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HomeMy WebLinkAbout12/06/1976 - City CouncilM., Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 6, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., December 6, 1976, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Girl Scout Troop 1415, and Invocation by Mr. Phillip Hanf, Church of Jesus Christ of Latter Day Saints. Council Members Present: Raciti, Hammett, Hertzog, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/City Engineer City Clerk Minutes On motion by Vice Mayor Hammett, seconded by November 15, and Councilwoman Hertzog, and carried, the Minutes of November 22, 1976 the regular meeting of November 15, 1976, and the adjourned meeting of November 22, 1976, were approved as distributed and posted as there were no corrections. Beautification The Mayor announced that this was the time to Committee consider appointments to serve on the Costa Mesa Appointments Beautification Committee., Councilwoman Smallwood recommended that a subcommittee of the Council be Tabled formed to interview prospective candidates for appointment to the various committees, and sug- gested that vacancies be announced to the community to encourage more applicants. On motion by Council- woman Smallwood, seconded by Councilwoman Hertzog, and carried, this item was tabled -until the preced- ing recommendation can be accomplished. Ordinances On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, all ordinances will be read by title only. ZE-76-139.- The Clerk presented from the meeting of November 1, Lively' 1976, an application for Zone Exception ZE-76-139 --Joan B. Lively, Post Office Box 187, Corona del Mar, Held Over for a variance from minimum parcel size to allow - ;division of property into two parcels, in an R3 =zon.e,.located at 3000. and 3002 Fillmore _Way. An =Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the application was approved subject to conditions. After the motion was passed, Odell Larson, 3108 Monroe Way, Costa Mesa, requested to address the Council on this item. Vice Mayor Hammett therefore made a motion, seconded by Councilman McFarland, and carried, to reconsider the previous motion. Mr. Larson informed the Council that as prospective buyer of a portion of this property, he was not aware that a variance 1 1 1 °41 procedure would be required. He was under the impression that only a.certificate of compliance was needed. On motion by 'Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, this item was held over to the meeting of December 20, 1976, in order that the parties involved may discuss the matter further. ZE-76-166 The Clerk presented from the meeting of November 15, The Real Estaters 1976, an application for Zone Exception ZE-76-166, The Real Estaters, 1700 Newport Boulevard, Costa Held Over Mesa, for a variance from the 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 Cl zone located at that address. An Exempt Declara- tion of Environmental Impact has been filed. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, this item was held over to the meeting of December 20, 1976, as requested by the applicant. ZE-76-173 and The Clerk presented from the meeting of November 1, RA -29 1976, an application for Zone Exception ZE-76-173 Rogan and Redevelopment Action RA -29, John P. Rogan, 127-A Lisa Lane, Costa Mesa, for a Conditional Use Permit Held Over for an addition 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 Environmental Impact has been filed. On motion by Councilman McFarland, seconded by Vice Mayor Hammett, and carried, this item was held over to the meeting of December 20, 1976. R-76-40 On motion by Vice Mayor Hammett, seconded by Council - Schlesinger woman Hertzog, Ordinance 76-62, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 76-62 CHANGING THE ZONING OF LOT 68 OF TRACT 57, FROM AP -CP Adopted TO CL, 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-76-43 On motion by Councilwoman Smallwood, seconded by Gregory Councilwoman Hertzog, Ordinance 76-64, being AN ORDINANCE.OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 76-64_ MESA, CALIFORNIA, PREZONING CERTAIN UNINCORPORATED Adopted TERRITORY ADJOINING THE CITY BOUNDARY FROM COUNTY R4 TO CITY R2 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None R-76-45 On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, Ordinance 76-65, being AN ORDINANCE Ordinance 76-65 OF THE CITY COUNCIL OF THE CITY OF.COSTA MESA, CALI- Adopted FORNIA, CHANGING THE ZONING OF A PORTION OF.LOT 701, NEWPORT MESA TRACT, FROM Cl TO R2 -CP AND 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 M R-76-46 On motion by Councilwoman'Smallwood, seconded by Councilman McFarland, Ordinance 76-66, being AN Ordinance 76-66 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE.ZONING OF PARCEL TWO OF PARCEL MAP S-6-67 FROM Cl TO 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-76-47 The Clerk presented for second reading and adoption Ordinance 76-67, being AN ORDINANCE OF THE Ordinance 76-67 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Held Over CHANGING THE ZONING OF A PORTION OF LOT 401, NEWPORT MESA TRACT,.FROM C1 TO R2 -CP AND I AND R, in connec- tion with Rezone Petition R-76-47, for property located at 630 to 650 (even numbers) Plumer Street, and 1885 Anaheim Avenue. Councilman McFarland ques- tioned the appropriateness of this rezone and made a motion, seconded by Vice Mayor Hammett, and carried, to hold this item to the meeting of Decem- ber 20, 1976, for further study. R-76-48 On motion by Vice Mayor Hammett, -seconded by Council- woman Smallwood, Ordinance 76-68, being AN ORDINANCE Ordinance 76-68 OF THE CITY COUNCIL OF THE CITY OF.COSTA MESA, CALI- Adopted FORNIA, CHANGING THE ZONING OF A PORTION OF LOT 75, FAIRVIEW FARMS, FROM Ml TO R1, 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-76-49 On motion by Councilwoman Hertzog, seconded by Councilman McFarland, Ordinance 76-69, being AN Ordinance 76-69 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 37 OF TRACT 653, FROM R3 -CP TO R1, 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 Paramedic The City Manager presented a draft position paper Program on the Paramedics Program, dated November 30, 1976, containing eight policy statements which were drawn up by the ad hoc Paramedic Committee of the League of California Cities, Orange County Division. These statements will be presented to the League on December 9, 1976, for adoption, and areas follows: (1) The Division.continues to support the Paramedics Master Plan as amended by the Emergency Medical Care Committee and the Board of Supervisors, and encour- ages the adoption and implementation of said Master Plan by each city in the County of Orange; (2) The Division does not support a.Countywide service area tax with an accompanying administrative board; (3) The Division requests that the County continue to carry all training and communications costs for the paramedics service; (4) The Division suggests that monetary consideration for service between agencies be formulated on population. -Paramedic services and'fire services can be interchanged 1 'J 43 between/among agencies; (5) The Division recommends that, if the user fee issue causes a deterrent to an inter -agency agreement, the