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HomeMy WebLinkAbout01/17/1977 - City Council%13 REGULAR MEETING'OF THE CITY COUNCIL CITY OF COSTA MESA January 17, 1977 The City Council" of the City of Costa Mesa met in regular session at 6:30 p.m., January 17, 1977, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by. the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Reverend Wayne P. Mullen, First Baptist Church of Costa Mesa. Roll Call Council Members Present: Raciti, Hammett, Hertzog, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/City Engineer Deputy City Clerk Minutes The Mayor declared the Minutes.of the regular meeting January 3, 1977 of January 3, 1977, approved as distributed and posted as there were no corrections. Ordinances On motion by Vice Mayor Hammett, seconded by Council woman Hertzog, and carried, all ordinances will be read by title only. ZE-76=1.39" The Deputy Clerk presented.from the meeting of Lively January 3, 1977, an application for Zone Exception ZE-76-139, Joan B. Lively, Post Office Box 187, Corona del Mar, for a variance from minimum parcel size to allow division of property into two parcels, in an R3 zone located at 3000 and 3002 Fillmore Way. An Exempt Declaration of Environmental Impact has been filed. The Director of Planning outlined the proposed modified conditions as follows: Conditions No. 1 and No. 6 to remain unchanged. Conditions No. 3, No. 4, and No. 5 to be deleted. Condition No. 2 to read: "Continuous offer to dedicate all land 53 feet from the centerline of Baker Street." Condition No. 7 amended to read: "Applicant shall file a parcel map or Certificate of Compliance in accordance with Section 13-466 et seq. of the Costa Mesa Municipal Code. Parcel map or Certificate of Compliance must be recorded prior to sale of property." Condition No. 8 was added to read: "Conditions 1, 2, and 6, must be complied with prior to recordation of parcel map or Certificate of Compliance." Del Larson, 3108 Monroe Way, Costa Mesa, asked for clarification of the condi- tions and discussed the necessity for Condition No. 1. Vernon Johnson, 3118 Paso Robles Drive, Anaheim, reiterated some of the history of the parcels. During their deliberations, the Council made a finding that the subject property was, in violation of the provisions of the City's subdivi- sion requirements. Afterdiscussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to the modified conditions as outlined by the Director of Planning. ZE-76-203 The Deputy City Clerk presented from the meeting of Ryan January 3, 1977, an application: for Zone Exception ZE-76-203, for a variance to construct six apartment units.in addition to an existing house with a four percent density deviation (2,875 square feet per unit), and.tan.dum parking, in an R2 zone located at 2549 Orange Avenue. A.Negative Declaration of Environmental Impact has been filed. The Planning Department recommended approval based on neweleva- tions submitted. The Director of Planning proposed an additional condition, No. 20, to read as follows: "Existing structures shall be made to comply with all applicable provisions of building, plumbing, electrical, and all other codes administered by the City of Costa Mesa". Mr. -and Mrs. Jerry Ryan, 3228 Dakota Avenue, Costa Mesa, were present and agreed to all conditions. Councilman McFarland questioned the advisability of building garages rather than carports, and made a motion, seconded by Vice Mayor Hammett, to approve the application with the stipu- lation that.the garages be changed to carports. This motion was later withdrawn.. After further discussion, on motion by Councilman McFarland, 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 the conditions as recommended by the -Planning Commission, and the additional condition outlined by the Planning Director. ZE-76-209 The Deputy City Clerk presented from the meeting of Edwards January 3, 1977, an application for Zone Exception Interiors ZE-76-209, Edwards Interiors,• 1231 Camino del Rio Avenue, San Diego, for variances from the require - Withdrawn ments of the Sign_Ordinance to permit three above -roof signs and to allow letter height in excess of that,permitted, in a Cl zone located at 3089 Bristol.Street. 'A -letter requesting withdrawal of the application was.received January 7, 1977. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, application was withdrawn. Crime On motion by -Councilwoman Smallwood, seconded by Vice Prevention Mayor Hammett, Ordinance 77-1, being AN ORDINANCE OF Committee THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA,.REPEALING SECTIONS 2-280 THROUGH 2-288 OF THE Ordinance 77-1 MUNICIPAL CODE OF THE CITY OF COSTA MESA ENTITLED: Adopted CRIME PREVENTION COMMITTEE, 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-76-60 On motion by Councilwoman Smallwood, seconded by Eberle Councilwoman Hertzog, Ordinance 77-2, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 77-2 MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION Adopted OF LOT 132, NEWPORT HEIGHTS TRACT, FROM Cl TO 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 M9 University The Deputy City Clerk presented a letter from the Drive City of Irvine.expressing their City Council's recent Extention action opposing any further design or preparation of environmental reports pertaining specifically to the proposed University Drive -extension. The Council expressed .co.ncern :about. the affect. this may have on Costa Mesa's circulation.plans.. On motion by Vice Mayor Hammett,- seconded by -Councilwoman Smallwood, and carried, the Mayor will respond to the Irvine City Council advising -them thatcomment will be withheld until the matter can be more fully analyzed. CONSENT CALENDAR. The-following.items were removed from the Consent.Calendar.: Item 6, A Notice of ' Intention_to..Solicit for Charitable Purpose from American National Volleyball Association; Item 8, a request from International.Promotions,.Incorporated, to hold a.three-day.consumer.vehicle show at,the. Orange County Fairgrounds; -and Item 14, a request for refund of $38.00 to Jerry Lee Zemojtel. On motion by Vice Mayor Hammett, seconded by Council- man McFarland,.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: Claims The following claims were received by the City Clerk and no action is required: Automobile Club of Southern California.on behalf of Joy G. Wine;.Attorney Richard L. Borgen on behalf of Marie.Conception Flores. Assembly Letter from Assemblyman Dennis Mangers quoting California Governor Brown's request.to`the counties to Legislature submit a detailed list of all State mandated programs which could reasonably be removed or modified -by the State, and requesting that the City submit a similar list. Redistribution Resolutions from the cities of Compton and Palm of Sales Tax Desert opposing.the redistribution of sales tax Revenues revenues on the basis of population. Los Alamitos Resolutions from the cities of Los Alamitos and Naval Air Seal Beach urging Congress.to investigate the Station impact of the.proposed plan to transfer admin- istration of the Los Alamitos Naval Air Station from the Navy to the California National Guard. Resolution from the.City of Los Alamitos urging California National -Guard officials to resched- ule the proposed information meeting of January 20, 1977, to the Los Alamitos Naval Air Station. Santa Ana River/ Letter from Milan M. Dostal, Mayor of the City Santiago Creek of Newport Beach, advising of their support of Greenbelt the Santa Ana River/Santiago Creek Greenbelt Commission Commission; ..and urging the City of Costa Mesa to join. Local Agency Notices from the Local Agency Formation Com - Formation mission -of public hearings to be held on Commission January 12;.1977,.at 2:00 p.m., in Room 503, Orange County Administration Building, 515 North Sycamore Street, Santa Ana, on proposed annexations to the City of Fountain Valley, designated Annexation No. 76-1, and Harbor - Edinger Annexation. Public Notice of hearing on Application No. 56706 in Utilities the matter of Application of Southern Cali - Commission fornia Gas Company; under Section.1001 of the Public Utilities Code, for a certificate that the public convenience and necessity require the construction and operation of,a propane - air -natural gas mining facility to be located in Wilmington, to provide interim additonal gas volumes; and, under Section'454 of the Public Utilities Code, for authorization to expand Purchased Gas Adjustment procedures to include a propane -air -project. Hearing to be held before Examiner Johnson, on January 27, 1977, at 10:00 a.m., in -the Commission Court- room, 107 South Broadway, Los Angeles. Inspection Report from J. R. Elpers, M.D., Health Officer of Detention of the County.of Orange.on inspection of the Facilities City's detention facilities. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning: Licenses Khalil T. Ghosn,,doing business as The Phoenician, 2701 Harbor Boulevard, Suite E; Bahjat Sweidan-and Helen Sweidan, doing business as Bud's International Quisine, 597 West 19th Street; Robert R. and Diane E. Van Drimlen, doing business as Sea Breeze, 541 West 19th Street. Alcoholic Beverage License application which has been protested by the.Planning Department: Southland:Corporation, doing business as 7 - Eleven Food Store No. 2113 -New, 204 East 17th Street,.until such time as -building plans have End - been received and approved by the Planning Reading Folder Department. Business A request from .'Sergio Avila, El Ranchito Productions, Permits 409 - 28th -Street, Newport Beach, for a one-night dance December 31, 1976, at South Coast Plaza Hotel, Sergio Avila was ratified. West Coast A request from'.West Coast Productions, Post Office Productions Box 772, Azusa, for a two-day gun show at the Orange County Fairgrounds,-January.l5 and 16, 1977, was ratified. South Coast Notice of Intention to Solicit for Charitable Purpose Hockey from South Coast Hockey Association, 2701 Harbor Association Boulevard, Costa Mesa, by a.skate-a-thon, January 1 through 31, 1977, was approved with application.of Section 9-234J of the Costa Mesa Municipal Code. Purple Heart Notice of Intention to Solicit for Charitable Purpose Veterans. from Purple Heart Veterans Rehabilitation Services, Rehabilitation Incorporated, doing business as Purple Heart Veterans Services Thrift Shop, 555 East Ocean Boulevard, No. 225, Long Beach, by collection of usable household items and clothing for sale in thrift. shop, January 1 through December 31, 1977, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. The Fling A request from The Fling, 145 East 19th Street, Costa Mesa, for:an entertainment permit.at that address, was approved, subject to one condition of the Revenue Division. Kiwanis Club A request from the Costa Mesa Kiwanis.Club, to use Lions .Park• for. a pancake. breakfast, May 7, 1977, from 6:00 aim.:to 12:00 noon, was approved subject to conditions of the Leisure Services�Department. Set for Public The followin& items were set for public hearing on Hearing February 7, 1977, at 6:30 p.m., in the Council Chambers of City Hall: Land Use Proposed Ordinance amending Title.13 of the Procedures Costa Mesa Municipal Code., by adding a new Chapter XI, relating to methods and pro- cedures of processing Land Use matters and delegating authority'to°accomplish same. R-77-01 Rezone Petition R-77-01, August H. Reiter, 2039 Reiter Vista Cajon, Newport Beach, for permission to rezone property located at the southwest corner of Placentia Avenue and 17th Street, from C2 to CL, in conformance with the General Plan. A Negative Declaration of'Environmental Impact has been filed. R-77-02 Rezone Petition R-77-02, Costa Mesa Planning Commission, for permission.to rezone property located :-at- 147,, 169,146-162 (even numbers) , 170-196 (even numbers) East 18th Street, from Cl to R2 -CP, in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. R-77=03 Rezone Petition R-77-03, Costa Mesa Planning Commission, for permission to rezone property located at 903 West 17th Street, Play Port Park, 1660 Whittier Avenue, Island View Park, and 1684 -Whittier Avenue, Orange Coast Park, from Ml to MG. A Negative Declaration of Environmental Impacthas been filed. Refunds On recommendation by the Building Safety Director, refund of $304•.87 to Peter W. Nourse, 901 Dover Drive, Nourse Suite 110, Newport.Beach, on Electrical Permit Nos. 41252, 41253,. and 41254, and'Plumbing Permit Nos. 70260, 70261, and 70262, 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 A1uma-Kool On recommendation by the Building Safety Director, Aluminum refund of $25:93 to A1uma-Kool Aluminum Products, Products 1526 East Washington Boulevard, Los Angeles, on Building Permit No.'42792, as project at 587 West Bay Street was cancelled, was approved by the following roll call vote: AYES: Council Members: 'Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council -Members: None Salmonson On recommendation by -the Building Safety Director, refund of $327.56 to=Richard Salmonson, Post Office Box 1314, Newport Beach, on Building Permit Nos. �1 I 1 11 41382, 41383, 42361, and 42362, as dublicate payment was made, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bostwick On recommendation by the Director of.Leisure Services, refund of $25.00 to Paul Bostwick, 5641 Los Contos, Long Beach, representing.overpayment of a golf tourna- ment fee, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 329 Bids received.for Bid Item 329, for the furnishing Carpeting of material and labor to carpet the Costa Mesa Police Department,. are on file in the Clerk's Office. On Awarded motion by .Vice Mayor Hammett,.seconded by Councilman Alden's Carpets McFarland, the.bid was awarded..to Alden's Carpets, 1663 Placentia Avenue, Costa Mesa, in the amount of $18,026.04, 