have been Reading Folder approved by the City. Business A request from Chien -Shan Wang, Lord Jim's, 1400 Permit South Bristol Street, Costa Mesa, for an entertainment permit at that address, was approved subject to one Lord Jim's condition as recommended by the Revenue Division. Set for Public The following items have been set for public hearing Hearing on December 6, 1976, at 6:30 p.m., in the Council Chambers of City Hall: R-76-50 Rezone Petition R-76-50, The Irvine Company, The Irvine 610 Newporti Center Drive, Newport Beach, for Company permission to rezone property bounded by Red Hill Avenue, Baker Street, Paularino Avenue, and -the Orange County Airport, from Cl and MP to CL. A Negative Declaration of Environmental Impact has been filed. R-76-51 Rezone Petition R-76-51, Costa Mesa Planning Commission, for permission to rezone property located at 1887 and 1895 Monrovia Avenue, and - 913 and 917 West 19th Street, from Cl, Commer- cial, to CL, Limited Commercial, R2 -CP, and R3 -CP, consistent with the General Plan. The California Environmental Quality Act require- ments have been met by the Environmental - Impact Report for the Westside Community Plan accepted by Council on .lune 21, 1976. R-76-53 Rezone Petition R-76-53, Costa Mesa Planning Commission, for permission to rezone property located at 1845 Placentia Avenue, from Cl, Commercial, to CL, Limited Commercial, consistent with the General Plan. The Cali- fornia Environmental Quality Act requirements have been met by the Environmental Impact Report for the Westside Community Plan accepted by Council on June 21, 1976. R-76-54 Rezone Petition R-76-54, Costa Mesa Planning Commission, for permission to rezone property located at 791 and 792 Center Street, and 1825, 1856, 1862, and 1870 Placentia Avenue, from AP, Administrative and Professional, to CL, Limited Commercial, consistent with the General Plan. The California Environmental Quality Act -' requirements have been met by the Environmental Impact Report for the Westside Community Plan accepted by Council on June 21, 1976. R-76-55 Rezone Petition R-76-55, Costa Mesa Planning Commission, for permission to rezone property located at 1700, 1712, 1714, 1728, 1738, 1746, and 1697 Placentia Avenue, and 786 and 799 West 17th Street, from C2, Commercial, to CL, Limited Commercial, and MG, General Manufactur- ing, consistent with the General Plan. The California Environmental Quality Act require- ments have been met by the Environmental Impact Report for the Westside Community Plan accepted by Council on June 21, 1976. Proposed On motion by Vice Mayor Hammett, seconded by Abandonment Councilwoman Smallwood, Resolution 76-136, of Banning being.A RESOLUTION OF THE CITY COUNCIL OF THE Place CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF Resolution 76-136. BANNING PLACE, EAST OF CANYON DRIVE, setting the Hearing Set public hearing for December 6, 1976, was adopted by the following roll call vote: AYES: Council -Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Refunds On recommendation by the Planning Department, exongra- tion of a $2,000.00 Certificate of Deposit to Dan"•-' ' Cunha Cunha, 116 Industrial Way, on ZE-75-103A, as conditions 1 1 1 for building at 121 Industrial Way have been completed, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Shafer On recommendation by the Finance Director, a refund Plumbing of $36.00 to Roy Shafer Plumbing Company, Incorpor- ated, 404 - 32nd Street, Newport Beach, as duplicate business license was purchased in error, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Stop Signs The Traffic Commission recommended the installation Hanover and of stop signs on Fordham and Hanover Drives. This Fordham Drives recommendation was made after reviewing a resident petition for a four-way stop at this location. On motion by Vice Mayor Hammett, seconded by Council - Resolution 76-137. woman Smallwood, Resolution 76-137, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AUTHORIZING THE ERECTION OF STOP SIGNS ON HANOVER AND FORDHAM DRIVES AT THE INTERSECTION OF PRINCETON 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 Time Limit The Traffic Commission recommended the extension of Parking on time limit parking on Village Way from 280 feet to Village Way 340 feet east of Harbor Boulevard on the southerly curb. On motion by Vice Mayor Hammett, seconded by Resolution 76-138 Councilwoman Smallwood, Resolution 76-138, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING 24 -MINUTE PARKING ON PORTIONS OF VILLAGE WAY, was adopted by the follow- ing roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Refund - On recommendation by the Director of Public Services, Allstate a refund of $711.86 to Allstate Insurance Company, Insurance representing an overpayment, was approved by the following roll call vote: AYES:Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Final Map of Final Map for Tract 9381; Properties West, Incorpor- Tract 9381 ated, 3345 Newport Boulevard, Newport Beach; 34 lots and Lots -A and B, 1.66 acres located at 2159 Canyon Properties Drive; and a subdivision agreement in connection West therewith, was approved; the Council did also approve subject map pursuant to the provisions of Section 66436(b) (1) of the Subdivision Map Act; and the - Mayor and Clerk were authorized to sign said docu- ments on behalf of the City, by the -following roll call vote: 0 AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - A right-of-way agreement between the City and James Michael and Ethel Michael, for acquisition of 789.28 square feet of land on the south side of Victoria Street Victoria Street between Valley Road and Canyon Drive, was presented. Widening The agreement..stipulates the payment of $1,700.00 for the property and for escrow to close on or about December 9, 1976. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, 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 Agreement - A right-of-way agreement between 'the City and Monroe Gehnert and Celia Gehnert for the acquisition of 6,126.10 square feet of land at the southeast corner of Valley Victoria Street Road and Victoria Street, was presented. The agree - Widening ment stipulates payment of $13,050.00 for.the property and for escrow to close on or about December 9, 1976. On motion by Vice Mayor Hammett,'seconded by Council- woman Smallwood, 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 327 Bids received for Bid Item'327, One Dump Truck, are One Dump Truck on file in -the Clerk's office. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, Bids Rejected and carried, all bids were rejected, and authoriza- tion given to rebid this item. Bid Item 331 Bids received for Bid Item 331, Propane Fuel for City Propane Fuel Vehicles, are on file in the Clerk's office. On ' motion by Vice Mayor Hammett, seconded by Council - Awarded woman Smallwood, the bid was awarded to Glenco Gas Glendo Gas Service, 216 East Dyer Road, Santa Ana, in the Service amount of $0.2945 per gallon, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Sale of Bids received for the sale of surplus property Surplus located at the San Diego Freeway and Harbor Boule- Property vard are on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded by Councilwoman Bids Rejected Smallwood, all bids were rejected, and the City Manager authorized to negotiate the sale of the property, by.the following roll call vote: AYES: Council Members:- Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 .:._. •.. fob', Agreement - A five-year lease agreement between the City and Coast Coast Community College District, was presented. Community This agreement provides for the leasing of certain College properties owned by the District, located at Pine - District creek Road and Adams Avenue, for recreational purposes. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, 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 Agreement - An agreement between the City and Pinecreek Invest- Pinecreek ment Company, for the improvement and maintenance of Investment City leased property at Adams Avenue and Pinecreek Company Road, was presented. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, 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 Notice of The Installation of Irrigation in Golf Course Drive Completion Medians, Project No. 76 -7 -1 -L -S, has been completed Irrigation in by Allied Sprinkler Company, Incorporated, 2831 Golf Course. Gretta Lane, Suite 2, Anaheim, to the satisfaction Drive Medians of the Director of Leisure Services. On motion by Vice Mayor Hammett, seconded by Councilwoman Small- wood, the work was accepted, the Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Vice Mayor Hammett, seconded by Council - Adjustment woman Smallwood, Budget Adjustment No. 77-23, to No. 77-23 establish adequate appropriation for eight months' rental for one backhoe; and six months' rental for one street sweeper, in the total amount of $15,080.00, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None New Airport Item No. 1 in the Reading Folder, in the Consent Study Calendar, a resolution from the City of Anaheim opposing any new study by Inter -County Airport Author- ity