imposition of a service fee specifically for paramedics service be dropped. If transportation is provided, a charge may be imposed for transportation service only, not to exceed a dollar figure determined by a financial investigation of such costs; (6) An initial deploy- ment capability at the EMT -I level within each fire department is to be achieved and maintained; (7) If the private sector is utilized for emergency trans- portation after a patient is stabilized, then a need and necessity permit must be issued to each ambulance company for coverage of a pre -selected area. A performance standard providing a given availability and deployment measurement with a specified period of time should be required; (8) The Division strongly supports the continuance of current or better para- medics training and performance level requirements. Control of this standard must be maintained by the County. On motion by Vice Mayor Hanunett, seconded by Councilwoman Hertzog, and carried unanimously, the eight policy statements were approved and the City's delegate to the League instructed to vote for these statements in the affirmative. SCAG The Mayor recommended the appointment of Council - Appointments woman Smallwood to serve as the City's delegate to the Southern California Association of Governments, with Councilman McFarland to serve as alternate. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, Councilwoman Smallwood was appointed to serve as the delegate to SCAG. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hammett, and carried, Councilman McFarland was appointed to serve as the alternate delegate to SCAG. Vector Control On motion by Vice Mayor Hammett, seconded by Council - District man McFarland, and carried, Hank Hornsveld was re - Representative appointed to serve as this City's representative to the Orange County Vector Control District for a two- year term,. expiring December 31, 1978. Request for The Clerk presented a request from Thomas L. Schworer Rehearing on behalf of Howard C. Morrow, 2019 South Capella GP -76-3E Court, Costa Mesa, for a rehearing of General Plan Schworer/Morrow Amendment GP -76-3E which was denied by Council on November 15, 1976._ The Assistant City Attorney and Hearing Set the Planning Director find that the evidence sub- mitted does not justify a rehearing. Mr. Schworer was present to answer questions from the Council. After discussion, on motion by Councilwoman Hertzog, seconded by Vice Mayor Hammett, and carried, the request was approved, and the hearing date set for' January 17, 1977. Prior to the hearing, this item will be discussed in the Council's Study Session on January 10,,1977, at 2:00 p.m. Results of The Clerk reported on the results of the Referendum Referendum Election held on November 2, 1976. The measure voted Election on was as follows: Shall Ordinance No. 76-11, chang- ing the zoning of Lot 1, Tract 2727 (the northeast corner of Harbor Boulevard and Princeton Drive) from R1 to C1 -CP, be adopted? The measure failed to pass by the following vote: Yes votes, 10,231, and No votes, 17,437. Therefore the property will remain in the R1 zone. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, Resolution 76-146, Resolution 76-146 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL"ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD IN SAID CITY OF COSTA MESA ON THE SECOND DAY OF NOVEMBER., 1976, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PRO- VIDED BY LAW, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 19, 1977-1978 Fiscal Year Arterial Highway Financing Program Project submittals. 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 County On motion by Vice.Mayor Hammett, seconded by Council - Service woman Hertzog, Resolution 76-147, being A RESOLUTION Area OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, REQUESTING THE ORANGE COUNTY BOARD OF Resolution 76-147 SUPERVISORS TO ESTABLISH A COUNTY SERVICE AREA IN UNINCORPORATED AREAS OF THE COUNTY, was adopted 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: Claim The following claim was received by the City Clerk and no action is required: L. A. Cantrell. NIWA "Audited Financial Statements" for the Newport -Irvine Waste -Management Planning Agency (NIWA), dated June 30, 1976, accepted by the Board of Directors on November 4, 1976, and advising that the City of Costa Mesa, as a member of said Agency, is required to file such document as part of the official record. Public Utilities General Order No. 77-I from the California Commission Public Utilities Commission, regarding the matter of the filing with the Commission by public utilities, data on compensation, dues, donations, subscriptions, contributions, and legal fees. Resolution No. FA -572 of the Public Utilities Commission, amending General Order No. 77-H by complete revision of Sections 1 and 2, and reissuing said revised order as General Order No. 77-I, effective January 1, 1977. Resolution No. DE -124 of the Public Utilities Commission, amending the Commission's Rules of Practice and Procedure by adding Rule 13.2, Expedited Complaint Procedure. Business A Notice of Intention to Solicit for Charitable Permits. Purpose from Children's Hospital of Orange County, 2861 Chios Road, Costa Mesa, by sale of handmade Children's items at Adams School on December 4, 1976, from Hospital 10:00 a.m. to 2:00 p.m.,,was ratified with Section 9-23.4J of the Municipal Code waived. Marquis No. 1 A request from Rex Shuffler, Marquis No. 1, Incor- porated, 1670 Newport Boulevard, Costa Mesa, for an entertainment permit at that address, was approved subject to one condition as recommended by the Revenue Division. Set for Public The following items were set for public hearing on Hearing December 20, 1976, at 6:30 p.m., in the Council Chambers of City Hall: GP -76-3C General Plan Amendment GP -76-3C, Roger McKinnon McKinnon, 2737 East Coast Highway, Corona del Mar, for permission to amend the land use designation of property -located at 222 Avocado Street, and 2215 Fairview Road, from General Commercial to High Density Residential. A Negative Declaration of Environmental Impact has been filed. R-76-52 Rezone Petition R-76-52, Costa'Mesa Planning Commission, for permission to rezone property at the following'locations: 902 West 18th Street, from M1 to MG; 912, 916, 926, 932, and 936 West 18th Street, from Ml to R2 -CP.; and 940 West 18th Street, from M1 to 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 June 21, 1976. R-76-56 Rezone Petition R-76-56, Costa Mesa Planning Commission, for permission to rezone property located at 1695 Superior Avenue, from C2 to CL, in conformance 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. R-76-57 Rezone Petition R-76-57, Costa Mesa Planning Commission, for permission to rezone property located at 125 Commercial Way, and 1600 Superior Avenue, from C2 to MG, in conformance Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning: Licenses Victor Avila, doing business as El Ranchito No. 5, 2101 Placentia Avenue; Edwin G. Cosek, doing business at 719-21-23 West 19th Street; Buford Clark Lewis, doing business as Hard Times, 1976 Newport Boulevard; Khalil T. Ghosn, doing business as The Phoenician, 2701 Harbor. Boulevard, Unit E; Mr. Munchies, Incor- porated, doing.business