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 342 Bids received for Bid Item 342, Police Vehicles (2 Police each), are on file in the Clerk's office. On motion Vehicles by Vice Mayor Hammett, -'seconded by Councilman McFar- land, Exhibit 1 of the bid was awarded to Theodore Awarded Robins, Incorporated, 2060 Harbor Boulevard, Costa Theodore Mesa, in the amount of $5,267.74, being the lowest Robins bid meeting specifications; and the City Manager was authorized to negotiate with interested Chevrolet dealers for Exhibit 2, by the following roll call voter AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Traffic Tape The Purchasing.Agent requested authorization to Reader purchase one each Stevens Model 311J Traffic Tape - Sole Source Reader, at a cost of $5;900, sole source item, Item from Leupold and Stevens, Incorporated, Post Office Box .688, Beaverton, Oregon. On motion by Vice Mayor Leupold and Mayor Hammett, seconded by Councilman McFarland, the Stevens purchase was approved by the following roll call vote: Agreement - An agreement between the cities of Fountain Valley City of and Costa Mesa, concerning street marking services, Fountain Valley using the Costa Mesa marking machine and operator, was presented. This is a renewal -of the previous Street contract increasing the rental cost of the machine Marking from $15.00 to $27.00. On motion by Vice Mayor Services Hammett, seconded by Councilman McFarland, the AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: .Council Members: None Agreement - An agreement between the cities of Fountain Valley City of and Costa Mesa, concerning street marking services, Fountain Valley using the Costa Mesa marking machine and operator, was presented. This is a renewal -of the previous Street contract increasing the rental cost of the machine Marking from $15.00 to $27.00. On motion by Vice Mayor Services Hammett, seconded by Councilman McFarland, the WW agreement was,approved, and. the Mayor and Clerk authorized to sigm 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 Completion The resurfacing and reconstruction.of city streets has been -completed by the Sully -Miller Contracting Resurfacing Company, Post Office Box 432,_Orange, to the and satisfaction of the Director of Public Services. Reconstruction Request was made that the contract be held open, of City Streets the City Engineer be authorized to extend the contract, and a change order be approved in the approximate amount of $6,500.00 to complete the reconstruction of the easterly side of Canyon -Drive. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the work was accepted, the Clerk was.authorized to,file a Notice of Completion for improvements constructed to date, the City Engineer was authorized to extend the contract, and a change order was approved in the amount of $6,500.00, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: 'None Final Map On motion by Vice Mayor Hammett,: seconded by Council - Tract 9559 man McFarland, Final Map.of Tract -9559, Balalis and Balalis and Pigneri.Development Company, 2005 West Balboa Boule- Pigneri vard, Newport Beach, located at 2082 Thur -in Street south of Hamilton Street; and a Subdivision Agree- ment in -connection therewith, was approved; the Council did accept on behalf of the City of Costa Mesa, the 3.00 -foot Pub-lic_Utility easement as dedi- cated, and: did also approve subject map pursuant to the provisions of Section 66436 (b) (1) of the Subdivison Map Act; and the Mayor and Clerk were authorized to sign,said documents 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 AHFP Agreements Three Arterial.Highway Financing Program Agreements - 19th Street for 19th Street between. Fullerton.Avenue and Park Avenue; Project Numbers 766,'810, and 856, were presented.. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the agreements were 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 Conference On motion by Vice Mayor Hammett, seconded by Council - Advance man :McFarland, a Conference Advance request for a police officer to attend the "Political Violence and Terrorism" Conference in.San Luis Obispo, January 23 through 28, 1977,.was.approved in the amount of $221.35, by the following roll call vote: NONE NOW 111000M MAMA AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Notice of The Landscape development of Tanager Park, Capital Completion Improvement Project No. 76-5-1-L.S., has been com- Landscape pleted by Plaza Landscape, Incoroporated, 1620 Development North Main Street, Orange, to the satisfaction of Tanager Park the Director of Leisure Services. On motion by Vice Mayor