with respect to a new airport in Orange County, was presented. After discussion, on motion by Councilwoman Smallwood, seconded by Councilman McFar- Resolution 76-139 land, Resolution 76-139, being A RESOLUTION OF THE Opposing Study CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING ANY NEW STUDY BY INTER -COUNTY AIRPORT AUTHORITY WITH RESPECT TOA NEW AIRPORT IN ORANGE COUNTY, was adopted by the following roll call vote: DID Public Hearing The Clerk announced that this - was the time and place GP -76-3B set for the public hearing for General Plan Amendment Jerwel GP -76-3B, Jerwel Enterprises, 111 East Third Street, Enterprises - San Dimas,'for permission to amend the land use designation of property located at 2700 Bristol Street, and the northeast corner of Bristol Street and the Newport Freeway, from Light Industry to General Com- mercial. A Negative Declaration of Environmental Impact has bees filed. The affidavit of publication 1 AYES: Council Members: Raciti, Hertzog, . . McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Prohibition Item llc on the Consent -Calendar, a proposed resolu- of Parking tion prohibiting parking for street sweeping on on Azalea Azalea Drive, was presented. During the discussion Drive which followed, the Mayor asked if the residents on Azalea Drive were in favor, of the prohibition. The Director. of Public Services indicated that a petition signed by a majority of the residents had been received requesting the prohibition for street sweep- ing. Vice Mayor Hammett suggested, and made a part of his subsequent motion, approval of the prohibition for a one-year period with a report at the end of that time on the success of the program. On motion by Vice Mayor Hammett, seconded by Councilwoman..: Smallwood, subject to the preceding recommendation; Resolution 76-140 Resolution 76-140, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON MONDAYS BETWEEN 7:00 A.M. AND 9:00 A.M., ON A PORTION OF AZALEA DRIVE FOR THE PUR- POSE OF STREET SWEEPING, BEING IN EFFECT FOR ONE YEAR FROM DATE OF ADOPTION, was adopted by the following roll call vote: AYES: Council Members: Hammett, Smallwood, McFarland NOES: Council Members: Raciti ABSENT: Council Members: None ABSTAINING: Council Members: Hertzog Warrant On motion by Vice Mayor Hammett, seconded by Council - Resolution 962 woman Smallwood, Warrant Resolution 962, including Payroll 7622, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Wheelchair Bus The proposed wheelchair bus ordinance was removed Ordinance - from the Agenda as requested by the City Manager. Removed from Agenda Agreement - The City Manager presented an agreement with William Cagney J. Cagney for the acquisition of 33,760 square feet of land for Bear Street Park Site. The agreement Bear Street stipulates the payment of $67,520.00 for the property, Park.Site and for escrow to close on or about January 6, 1977. On motion by Councilman McFarland, 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 Public Hearing The Clerk announced that this - was the time and place GP -76-3B set for the public hearing for General Plan Amendment Jerwel GP -76-3B, Jerwel Enterprises, 111 East Third Street, Enterprises - San Dimas,'for permission to amend the land use designation of property located at 2700 Bristol Street, and the northeast corner of Bristol Street and the Newport Freeway, from Light Industry to General Com- mercial. A Negative Declaration of Environmental Impact has bees filed. The affidavit of publication 1 1 1 1 is on file -in the Clerk's, office. Letters in support of the request have been received from Betty Vrebalo- vich, 2737 San Lucas Lane, Costa Mesa, and Louis H. Reinking, 2125 Victoria Drive, Santa Ana. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, the Negative Declaration of Environ- mental Impact was accepted as meeting the requirements Resolution 76-141 of the law, and Resolution 76-141, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -76-3B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Final EIR for set for the public hearing to consider the Final GP -76-3D Environmental Impact Report for General Plan Amend- ment GP -76-3D. 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 Vice Mayor Hammett, seconded by Councilwoman Smallwood, the Environmental Impact Report was accepted as meeting the requirements of the law, 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 GP -76-3D set for the public hearing to consider General Plan Segerstrom Amendment GP -76-3D, C. J.. Segerstrom and Sons, 3316 Fairview Road, Costa Mesa, 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 approximately 1,200 feet east of Fairview Road and south of Sun- flower Avenue, and east of Smalley Road, from Public and Semi-public to Low Density Residential. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning staff recommends approval of Land Use Option No. 1 as shown in the Fairview Road -South Coast Drive General Plan Report dated October, 1976. The Planning Commission concurred with the staff's recommendation. Paul Diehl, 1093 Santa Cruz Circle, Costa Mesa, representing the North Costa Mesa Homeowners Associa- tion, spoke in support of the plan as proposed. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Resolution 76-142 Councilwoman Smallwood, Resolution 76-142, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -76-3D, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: -Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None N Recess The -Mayor declared a recess at'8:00 p.m. and the meet-ing reconvened at 8:05 p.m. Public Hearing The Clerk announced that this was the time and place GP -76-3E set for the public hearing to consider General Plan Morrow Amendment: GP -76-3E, Howard C. Morrow, 23038 Crenshaw Boulevard, Torrance, for permission to amend the Denied land use designation of the parcels located at 284 and 292 Victoria Street, from General Commercial to High Density Residential. The California Environ- mental Quality Act requirements have been met by the Environmental Impact Report for GP -76-1C accepted by Council on April 19, 1976. The affidavit of publi- cation is on file.in the Clerk's office. A communication in opposition to the request has been received from Tom Richards, Administrator, Costa Mesa Memorial Hospital, 301 Victoria Street, Costa Mesa.` The Planning Commission recommended denial. Tom Schworer, 2019 South Capella Court, Costa Mesa, owner of the property at 284 Victoria Street, and representing Mr. Morrow, the owner of property at 292 Victoria Street, addressed the Council in support of the request. The following citizens spoke in opposition to the request: S. R. Nord, D.D.S., 300 Victoria Street, Costa Mesa; Ed Willcutt, 280 Victoria Street; Attorney Ken Wayman, 276 Victoria Street; and Maurice Graham, Costa Mesa Medical Center, 275 Victoria Street. There being no other speakers, the Mayor closed the public hearing. After lengthy discussion, on -motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, Councilman McFarland voting no, the General Plan Amendment was denied. Public Hearing The Clerk announced that this was the time and place GP -76-3F, set for the public hearing to consider 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, from the Master Plan of Highways, from Wilson Street to Placentia Avenue. A Negative Declar- ation of Environmental Impact.has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval of the request. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Small- wood, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as Resolution 76-143 meeting the requirements of the law, and Resolution 76-143, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -76-3F TO THE COSTA MESA GENERAL PLAN, BEING AN AMENDMENT TO THE CIRCULATION ELEMENT IN ACCORDANCE WITH SECTION 65357 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA; ADOPTING AN AMENDMENT TO THE MASTER PLAN OF HIGHWAYS FOR THE CITY OF COSTA MESA; AND REQUESTING THE COUNTY OF ORANGE TO ADOPT SAID AMENDMENT INTO THE COUNTY ARTERIAL HIGHWAY MASTER PLAN, 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 GP -76-3G set for the public hearing to consider General Plan Amendment GP -76-3G, Costa Mesa Planning Commission, for permission to amend the Circulation Element of 1 1 1 1 Resolution 76-144 Public Hearing R-76-40 Schlesinger Ordinance 76-62 First Reading 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 right-of-way). A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning.Commission recommended approval of the request. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by.Councilwoman Hertzog, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Resolution 76-144, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -76-3G TO THE COSTA MESA GENERAL PLAN, BEING AN AMENDMENT TO THE CIRCULATION ELEMENT IN ACCORDANCE WITH SECTION'65357 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA; ADOPTING AN AMENDMENT TO THE MASTER PLAN OF HIGHWAYS FOR THE CITY OF COSTA MESA; AND REQUESTING THE COUNTY OF ORANGE TO ADOPT SAID AMENDMENT INTO THE COUNTY ARTERIAL HIGHWAY MASTER PLAN, 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 Rezone Petition R-76-40, Richard 0. Schlesinger, 254 Victoria Street, Costa Mesa, for permission to rezone property at 260 and 266 Victoria Street, from AP -CP to C2, in conformance with the General Plan. A Negative Declar- ation of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended denial of the request. The Planning staff recommended denial of C2 zoning; and approval of CL zoning. The applicant was present and spoke in support of the request, expressing his desire to expand the facilities of the Ramparts Athletic Club. Ken Wayman, 276 Victoria Street, felt that the subject property should stay within the Administrative Professional zoning with the thought that if approved to C2, a future owner could develop the property into a use not compatible with the surrounding AP developments. There being no other speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, to consider the request for CL zoning, instead of C2. During the dis- cussion, it was brought out that the CL zone may be more appropriate because it would permit review of any proposed development and proposed uses of the property. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, the Negative Declaration of Environ- mental Impact was accepted as meeting the requirements of the law, and Ordinance 76-625 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 685 OF TRACT 57 FROM AP -CP TO CL, 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 3 Public Hearing The.Clerk announced that this was the time and place R-76-41 set for the public hearing to consider Rezone Petition Becker -and R-76-41, Becker and Minkoff, Frank Becker, Theodore Minkoff, Tanner, and Richard Massen, 3412 Quiet Cove, Corona Becker, Tanner, del Mar, for permission to rezone property.located at and Massen 125, 127, 129, 141, and 145 Cabrillo Street, from AP to C2, consistent with the Central Area Plan. A Held Over Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended denial. Frank Becker, 129 Cabrillo,Street, and Ted Tanner, were present to answer questions from the Council. During the discussion which followed, it was the general concensus that the C2.zone would not be suit- able for the subject property. A motion.by Council- woman Smallwood to deny the request died for lack of a second. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the public hearing was held open to the meeting of December 6, 1976, and direction given to call a meeting between the Redevelopment Agency Director, City Manager, and Planning Director, to discuss recommendations for the subject property. Public Hearing The Clerk announced that this was the time and place R-76-42 set for the public hearing to consider Rezone Petition Sewell R-76-42, Richard Sewell, Incorporated, 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. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval of the request. If approval is given to this request, the staff has recommended that second reading of the ordinance be withheld until the Conditional Permit (CP) develop- ment package is brought before the Council. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, the Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 76-63 requirements of the law, and Ordinance 76-63, 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", BANNING 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, 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-76-43 set for the public hearing to consider Rezone Petition Gregory R=76-43, J. H. Gregory Construction, 1919 Newport Boulevard, Costa Mesa, for permission to prezone property located at 2282 Canyon Drive, from County R4 to City R2 -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 C'lerk's office. The Clerk also presented, to ZE-76-175 be considered concurrently with the Rezone, Zone Exception ZE-76-175, J. H. Gregory, for a Conditional Use Permit to construct 28 single-family houses with variances for reduction in required lot sizes and lot widths and rear yard encroachment on four lots, located at the northeast corner of West Wilson Street and 1 1 1 „. 