at 428 East 17th Street; Lawrence D. Ray, doing business as "Super Sand- wich", 675 Paularino Avenue; Newport Harbor Imports Company, doing business at 1635 Superior Avenue, Unit 6; and Arthur and Winifred Halling, End - doing business as Mesa Village Liquor, 1011 Reading Folder E1 Camino Drive. Business A Notice of Intention to Solicit for Charitable Permits. Purpose from Children's Hospital of Orange County, 2861 Chios Road, Costa Mesa, by sale of handmade Children's items at Adams School on December 4, 1976, from Hospital 10:00 a.m. to 2:00 p.m.,,was ratified with Section 9-23.4J of the Municipal Code waived. Marquis No. 1 A request from Rex Shuffler, Marquis No. 1, Incor- porated, 1670 Newport Boulevard, Costa Mesa, for an entertainment permit at that address, was approved subject to one condition as recommended by the Revenue Division. Set for Public The following items were set for public hearing on Hearing December 20, 1976, at 6:30 p.m., in the Council Chambers of City Hall: GP -76-3C General Plan Amendment GP -76-3C, Roger McKinnon McKinnon, 2737 East Coast Highway, Corona del Mar, for permission to amend the land use designation of property -located at 222 Avocado Street, and 2215 Fairview Road, from General Commercial to High Density Residential. A Negative Declaration of Environmental Impact has been filed. R-76-52 Rezone Petition R-76-52, Costa'Mesa Planning Commission, for permission to rezone property at the following'locations: 902 West 18th Street, from M1 to MG; 912, 916, 926, 932, and 936 West 18th Street, from Ml to R2 -CP.; and 940 West 18th Street, from M1 to 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 June 21, 1976. R-76-56 Rezone Petition R-76-56, Costa Mesa Planning Commission, for permission to rezone property located at 1695 Superior Avenue, from C2 to CL, in conformance 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. R-76-57 Rezone Petition R-76-57, Costa Mesa Planning Commission, for permission to rezone property located at 125 Commercial Way, and 1600 Superior Avenue, from C2 to MG, in conformance A 6 with the General Plan. 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. R-76-58 Rezone Petition R-76-58, Costa Mesa Planning Commission, for permission to rezone the following properties: 1917 and 1919 Maple Avenue, from R2, C2, and.Cl to R4 -CP; 1912 Anaheim Avenue, from Cl to R4 -CP; 1914 Anaheim Avenue, from Cl to R2 -CP; 1920 Anaheim Avenue, from Cl and R2 to R2 -CP; 562 and 570 West- 19th est19th Street, from C2 to C1 -CP; 590 and 594 West.l9th Street, from Cl to Cl -CP, in conformance 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. R-76-59 Rezone Petition R-76-59, Costa Mesa Planning Commission, for permission to,rezone property located at 449 Hamilton Street, from Cl to R2 -CP. 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. Refunds On recommendation by the Planning Department, exoner- ation of a $200.00 bond for Federal Sign Company, 100 Federal Sign North Main Street, Los Angeles, on Encroachment Permit No. 46, as property ownership has changed and the new owner has submitted a cash deposit, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Kerr On recommendation by the Planning Department, a refund of $1,000.00 to Larry Kerr, 437 Heliotrope Avenue, Corona del Mar, on Building Permit 41370, as conditions have been completed for the project located at 187 Monte Vista Avenue, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Van -Go On recommendation by the Director of Finance, a refund of $10.00 to Eugene Seilhan, Van -Go, 1700 North Temple Street, No. 102, Anaheim, on Business License No. 7493, as location of business was disapproved, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood . NOES: Council Members: None ABSENT: Council Members: None Tract 9383 - The Director of Public Services recommended the Tract 9413 - exoneration of bonds posted by R and W Development Parcel Map S-76-06 for Tract 9383; Tract 9413; and Parcel Map S-76-06, located south of Paularino Avenue and west of the 1 1 R and W, Corona del Mar Freeway. The Buccola Company has Development taken over these projects and posted new bonds with the City to guarantee completion of the tract improvements. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the bonds posted by R and W Development, a partnership, were exonerated by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT:, Council Members: None Final Map of On motion by Vice Mayor Hammett, seconded by Council - Tract 9384 woman Hertzog, Final Map of Tract 9384, Balalis and Pigneri, a development corporation, 2400-D Coast Highway, Newport Beach; one lot, 0.88 acres, for condominium purposes located at 2424 and 2426 Santa Ana Avenue, was approved; the Council did also approve the subject map pursuant to the provisions 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 Final Map of On motion by Vice Mayor Hammett, seconded by Council - Tract 9083 woman Hertzog, Final Map of Tract 9083, Arthofer and Howard Development Company, Incorporated, 2400 West Pacific Coast Highway, Newport Beach; two lots, 5.17 acres, located on the southeast corner of Victoria Street and Canyon Drive; with subdivision agreement, was approved; the Council did accept on behalf of the public the Offer of Dedication for street pur- poses, subject to improvement, Victoria Street, and did also accept on behalf of the City, the easement for drainage purposes as dedicated,. and did also approved said map pursuant to the provisions of Section 66436 (b) (1) of the Subdivision Map Act; and the Mayor and, Clerk were authorized to sign said documents on behalf of the City, by the follow- ing roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - On motion by Vice Mayor Hammett, seconded by Strobel and Byer Councilwoman Hertzog, an agreement with Jack R. Strobel, M.A.I., and Mark H. Byer, M.A.I., for Appraisal right-of-way appraisal services on the Bear Street Services on Extension, at a cost not to exceed $8,500.00, was Bear Street approved, and the Mayor and Clerk authorized to Extension 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 with State Mutual Savings and Loan State Mutual Association for the acquisition of 4,175 square feet of land for the Victoria Street widening, Victoria -.Street Arterial Highway financing Program Project No. 870, Widening was presented. The agreement stipulates a payment AHFP No. 870 of $2,500.00 for the property and for escrow to ,a V terminate as soon as possible. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog,,- the ertzog;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 California On motion by Vice Mayor Hammett, seconded by Council - Transportation woman Hertzog, Resolution 76-148, being A RESOLUTION Plan Policy OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, SUPPORTING EXTENSION OF TIME FOR REVIEW AND Resolution 76-148 COMMENT ON THE DRAFT OF CALIFORNIA TRANSPORTATION PLAN POLICY, was adopted 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 renewal with Pauline Bearden, doing Bearden business as Bearden and Associates, for polygraph services, was presented. The agreement has an Polygraph effective date of January 1, 1977, and includes a Services six percent increase. 