Hammett, seconded by Councilman McFar- land, the work was accepted, the Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the 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 American Item No. 6 on the Consent Calendar, Notice of Inten- National tion to Solicit for Charitable Purpose from American Volleyball National Volleyball Association, 7201 Garden Grove Association Boulevard, Suite G, Garden Grove, by door-to-door solicitation, for one year, was presented. After discussion, on motion by Councilwoman Hertzog, seconded by Mayor Raciti, the request was approved for 30 days, with the option to apply for additional 30 -day periods. International Item No. 8 on the Consent Calendar, a request from Promotions International Promotions, Incorporated, 1949 North Tustin Avenue, Suite 106, Orange, to -hold a three- day consumer vehicle show at the Orange County Fair Grounds, March.25 through 27, 1977, was presented. Vice Mayor Hammett voiced concern that the City may not be deriving full benefit of sales tax from shows of this type and requested the staff to investigate the matter in an attempt to eliminate retail sales, and return the swap meet to its original purpose, that of affording citizens an opportunity to sell items such as would be sold at a garage sale. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the request was approved. Refund of Item No. 14 on the Consent Calendar, a refund in Storage the amount of $38.00 to Jerry Lee Zemojtel, 2326 Fees - Colgate Drive, Costa Mesa, representing reimburse- Zemojtel ment of -vehicle storage fees, was presented. The City Manager requested that this item be continued Held Over for three weeks pending further investigation into the matter. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, this item was held over to the meeting of Febru- ary 7, 1977. Warrant On motion by Councilwoman Hertzog, seconded by Resolution 970 Councilwoman Smallwood, Warrant Resolution 970, including Payroll 7701, was approved by the following 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 Eric Morton Morton and recommended that.it be denied as there was no liability on the part of the City. On Denied motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the claim was denied. Claim - The City Attorney presented the claim of James J. Pond Pond and recommended that it be denied as there was no liability on the part of the City. On Denied motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the claim was denied. Housing and The City Manager presented the third year Housing Community and Community Development Act Application Recom- Development mended Program and Budget. The Chairman of the Program and Committee, Jere Vanderwalle, answered questions Budget from the Council and explained that Item No. 9, a ten percent contingency fund in the amount of $84,700.00 had been inadvertently omitted from the figures, and would have to be inserted to make the total correct. Vice Mayor Hammett commended the work of the Committee and Chairman Vanderwalle. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the .third year program and budget was approved in the amount of $847,000.00 by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Revenue The City Manager presented a recommendation to Sharing approve $6,.750.00 in Social Service Revenue Shar- ing monies for Orange Coast College Day Care Center. He explained that these funds would be used to bring the building up to code in order to get aJlicense from the State Department of Health, under Title 22 regulations. Councilwoman Hertzog added that they would then qualify for Title 22 funds which would allow a hot meal to be prepared for the children. On motion by Councilman McFar- land, seconded by Councilwoman Hertzog, Social Service Revenue Sharing funds were approved for the Center in the amount of $6,750.00, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None "Super Block" The City Manager presented representatives from and McCullough Architects: Bill McCullough, 4320 Fire Station Campus Drive, and Ken Carr, 2229 Raleigh Avenue, No. 1 Costa Mesa. Mr. Carr explained the overall design concept of the "Super Block" in relation to the . established areas of Lions Park, and the location of Fire Station No. 1. One-story and two-story designs for Fire Station.No..l were presented for consideration. Councilwoman Smallwood and Council- man McFarland commended the work of the architects, and on motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, the overall plan of the "Super Block" was accepted, the two-story design of Fire Station No. 1 was approved, authorization was given