1 Tentative Map Canyon Drive; and Tentative Map of Tract 9592, J. H. of Tract 9592 Gregory, for permission to.create a 28 -lot subdivision, at the same location. Negative Declarations of Environmental Impact have been filed for both the Zone,Exception and Tentative Tract Map. Communi- cations in support of the request have been received from the following Costa Mesa residents: Sylvia and Michael Richards, 2253 Republic Avenue; Ricky Culp, 961 Wilson Street; William Moritz, 2279 Republic Avenue; Stella and Charles Adkins, 2259 Republic Avenue; and Joan McElmeel, 945 Wilson Street. The .Planning Commission recommended approval of all three -items. The applicant was present and agreed to the conditions. Discussion followed with respect to Condition No. 29 which requires, in part, any fencing constructed within the area of the Continuous Offer of Dedication on Wilson Street to be relocated by the respective property owners at the time the City accepts the actual dedication. Considering the probability that'Wilson Street will not be widened for some years, it was felt that this requirement would be difficult to enforce. There being no further speakers on these items, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, the Negative Declaration of Environmental Impact for R-76-43 was accepted as meeting the Ordinance.76-64 requirements.of the law, and Ordinance 76-64, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PREZONING CERTAIN UNINCOR- PORATED TERRITORY ADJOINING THE CITY BOUNDARY FROM COUNTY R4 TO CITY R2 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, the Negative Declaration of Environmental Impact for ZE-76-175 was accepted as meeting the requirements of'the law, and the application approved subject to conditions as recommended by the Planning Commission. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Negative Declaration of Environmental Impact for Tentative Tract Map 9592 was accepted as meeting the require- ments of the law, and the Tract Map approved subject to conditions as recommended by the Planning Commis- sion with a revision to the City.Engineer's Condition No. 29 to read as follows: No permanent structures (except fencing) may be constructed within the area of the Continuous Offer of Dedication as long as Wilson. -Street is shown as an arterial highway on the City's Master Plan of Arterial Highways. Any fencing constructed within the area of the Continu- ous Offer of Dedication on Wilson Street shall be relocated by the City at City expense at the time Wilson Street is widened. This condition shall be documented in a manner acceptable to the City Attorney so that all future property owners are aware of the requirements of this condition. Recess The Mayor declared a recess at 10:20 p.m. and the meeting reconvened at 10:25 p.m. Public Hearing The Deputy City Clerk announced that this was the R-76-45 time and place set for the public hearing to consider Rezone Petition R-76-45, Costa Mesa Planning Commis- sion, 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 accepted by Council on June 21, 1976. The affidavit of publication is on file in the Clerk's office. Communications in opposition to the request have been received from the following Costa Mesa resi- dents: Garry E. Howell, 769 Center Street; Louis N. Murphy, 777. Center Street; Mrs. David R. Sullivan, 768 Center Street; and Niles L. and Delores Matschen- bacher, 785 Center. Street. The Planning Commission. recommended approval of R3 -CP zoning for Parcel 1, and R2 -CP zoning for Parcel 2. There being no speakers on this item,,the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded Ordinance 76-65 by Councilman McFarland, Ordinance 76-65, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A'PORTION OF LOT 701, NEWPORT MESA TRACT, FROM Cl TO R2 -CP AND R3 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, McFarland, NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: :Hertzog, Smallwood R-76-46 The C1erk.announced.that this was the time and place set for the public hearing for Rezone Petition R-76-46, Costa Mesa Planning Commission, for permis- sion to rezone property located at 666 West 19th Street, from Cl to R4 -CP. The California Environ- mental Quality Act requirements have been met by the Environmental Impact Report for the Westside Community Plan accepted by Council on June 21, 1976. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval. There being no speakers on this item, the Mayor closed the public hearing. On motion by Vice Ordinance 76-66 Mayor Hammett, seconded by Councilwoman Smallwood, First Reading Ordinance 76-66, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA.MESA, CALIFORNIA, CHANGING THE ZONING OF PARCEL TWO OF PARCEL MAP S-6-67, FROM Cl TO R4-CP,-was.given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT:_. Council Members: None Public Hearing The Clerk announced that this was the time. and place R-76-47 set for the public hearing for Rezone Petition R-76-47, Costa Mesa Planning Commission, for permis- sion to rezone property located at 630 and 650 Plumer Street, and 1885 Anaheim Avenue, from Cl to R2-CP.and I and R zoning. The California