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 Chain Link Bids received for the installation of Chain Link Fencing at Fencing -at Lions Park Baseball Field are on file in Lions Park the Clerk's office. On motion by Vice Mayor Hammett., seconded by Councilwoman Hertzog, the contract was Awarded awarded to Master-Bilt Chain Link Fence Company, Master-Bilt 1420 East Edinger Street, Suite 202, Santa Ana, in the amount of $7,100.00, being the lowest bid meet- ing specifications, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Installation - Bids received for the Installation of Landscaping of Landscaping and Irrigation on Fairview Road between the San and Irrigation Diego Freeway and Dorset Lane and Princeton Drive on Fairview Road to Newport Boulevard, are on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded Awarded by Councilwoman Hertzog, the -contract was awarded Allied Sprinkler to Allied Sprinkler Company, Incorporated, 2831 Gretta Lane, Suite.2, Anaheim, in the amount of $30,767.78, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 320-A Bids received for Bid Item 320-A, Maintenance Maintenance of Service to the Air Conditioning System, are on file Air Conditioning in the Clerk's office. On motion by Vice Mayor' System Hammett, seconded by Councilwoman Hertzog, the bid 1 1 1 Bid Item 332 Bids received for Bid Item 332, Truck with Aerial Truck with Lift, are on file in the Clerk's office. On motion Aerial Lift by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the bid was awarded to Asplundh Equipment Awarded Sales and.Service, 2501 North Tyler Avenue, El Monte, Asplundh in the amount of $25,850.00, being the lowest bid Equipment 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 333 Bids received for Bid Item 333, Furnishing and Fertilizer Spreading 57 Tons_ of Fertilizer, are on file in the Clerk's office. On motion by Vice Mayor Hammett, Awarded seconded by Councilwoman Hertzog, the bid was Robinson awarded to Robinson Fertilizer Company, 119 North Fertilizer 0live Street, Orange, as follows: Section 1, $5,600.00; Section 2, $4,150.00; and Section 3,. $875.00, 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 Bid Item 334 Bids received for Bid Item 334, Diesel Engine, Clutch, was awarded to Honeywell, Incorporated, 6620 and Transmission, for the Fire Department, are on file Awarded Telegraph Road, Los Angeles, in the amount of Transmission Honeywell $2,424.00 per month, in accordance with Clause 2.6.1., awarded to Lawless Detroit Diesel, 13644 East Nelson Awarded Option 1, being the lowest bid meeting specifications, Lawless Detroit $6,164.40; and Section 2, $1,892.00, being the lowest by the following roll call vote: bid meeting specifications, by the following roll call AYES: Council Members: Raciti, Hammett, AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Hertzog, McFarland, Smallwood NOES: Council Members: None NOES: Council Members: None - Bid Item 330 ABSENT: Council Members: None Bids received for Bid Item 330, Electronic Cash Trees for Electronic Cash Register, are on file in the Clerk's office. On by Vice Mayor Hammett, seconded by Councilwoman Register motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, the bid was awarded to National Cash Awarded Register Corporation, 1602 North Grand Avenue, Santa _National Cash Ana, in the amount of $6,624.00, being the lowest Register 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 332 Bids received for Bid Item 332, Truck with Aerial Truck with Lift, are on file in the Clerk's office. On motion Aerial Lift by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the bid was awarded to Asplundh Equipment Awarded Sales and.Service, 2501 North Tyler Avenue, El Monte, Asplundh in the amount of $25,850.00, being the lowest bid Equipment 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 333 Bids received for Bid Item 333, Furnishing and Fertilizer Spreading 57 Tons_ of Fertilizer, are on file in the Clerk's office. On motion by Vice Mayor Hammett, Awarded seconded by Councilwoman Hertzog, the bid was Robinson awarded to Robinson Fertilizer Company, 119 North Fertilizer 0live Street, Orange, as follows: Section 1, $5,600.00; Section 2, $4,150.00; and Section 3,. $875.00, 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 Bid Item 334 Bids received for Bid Item 334, Diesel Engine, Clutch, Diesel Engine and Transmission, for the Fire Department, are on file - Clutch - in the Clerk's office. On motion by Vice Mayor Transmission Hammett, seconded by Councilwoman Hertzog, the bid was awarded to Lawless Detroit Diesel, 13644 East Nelson Awarded Avenue, City of Industry, as follows: Section 1, Lawless Detroit $6,164.40; and Section 2, $1,892.00, being the lowest Diesel 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 335 Bids received for Bid Item 335, Trees for Fairview Trees for Road, are on file in the Clerk's office. On motion Fairview Road by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the bid was awarded to Arbor Nursery, Awarded Arbor Nursery, Incorporated, Post Office Box 273, Arbor Nursery Azusa, in the amount of $3,591.28, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 336 Bids received for Bid.Item 336, Furnishing of One - Vacuum for Turf Vacuum for Turf, are on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded by Awarded Councilwoman Hertzog, the bid was awarded to B. B. Hayman Hayman Company, Incorporated, 9525 Sorensen Avenue, Santa Fe Springs, in the amount of $4,795.00, 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 1 Bid Item 337 Bids received for Bid Item 337, Forensic Comparison Forensic Microscope, are on file in the Clerk's office.- On Comparison motion by Vice Mayor Hammett, seconded by Council - Microscope woman-Hertzog, the bid was awarded to McBain Instruments,. Incorporated, 9176 Independence Avenue, Awarded Chadsworth, in the amount of $14,489.00, being the McBain lowest bid meeting specifications, by the following Instruments roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 338 Bids received for Bid Item 338, Three Trucks, are Three Trucks on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, Awarded the bid was awarded to Theodore Robins Ford, 2060 Theodore Robins Harbor Boulevard, Costa Mesa, as follows: Exhibit 1, Ford $5,360.82; Exhibit 2, $5,368.93; and Exhibit 3, $9,132.13, 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 Purchase 'On motion by Vice Mayor Hammett, seconded by Council - Agreement woman Hertzog, a two-year extension of Purchase Extension Agreement Contract No. 99-167 with Prudential Over - for Uniforms all Supply Company, for the furnishing of uniforms at the existing prices, was approved by the follow - Prudential ing roll call vote: Overall AYES: Council Members: Raciti, Hammett Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Notice of The Landscaping and Irrigation of Park Center Drive Completion has been completed by R. W. Daniels, 637 West Taft Park Center Avenue, Orange,.to the satisfaction of the Director Drive of Leisure Services. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the work was accepted, the Clerk was authorized to file a Notice 1 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 Agreement - An agreement with Thermal Structures, Incorporated, Thermal for the installation of noise reducing material in Structures a Fire Department vehicle, was presented. The agreement provides for the installation on a test case basis at no charge to the City. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor was author- ized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1977-78 AHFP Item 19 on the Consent Calendar, 1977-78 Fiscal Year Project Arterial Highway Financing Program Project submittals Submittals_ was submitted for the following locations: Superior Avenue, from West 17th Street to the south City limits; and 18th Street, from Park Avenue to Fullerton Avenue. At the request of Councilman McFarland, the City Engineer discussed the 18th Street submittal in greater detail. This submittal is a proposed three- year project for the realignment of 18th Street to connect East and West 18th Street across Newport Boulevard, as shown on the -City's Downtown Redevelop- ment Plan. The precise alignment has not been decided upon at this time and therefore the first year's sub- mittal will also involve the retention of a consultant to determine the best alignment. On motion by Councilwoman Smallwood, seconded by Councilman McFar- Resolution 76-149 land; Resolution 76-149, being A RESOLUTION OF THE Superior Avenue CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF SUPERIOR AVENUE, was adopted 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 Resolution 76-150 Councilman McFarland, Resolution 76-150, being A 18th Street RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF EIGHTEENTH STREET, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman McFarland, seconded by Council - Resolution 963 woman Hertzog, Warrant Resolution 963 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 AM Warrant On motion by Councilwoman -Smallwood, -seconded by Vice Resolution 964 Mayor Hammett, Warrant,Resolution 964 was approved by the following roll call vote: AYES: Council Members: Raciti,'Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: -None ABSENT: Council Members: None Warrant On motion by Councilwoman Hertzog, seconded by Vice Resolution 965 Mayor Hammett, Warrant Resolution 965, including Payrolls 7623 and 7624, 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 Claim - The City Attorney presented the claim of Ricardo Mendoza Mendoza and recommended that it be denied as there was no liability on the part of the City. On motion Denied by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the claim was denied. Claim - The City Attorney presented the claim of Southern Edison Company California Edison Company and recommended that it be denied as there was no liability on the part of Denied the City. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the claim was denied. Claim - The City Attorney presented the claim of Carolyn Stratman Stratman, a former employee, for sick leave and vaca- tion benefits. The City Attorney directed attention Denied to Rule 12 of the Employees Rules and Regulations, stipulating that entitlement to said benefits applies only after one year of service. Ms. Stratman was employed with the City for 11 months. Ms. Stratman was present and was advised by the City Attorney that if Council denied the claim, her recourse would then be to the courts. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the claim was denied. Late Claim - The City Attorney presented the application to present Jacobi a late claim from Fred J. Jacobi and Donald J. Jacobi, and recommended that it be denied as there was no Denied justification for acceptance. of same. On motion by Councilwoman'Hertzog, seconded by Councilwoman Small- wood, and carried, the application to file a late claim was denied. Claim - The City Attorney presented the claim of Patricia Ann Brown Brown and Makenna Brown and recommended that it be denied as there was no liability on the part of the Denied City. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the claim was denied. Wheelchair The City Manager presented a proposed -ordinance estab- Bus Services lishing the business permit requirements for wheelchair bus services. After discussion, on motion by Council- woman Smallwood, seconded by Councilwoman Hertzog, Ordinance 76-70 Ordinance 76-70, being AN ORDINANCE OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA MESA AMENDING THE BUSINESS PERMIT ORDINANCE AND ESTABLISHING THE BUSINESS CLASSIFICATION OF WHEELCHAIR BUS, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: Hammett ABSENT: Council Members: -None Canyons The City Manager presented a proposed resolution Open Space approving the application for Land and Water Project Conservation funds for the Canyons Open Space Project. Vice Mayor Hammett expressed some concerns with respect to the probability of long-term costs to maintain this property. After considerable dis- cussion, on motion by Councilwoman Smallwood, Resolution 76-145 seconded by Councilman McFarland, Resolution 76-145, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICA- TION FOR LAND AND WATER,CONSERVATION FUNDS FOR'THE CANYONS OPEN SPACE PROJECT, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Amendment to The City Manager recommended the re -allocation of HCDA Budget $56,896.00 from the Housing and Community Develop- ment. Budget, to recover funds reimbursable to the City for indirect costs incurred in the implementa- tion of the HCDA program during fiscal year 1977. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the re -allocation was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Purchase of The City Manager presented a proposed resolution Property at and agreement with the County of Orange, for the Park Avenue purchase of 5,200 square feet of property in the and West 19th general location of Park Avenue and West 19th Street Street, for the sum of $200.00. On motion by Councilwoman Smallwood, seconded by Councilman Resolution 76-151 McFarland, Resolution 76-151, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CONCERNING OBJECTIONS TO TAX SALE OF PROPERTY LOCATED WITHIN ITS BOUNDARIES AND INTENT TO PUR- CHASE SAME, 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 The City Manager requested authorization to Restrooms negotiate a joint powers agreement with the at TeWinkle Newport -Mesa Unified School District to provide School public restrooms at TeWinkle School. On -motion by Councilwoman Hertzog, seconded by Councilwoman Smallwood, and carried, the City Manager was so authorized. Public Hearing The Clerk announced that this was the time and place Civic Center set for.the public hearing, continued from the meet - Study ing of October 4, 1976, Parcel 1 of the Civic Center Study, located at the northwest corner of Newport Removed from Boulevard and Vanguard Way. The Director of Planning Agenda informed the Council that this property has now been rezoned'in accordance with the recommendations con- tained in the Civic Center Study and that no further action is required. On motion by Councilman McFar- land, seconded -by Councilwoman Hertzog, and carried, this item was removed from the Agenda. u Public Hearing The Clerk announced that this was the time and R-76-41 place set for the public hearing, continued from Becker and the meeting of November 15, 1976, for Rezone Minkoff - Petition R-76-41, Becker