to proceed with the preparation of work- ing drawings for that structure, and the City Manager was authori.zed,to sign a contract with 1 u 17 1 Ultrasystems, Incorporated, 2400 Michelson Drive, Irvine, in the amount of $7,940.00, for an Environ- mental Impact Report for the "Super Block", by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT:' Council Members: None Advertising The City Manager presented proposed guidelines to Guidelines aid in developing a policy for City advertising. After brief discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried,.the policy was approved and it was -agreed that Council approval be required for expenditures over $2,000.00, and that expenditures under $2,000.00 be submitted in memorandum form for the Council's information. Public Rehearing The Deputy Clerk announced that this was the time GP -76-3E and place set for the public rehearing of General Morrow Plan Amendment GP -76-3E, Howard C. Morrow, 23038 Crenshaw Boulevard, Torrance, for permission to Denied amend the land use designation of property located at 284 and 292 Victoria Street, from General Commercial to High Density Residential. The Cali- fornia Environmental Quality Act requirements have been met by the Environmental Impact Report for GP -76-1C, accepted by Council April 19, 1976. The affidavit of, publication is on file in the Clerk's office. A letter has been received from Tom Schworer, 2019 South Capella Court, Costa Mesa, containing rationale in support of the request. Mr. Schworer was present as the owner of the property at 292 Victoria, and as agent for Howard C. Morrow, and spoke in favor of changing the land use from General Commercial to High Density Resi- dential, as did Larry Leelan, 1640 Superior Avenue. Speaking in opposition to the request were Ed Wolcott, 280 Victoria Avenue, Costa Mesa; Maurice Graham, 4751 Ohio Street, Yorba Linda; and S. R. Nord, D.D.S., 300 Victoria Avenue, Costa Mesa. There being no other speakers, the Mayor closed the public rehearing. Vice Mayor Hammett spoke in favor of retaining the present land use as being compatible with the hospital across the street. After discussion, it was agreed that the best interests of the community would be served by retaining the present General Commercial use. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, the request was denied. Public Hearing The Deputy Clerk announced that this was the time R-76-39 and place set for the public hearing, continued from the meeting of January 3, 1977, to consider Denied Rezone Petition R-76-39, Costa Mesa Planning Com- mission, for permission�to rezone property located at 1750 Whittier Avenue, from R1 to MG, consistent with the General Plan. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. Speaking in opposition to the.request was Richard Olson, 1750 Whittier Avenue; also David Salcido, 954 West 17th Street, who presented a petition con- taining the signatures of five owners of property on 17th Street and Whittier Avenue, requesting the subject property remain Rl and that subsequent zoning be designated ,as Residential. There being no others speakers the Mayor closed the public hearing. After discussion, it was agreed that the property should remain Residential at this time, with the staff to be directed to initiate a specific plan for future use. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the request was denied. On further motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, staff was directed to prepare a specific plan. Recess The Mayor declared a recess at 8:25 p.m. and the meeting -reconvened at 8:35 p.m. Public Hearing The Deputy Clerk announced that this was the time R -76-61A and place set for the public hearing to consider a Jerwel request from Jerwel Enterprises, Post Office Box Enterprises 176, San Dimas, for permission to rezone property located northerly of Bristol Street and westerly of the Newport Freeway, from MP to C1 -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. There being no -speakers, the Mayor closed the public hearing. On motion by Council- woman Smallwood, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 77-3, being AN ORDINANCE OF THE Ordinance 77-3 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, First Reading CHANGING THE ZONING OF PORTIONS OF LOTS FIVE AND SIX OF BLOCK "F" OF THE BERRY TRACT, AND A PORTION .OF LOT TWELVE OF BERRY RANCHO, FROM MP TO C1 -CP, was given first reading and passed to second read- ing by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public'Hearing The Deputy Clerk announced that this was the time Santa Ana River/ and place set