Environ- mental Quality Act requirements have been met by the Environmental Impact Report for the Westside Commun- ity Plan accepted by Council.on June 21, 1976. The Planning Commission recommended approval. The affidavit of publication is on file in the Clerk's office. A letter.in opposition to the request has. been received from Jean D. Young, 639 Plumer Street, Costa Mesa. There being no speakers on this item, the Mayor closed,the-public hearing. On motion by - Councilwoman Smallwood, seconded by Councilman LI 1 1 Ordinance 76-67 McFarland, Ordinance 76-67, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY -OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 401, NEWPORT MESA TRACT, FROM Cl TO R2 -CP AND I AND R, 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 Public Hearing The Clerk announced that this was the time and place R-76-48, set for the public hearing to consider Rezone Peti- tion 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 accepted by Council on June 21, 1976. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission.recommended approval of the request. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilman McFarland, Ordinance 76-68 seconded by Councilwoman Hertzog, Ordinance 76-68, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF.THE CITY OF COSTA MESA,.CALIFORNIA, CHANGING THE'ZONING OF A PORTION OF LOT 75, FAIRVIEW FARMS, FROM M1 TO Rl, 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 Public Hearing The Clerk announced that this was the time and place R-76-49 set for the public hearing for Rezone Petition R-76-49, Costa Mesa Planning Commission, for permis- sion to rezone property located at 2109 Valley Road, from R3 -CP to Rl. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for the Westside Commun- ity Plan accepted by Council on June 21, 1976. The affidavit of publication is on file in the Clerk's office. ,No communications have been received. The Planning Commission.recommended approval of the request. There being.no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Councilwoman Ordinance 76-69 Smallwood, Ordinance 76-6.9, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF LOT 37 OF TRACT 653, FROM R3 -CP to Rl, 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 State. The Clerk presented a letter from, the Planning Guidelines Commission recommending that the City Council take for Housing a position in opposition to the proposed revisions Element to the State Guidelines for the Housing Element of _the General Plan. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, the Council went on record in,opposition to:the proposed.revisions.to the; State Guidelines for the Housing Element of the General Plan. ZE-76-176 The Director of Planning presented an application Ratkelis for Zone Excepti.on.ZE-76-176, A1gis Ratkelis, 26262 Via Juanita, Mission Viejo, for a Conditional Use Permit to construct 12 apartment units (2,083 square feet per unit), to meet CP standards, in an R3 -CP zone located at 1873, 1877 Monrovia Avenue. The California Environmental Quality Act require- ments have been met by the Negative Declaration of Environmental Impact filed for Rezone Petition R-76-23.- No communications have been received. The Planning Commission recommended approval subject to conditions. The applicant was present and agreed -to the conditions. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the application was approved subject to conditions as recommended by the Planning.Commission. ZE-76-182 The Director of Planning presented an application Rogers for Zone Exception ZE-76-182, David Rogers, 336 Flower Street, Costa Mesa, for a variance from code to encroach into,:the.required side yard setback with an 800 square foot. addition to an existing house, in an R1 zone located -at that address. An Exempt Declaration of Environmental Impact has been filed. A letter in support of the request has been received from Florence Chamberlain, 358 Flower. Street. The Planning Commission recommended approval subject to conditions. The applicant was present and agreed to the conditions. On motion by Vice Mayor Hammett, seconded by Councilwoman Small- wood, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of. the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-183 The Director of Planning presented an application McRae for Zone Exception ZE-76-183, Gladys McRae, Post Office Box 15546, Santa Ana, fora Conditional Use Permit to legalize three greenhouses and an over- head -shade structure for the propagation of indoor plants by a plant maintenance service, in an MG zone located at 1740 Monrovia Avenue.. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A letter in opposition to the request has been received from Mrs. P. D. Bingham, 21914 Winnebago Lane, E1 Toro. Ken McRae was present, representing the applicant,'and expressed objections to Condition Nos. 1, 7, and 8. After. discussion, on motion by Vice Mayor Hammett, seconded by Councilman McParland, and carried, the Negative Declaration of Environmental Impact was accepted, as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission, with the exception of Condition Nos. 1 and 7 which were deleted. ZE-76-184 The Director of Planning presented an application Nourse for Zone Exception ZE-76-184, Peter Nourse, 901 Dover Drive, Suite 110, Newport Beach, for a variance to construct four apartment units with an eight percent density deviation (2,757 square feet per unit), and to encroach into the required rear U 611 yard setback, in an R2 zon.e located at.1988 Anaheim Avenue. An Exempt Declaration of Environmental Impact has been filed. No communications have been received. The Planning,Commission recommended approval subject to conditions. The applicant was present and agreed to the conditions. On motion .by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Councilwoman Hertzog abstaining, 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-76-185 The Director of Planning presented an application Ali Baba Motel for Zone Exception ZE-76-185, Ali Baba Motel, 2250 Newport Boulevard, Costa Mesa, for a variance Denied to exceed sign area and height to install a 123 r square foot, 26 feet to top,'internally illumi- -nated double -face sign and to include a three -line ---.,changeable copy area, in a C2 zone located at that address. An Exempt Declaration of Environmental Impact'has been filed.. The Planning Commission recommended denial. No communications have been received.- Bob Van Gerpen of the QRS Corporation, 1120 --Towne Avenue, Los_ Angeles, was present along with:the owner of the property, Lee Webb, 130 Centennial Way, Suite D, Tustin, to support the request and answer questions from the Council. Mr:Van Gerpen informed the.Council that the Ali Baba Motel had been approved to join the Best Western chain of motels and, as a result, would be required to carry the Best Western logo as a part of their signage. He further indicated a reluctance to place any signage on the building itself with the opinion that it would conflict with the unique architecture of the structure. A lengthy discussion ensued, during which Vice Mayor Hammett recommended that certain areas of the Sign Ordinance should be re-evaluated, specifically in regard to (1) box signs, (2) planned signing development programs, and (3) to consider greater_ flexibility in negotiating sign requests of an extraordinary nature. On motion by Vice Mayor Hammett, seconded by Councilman McFar- land, and carried, Mayor Raciti voting no,.the application was denied, and direction given to hold a Study'Session to discuss the aforementioned recom- mendations with respect to the Sign Ordinance. The Study Session will take place November 29, 1976, from 2:00 p.m. to 5:00 p.m. in the fifth floor Conference Room of City Hall. ZE-76-186 The Director of Planning presented an application Williams for Zone Exception ZE-76-186, Barry Williams, 1401 Dove Street, No. 450, Newport Beach, for a variance Denied to allow three apartment units with a ten percent density deviation (2,704 square feet per unit), in an R2 zone located at 318 East 16th Street. An Exempt Declaration of Environmental Impact has .been filed. The Planning Commission recommended approval subject to condition's. A letter contain- ing 25 signatures, in opposition to the request, has been received. Emma Evans, 327 - 16th Street; and Sandra Miller, 326 East 16th Street, spoke in opposi- tion to the request, expressing concern for the increased density, traffic, parking, noise, etc. The applicant was present and spoke of his financial investment in this project. After discussion, on motion by Councilwoman Smallwood, seconded by Council- woman Hertzog, and carried, Councilman McFarland voting no, the application was denied. Oral Mrs. Bennett, a resident of Bray Street, expressed Communications her opposition to density projects being developed in single-family residential areas. Councilmanic During the Council discussion, the subject of Comments density development was scheduled to be discussed further at the Study Session on November 29, 1976. - - I - I - -- - 9 . I - -- - - ` . -- - - 1 . - - - -- -- I - t ber 22, f erence will a Mesa 1 1 1