and Minkoff; Frank Becker, Becker - Tanner Theodore Tanner, and Richard Massen, 3412 Quiet - Massen Cove, Corona del Mar; for permission to rezone property at 125, 127, 129, 141, and 145 Cabrillo Street, from AP to C2, consistent with the Central Area Plan. A Negative Declaration of Environmental Impact has been filed. As requested by the Council, the Redevelopment Agency has evaluated this request, and the Planning Director reported their recommenda- tion to rezone these properties to CL instead of C2. The Planning Director further indicated that a Land Use and Zoning Study is being contemplated for this entire area. Frank Becker and Richard Massen were .present and agreed with the recommended zone change to CL. There being no other speakers, the Mayor closed the public hearing. On motion by Council- woman Hertzog, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 76-71 Ordinance 76-71, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF NEWPORT HEIGHTS TRACT FROM AP 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 Public Hearing The Clerk announced that this was the time and R-76-50 place set for the public hearing to consider Rezone The Irvine Petition R-76-50, The Irvine Company, 610 Newport Company Center Drive, Newport Beach, for 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 Environ- mental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. Hardy Strozier, representing the applicant, was present to answer questions from the Council. There being no other speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, the Negative Declaration of Environ- mental Impact was accepted as meeting the requirements Ordinance 76-72 of the law, and Ordinance 76-72, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOTS 140 AND 141; TRACT 6956, FROM Cl AND MP 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 Public Hearing The Clerk announced that this was the time and place R-76-51 set for the public hearing to consider Rezone Peti- tion 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 to CL, R2 -CP, and R3 -CP, consistent with the General Plan. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for the Westside Community 1 I- I 5 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. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded Ordinance 76-73 by Councilman McFarland, Ordinance 76-73, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 1001, NEWPORT MESA TRACT, FROM Cl TO CL, 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, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-76-53 set for the public hearing for Rezone Petition R-76-53, Costa Mesa Planning Commission, for permis- sion to rezone property.located at 1845 Placentia Avenue, from Cl to CL, 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. The affidavit of publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Ordinance 76-74 Councilman McFarland, Ordinance 76-74., being AN First Reading ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT EIGHT OF TRACT 2421, FROM Cl 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 Public Hearing The Clerk announced that this was the time and place R-76-54 set for the public hearing to consider Rezone Peti- tion -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 APto CL, 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. 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 Council - Ordinance 76-75 woman Smallwood, Ordinance 76-75, being AN ORDINANCE First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 702 AND 803, NEWPORT MESA TRACT, AND LOT 1 OF TRACT NO. 23949 FROM AP 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 Public Hearing The Clerk announced that this was the time and place R-76-55 set for the public hearing to consider Rezone Peti- tion R-76-55, Costa Mesa Planning Commission, for permission to rezone property located at 1697, 1700, 1712, 1714, 1720, and 1728 Placentia Avenue, and 786 and 799 West 17th Street, from C2 to MG; and properties located at 1738, 1740, and 1746 Placentia Avenue from C2 to CL, 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. The affidavit_ of publication is on file in the Clerk's office. A communication in opposition to the request has been received from -Thomas J. Sulas, owner of property at 1697 Placentia Avenue. Mr. Sulas was present and informed the Council that he has sold the subject property contingent on the zone remaining C2. During the discussion which followed, it was decided that Mr. Sulas should contact his prospective buyer and discuss the proposed zone change with him. There being no other speakers, the Mayor closed the public hearing on all properties with the exception of 1697 Placentia Avenue.- On motion by Vice Mayor Portion Hammett, seconded by Councilwoman Hertzog, consider - Held Over ation of the rezone for the property at 1697 Placentia Avenue was held over to the meeting of December 20, 1976, with the remaining properties on Ordinance 76-76 Rezone Petition R-76-55 approved, and Ordinance 76-76, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS ONE AND TWO, TRACT NO. 4338, FROM C2 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 Public Hearing The Clerk announced that this was the time and place Proposed set for the public hearing to consider a request Abandonment - from Balalis and Pigneri Development Company, 2005 Banning Place West Balboa Boulevard, Newport Beach, for abandon- ment -of a portion. of Banning -Place, north of West Balalis and Wilson Street -between Canyon Drive and Pacific Pigneri Avenue. A Negative Declaration of Environmental Impact has been filed. The affidavits of publishing Denied and posting are on file in the Clerk's office. A communication has been received from the Metropolitan Water District of Southern California, 111 Sunset Boulevard, Los Angeles, expressing no objection to the proposed vacation. The Planning Commission recommended denial of the request, and suggested that the applicant, as an alternative, could apply for an Encroachment Permit to use this property. Charles Pigneri was present and reaffirmed the request for abandonment. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and. carried, the request was denied. Recess The Mayor declared a recess at 8:35 p.m. and the meeting reconvened at 8:40 p.m. ZE-76-106A The Director of Planning presented an application for Power Zone Exception ZE-767106A, William J. Power, 2302 Newport Boulevard, Costa Mesa, for a variance for Denied reduction in required landscape and parking to allow 1 1 1 57, construction of a 3,610 square foot commercial building, in a C2 zone -located at that address.. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended denial.. A communication in support of the request has been received from Melvin J. Higbee, owner of property at 2306 Newport Boulevard, Costa Mesa. The applicant was not present. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, ZE-76-177 and carried,'the request was denied. The Director of Planning presented an application Sundberg for Zone Exception ZE-76-177, Soren J. Sundberg, 229 La Jolla Drive, Newport Beach, for a variance Held Over to allow nine percent density deviation to construct a seven -unit apartment complex (2,758 square feet per unit), and to allow encroachment into the rear yard setback, in an R2 zone located at 185 Mesa Drive. A Negative Declaration.of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. communication in opposition to the request has been received from Cornelia S. Wright, 211 Mesa Drive, Costa Mesa. The applicant's representative, Thelma Sundberg, was present and agreed to the conditions. During the discussion which followed, the Council had several questions which could not be answered by the applicant's representative. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, this item was held over to the meeting of December 20, 1976, in order that the applicant may be present. ZE-76-179 The Director of Planning presented an application Lucas for Zone Exception ZE-76-179, Douglas H. Lucas, 1399-C Baker Street, Costa Mesa, for a Conditional Denied Use Permit for home occupation to repair household appliances (washers, dryers, stoves, etc.), in the garage of an apartment complex, in an R4 zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. Eighteen postcards in support of the request were received, containing a total of 32 signatures. The applicant was present to :answer questions from the Council. Charles Beecher, Post Office Box 704, Costa Mesa, spoke in opposition to the request. After discussion, on motion by Councilman McFarland, seconded by Vice Mayor Hammett, and carried, the request was denied. ZE-76-180 The Director of Planning presented an application Mead for Zone Exception ZE-76-180, Gary G. Mead, 12791 Barrett Street, Santa Ana, for a Conditional Use Permit to allow retail customer traffic in conjunc- tion with an existing industrial packing service, in an MG zone located at 3042-B Enterprise Street. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was not present. The Planning Director informed the Council of the applicant's request, at the Planning Commission meet- ing, for removal of Conditions 3 and 4 pertaining to land dedication as he is not the owner of the subject property. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission, with the exception of Conditions 3 and 4 which were deleted. RE ZE-76-181 The Director of Planning presented an application Moore for Zone Exception ZE-76-181, Jack J. Moore, 1555 Mesa Verde Drive East, L-40, Costa Mesa, for a Denied Conditional Use Permit to operate an auto body repair and paint shop (no complete painting), in an MG zone located at 1835-A-1 Whittier Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications have been received. Information has been received from the leasing agent for the subject property that Mr. Moore has cancelled his lease and is no longer pursuing approval of this item. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the application was denied. ZE-76-187 and The Director of Planning presented an application RA -28 for Zone Exception ZE-76-187 and Redevelopment' Read and Faubus Action RA -28, Read and Faubus Development Company, 1670-M Santa Ana Avenue, Costa Mesa, for a Condi- tional Use Permit to construct six apartment units with variance for seven percent density deviation (1,867. square feet per unit), in an R3 -CP zone locatd at 1767 Orange Avenue. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for the Downtown Redevelopment Project accepted by Council on December 17, 1973.. The Planning Commission and Redevelopment Agency recommended approval subject to conditions. No communications have been received. The applicant was not present. On motion by Council- woman Smallwood, seconded by Vice Mayor Hammett, and carried, the -application was approved subject to. conditions as recommended by the Planning Commission. ZE-76-188 The Director of -Planning presented an application Basabe for Zone Exception ZE-76-188, Joe Basabe, 2135 Wallace Avenue, Costa Mesa, for a variance to encroach into the required side yard setback with a 140 square foot addition to an existing garage, in an R1 zone located at'that address. An Exempt Declaration of'Environmental Impact has been -filed. The Planning Commission recommended approval subject to conditions. No communications have been received.. The applicant was present and agreed to the condi- tions. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-189 The Director of Planning presented an application Williams for Zone Exception ZE-76-189, Gregory A. Williams, 1500 Adams Avenue, No. 108, Costa Mesa, for reduc- Denied tion in commercial parking requirement to allow seating in an existing take-out restaurant in order to'serve alcoholic beverages, in a Cl zone located at that address. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended denial. No communications have been received. The applicant was not present. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the application was denied. ZE-76-190 The Director of Planning presented an application Assistance for Zone Exception ZE-76-190, The Assistance League League of of Newport Beach, 505 - 32nd Street, Newport Beach, Newport Beach for a Conditional Use Permit to operate a day care 1 1 ..... 59. center for a maximum of 48 children, in an Rl zone located at 2032 Orange Avenue. A Negative Declara- tion of Environmental Impact has been filed. The Planning Commission recommended approval subject'to conditions. A resolution has been received from the Chamber of Commerce in support of this request. The City Attorney, in response to an inquiry regarding the conflict of interest code,'stated for the record that he has found no conflict of interest under Sec- tion 87100 of the Fair Political Practices Act and that all five Council Members may vote on this item. Margaret Metcalf, 2798 Bluebird Circle, Costa Mesa, representing the applicant, was present and agreed to the conditions. On motion by Councilwoman Hertzog, 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 as recommended by -the Planning Commission. ZE-76=191 The Director of Planning presented an application Balalis and for Zone Exception ZE-76-191, Balalis and Pigneri Pigneri Development, 2005 West Balboa Boulevard; Newport Beach, for a Conditional Use Permit to construct a 15 -unit condominium project with a variance to allow a 3.2 percent density deviation (2,906 square feet per unit), in an R2 -CP zone located at 2082 Thurin Avenue. Also to be heard concurrently with this Tentative item, Tentative Tract Map 9559, Balalis and Pigneri Tract Map Development, for permission to create a one -lot 9559 subdivision for condominium purposes. Negative Declarations of Environmental Impact have been filed for both items. The Planning Commission recommended approval of both the Zone Exception and Tentative Tract Map subject to conditions. Paul Balalis was present and agreed to the conditions. However, Mr. Balalis discussed a condition of the Costa Mesa County Water District requiring separate meters for each condominium unit, stating that in his experience the owners would have less expense if this were done on one meter. The Council advised Mr. Balalis to appeal this condition to the Water District Board, and if successful in having it deleted, the.City would not require same. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and ZE-76-191 was approved subject to all conditions as recommended by the Planning Commission. On further motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Tentative Tract Map 9559 was approved subject to conditions as recommended by the Planning Commission. ZE-76-192 The Director of'Planning presented an application Sewell for Zone Exception ZE-76-192, Richard Sewell, 136 Rochester Street, Costa Mesa, for a Conditional Use Permit to construct 105 apartments with variances to allow reduction in number and size of required park- ing spaces and in required building separation, in an R4 -CP zone located at the northwest corner of Vanguard Way and Newport Boulevard. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. Communications in opposition to the request have been received from the following Costa Mesa residents: Lawrence J. Reilly, Sr., 2334 Minuteman Way; and Chester B. Wine, Board of Governors, Monticello Townhouses, 150 Valley Forge Road. A memo has been submitted by the Traffic Engineer recommending denial'of the Zone Exception for the following reasons: The proposed driveway locations are in direct conflict with those on the opposite side of the street; a reduction in parking is not acceptable due to the fact that there will be no off-site parking on this street; and, the request for reduction in the size of parking spaces is not recommended as there is no way to regulate the use of compact spaces. Chester B. Wine, Vern Hubbard, and Elmo Perris, speaking on behalf of the Monticello residents, spoke in strong opposition to the request particularly in regard to any reduction in the parking requirements. The Planning Director indicated that the driveway conflict has now been resolved by a revision of the plans.. The City Engineer confirmed the fact that there would be no off-site parking at this location and urged the Council to'be most cautious in their consideration of the parking. Mr. Sewell was present and spoke in rebuttal to the remarks made. After lengthy discus- sion, 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; the application was approved for a total of 97 apartment units with the stipulation that -the project be in compliance with the ordinance requirements regarding parking; the building separation was permitted; and the project is subject to all conditions as recommended by the Planning Commission. ZE-76-193 The Director of Planning presented an application Callaway for Zone Exception ZE-76-193, Cecil M. Callaway, 200 Broadway, Costa Mesa, for a Conditional Use Permit to construct four apartments in conjunction with five existing units (2;046 square feet per unit),. and a variance for building separation, in an R4-CP zone located at 1963 Wallace-Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to the conditions. On motion by Councilman McFarland, seconded by Vice Mayor Hammett, 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-76-195 The.Director of Planning presented an application Chrysler Realty for Zone Exception ZE-76-195, Chrysler Realty Cor- poration, 16301 Woodstock Lane, Huntington Beach, for a Conditional Use Permit to add 7,840 square feet of service bays to an existing commercial building, in a Cl-CP zone located at 2888 Harbor Boulevard. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant's representative, James Baker, was present to answer questions from the Council and agreed to the condi- tions with the exception of Condition No. 9 concerning dedication of fire hydrant and repair easements since Chrysler Realty Corporation is not the owner of the property. The Council felt that the owner should meet this requirement. Councilman McFarland discussed the possibility of adding a condition to reduce the noise from the public address system at this location. Mr. Baker stated 1 I - that Chrysler Realty did not install the public address system, this was the dealer's responsibility. After further discussion, on motion by Councilwoman Smallwood., seconded by Vice Mayor Hammett, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to all conditions as recommended by the Planning Commission. ZE-76-196 The Director of Planning presented an application Wisniewski for Zone Exception ZE-76-196, Charles Wisniewski, 200-1/2 - 15th Street, Newport Beach, for a Condi- tional Use Permit to operate an auto repair garage for Jaguar automobiles, in an MG zone located at 775 West 17th Street, Units 0 and P. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to the condi- tions. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting, the requirements of the law, and the applica- tion approved subject to conditions as recommended by the Planning Commission. ZE-76-198 Carney ZE-76-199 Buccola Company Oral Communications The Director of Planning presented an application for Zone Exception ZE-76-198, Thomas J. Carney, 2000 Placentia Avenue, Costa Mesa, for a variance to con- struct seven apartment units with a 4.2 percent density deviation and waivers from the required rear yard setback, driveway width, and maneuvering distance, in an R2 zone located at 2543 Orange Avenue. A.Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended -approval subject to conditions. A letter has been received from Ella A. Post,.owner of property at 2547 Orange Avenue, Costa Mesa, requesting a condition be added to prevent the builder from dumping materials on her adjacent lot. The applicant was present and _agreed to'the conditions but asked for relief from Condition No. 24 concerning the installation of a fire hydrant. After discussion, the Council felt this condition to be a necessary requirement for the project. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the applica- tion approved subject to conditions as recommended by the Planning Commission. The Director of Planning presented an application for Zone Exception ZE-76-199, The Buccola Company, 4501 Birch Street, Newport Beach, for a variance from the side yard setback on a corner lot to construct three single-family homes, in an R1 zone located at the southwest corner of Paularino Avenue and the Corona del Mar Freeway. 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 not present. On motion by.Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. Joyce Martin, 2924 Redwood Avenue, Costa Mesa, was present on behalf of the Bicentennial and Historical societies to invite the Council to attend the Com- memoration of the Estancia paintings on December 12., 1976, at 1:30 p.m. in the City Hall lobby. Mrs. Martin also thanked the Council for the opportunity to work with the City on the Bicentennial Commit:tee_. Carolyn Stratman addressed the Council in regard to her claim against the City which was denied earlier in the meeting. Councilmanic Mayor Raciti.presented a resolution confirming the Comments City Manager's salary increase which the Council approved in Personnel Session on November 22, 1976. On motion by Vice Mayor Hammett, seconded by Resolution 76-152 Councilwoman Smallwood, Resolution 76-152, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE RATE OF PAY FOR THE CITY MANAGER, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland,- Smallwood NOES: Council Members: None ABSENT: Council Members: None Adjournment On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, the meeting was adjourned at 10:40 p.m. Mayor of the C' of 210,7ta Mesa ATTEST: Ci y Clerk of the City of Cost esa 1