for the public hearing to consider Santiago Creek the endorsement of the Santa Ana River/Santiago Implementation Creek Implementation Plan. -The Planning Commission Plan recommended endorsement of the plan. Jack Berger, coordinator of the Santa Ana River/Santiago Creek Greenbelt Commission spoke in favor of endorsing the plan. There being no other speakers, the Mayor closed the.public hearing.. On motion by Council- woman Smallwood, seconded by Vice Mayor Hammett, Resolution 77-13 Resolution 77-13, being A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF COSTA MESA, CALIFORNIA, ENDORSING THE.SANTA ANA RIVER/SANTIAGO CREEK GREEN- BELT IMPLEMENTATION PLAN AS A USEFUL PLANNING GUIDE, was adopted by the.following roll call voter . AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None .ABSENT: Council Members: None Public Hearing The Deputy Clerk announced that this was the time Downey Savings and place set for the public hearing on the Final and Loan Environmental. Impact Report for the proposed Downey Savings and Loan Headquarters office building located Final EIR at the southeast corner of Bristol Street and Anton for Proposed Boulevard. The affidavit of publication is on file Office in the Clerk's office. The.Planning Commission Building recommended approval. Robert Kraft, General Partner of Langdon and Wilson, Architects, Post Office Box 2440, Newport Beach, was present and answered ques- tions from the Council. There being no other 1 1 1 speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the Final Environmental Impact Report was accepted as meeting the require- ments of the law. Also presented at this time was ZE-76-214 an application for Zone Exception ZE-76-214, Downey Savings and Loan, 3501 South Harbor Boulevard, Santa Ana, for Final Development Plan for a nine -story office building in the Town.Center District (TC Zone), with variance from required landscape setback at the location described above. The Planning Commission recommended approval subject to conditions. After discussion, Mr. Kraft agreed to all conditions. On motion by Vice Mayor Hammett, seconded by Council-' woman Hertzog, and carried, the application was approved, subject to conditions as recommended by the Planning Commission. Appeal Hearing The Deputy Clerk announced that this was the time -Morales and place set to consider the appeal of Attorney Sherwin C. Edelberg, on behalf of Vivian L. Morales, Held Over regarding denial of a masseuse permit. Attorney Edelberg, 12160 Victory Boulevard, North Hollywood, requested a continuance on the grounds that he had insufficient time to prepare his case. After brief discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the appeal hearing was. continued to,the meeting of February 7, 1977, at which time Attorney Edelb.erg was advised, there would be no further continuance granted. Trailer Permit The Deputy Clerk presented a request from John M. - Velardo Velardo, 3800 Channel Place, Newport Beach, to locate a temporary trailer at 2139 Placentia Ave- nue, Costa Mesa, for a period of one year. Mr. Velardo, representing Albert G. Pizzo, M.D., President of the Children's Neurological Foundation and Clinic at the above address, explained Dr. Pizzo's plans_to expand his practice, and agreed to all conditions. After discussion, on motion by Councilwoman Hertzog, seconded by Councilman McFar- land, and carried, the request was approved for one year subject to conditions as recommended by the Planning Commission. ZE-76-197 The Director of Planning presented an application and RA -31 for Zone Exception ZE-76-197, and Redevelopment Welton Action RA -31, Eric D. Welton, 2845 East Coast High- way, Corona del Mar, for a Conditional Use Permit to construct 25,200 square feet of commercial shops and a 5,000 square foot restaurant with a variance to reduce the required setback, landscaping, parking, and to exceed the Sign Code, in a CL -CP zone located at the southwest corner of West 17th Street and Newport Boulevard. A Negative Declaration of S. Environmental Impact has been filed. The Planning Commission and. Redevelopment Agency recommended approval subject to conditions. Mr. Welton was present, answered questions from the Council, and agreed to all conditions. A letter from Jay Kingry, Pacific Outdoor Advertising Company, Post Office Box 3159, Los Angeles, was present stating that the billboard on the property would be removed before January 27, 1977. During the discussion, concerns were expressed about the ingress and egress to the property. Mr. Welton indicated he is trying to improve this by applying to the State for permission to have access to Newport Boulevard. On motion by Vice Mayor Hammett, seconded by Councilwoman Small- wood, 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-76-205 The Director of Planning presented an application Martucci for Zone Exception ZE-76-205, Joseph Martucci and and Kane John E: Kane,.207 Calle del Juego, San Clemente, for a variance from the -parking code to allow a pizza and Italian food restaurant with emphasis on carry-out.trade, in a C1 -CP zone located at 3165.Harbor Boulevard, Suite F. An Exempt Declaration of Environmental Impact ha been filed. The Planning Commission recommended approval subject to conditions. Joe Martucci was present to answer questions from .the Council, and agreed to the conditions. Discussion followed regarding possible traffic and parking problems. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hammett, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-206 The Director of Planning presented an application Read and for Zone Exception ZE-76-.206; Read and Faubus Faubus Development Company, Incorporated, 1670 Santa Ana Development Avenue, Suite M, for a Conditional Use Permit to construct 16 apartment units (2,061 square feet per unit),.with a variance to encroach into the required front and rear yard setbacks, in an R3 -CP zone located at 3.72 West Bay Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval sub- ject to conditions. James W. Read was present and agreed to all conditions. After brief discussion, on motion by.Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation approved subject to conditions as recommended by the Planning Commission. ZE-76-207 The Director of Planning presented an application Liske and for Zone Exception ZE-76-207, Ernest Liske and Earl Olrich Olrich,.2881 Europa Drive, Costa Mesa, for a Condi- tional-Use.Permit to construct a three-bedroom Held Over apartment. unit in conjunction with an existing dwelling (3,300 square feet per unit), to meet CP standards, in an R2 zone located at 632 Plumer Street. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. The applicants were -present and requested that the application be continued to the February 22, 1977, meeting.to allow them time to.submit a revised plan before the Planning Commission, and thus obtain a favorable recommendation fromthem before coming before the Council. On motion by Vice Mayor Hammett; seconded by Councilman McFarland, and carried, this item was held over to the meeting of February 22, 1977. ZE=76-210 The. Director of Planning presented an application Owens for Zone Exception ZE-76-210, Robert E. Owens, 16005 Whitespring Drive, Whittier, for a Condi- Denied tional Use Permit to construct and operate a four - stall self-service car wash with a variance from - landscape requirements, in a C2 zone located at 131 East 17th Street. A Negative Declaration of 1 1 1 Environmental Impact has been filed. The Planning Commission.r.ecommended approval.subject to condi- tions. The applicant was present to answer questions from the Council. Discussion followed regarding the aesthetic qualities of such an operation, particularly at the proposed location. On motion.by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the application was denied. ZE-76-211 The Director of Planning presented an application Raehrs for Zone Exception ZE-76-211,'Donald Raehrs, 2348 Cynthia Court, Costa Mesa, for a variance to encroach into the required side and rear setback with a swimming pool, in an R1 -CP zone located at that address. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended denial. A letter has been received from South Coast Pools, 634 West Baker Street, Costa Mesa, in support of the request. The applicant was present to answer questions from the.Council. Lloyd Hawkins, 2346 Cynthia Court, Costa Mesa, spoke in favor of the proposed pool. After a.brief discussion, on motion by Council- woman Hertzog, seconded by Councilwoman Smallwood, and carried, the Exempt Declaration of Environ- mental.Impact was accepted as meeting.the requirements of the law, and the application approved subject to conditions as recommended by the Planning Department. ZE-76-212 The Director of Planning presented an application O'Conner for Zone Exception ZE-76-212, Johnny Lee O'Conner, 359 - 22nd Street, Costa Mesa, to combine two lots Referred to construct eight apartment units with a variance to Planning for 7.3 percent -density deviation (2,781 square Commission feet per unit), in an R2 zone located at 1961 Anaheim Avenue and 1962 Meyer Place. A Negative Declaration.of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. The applicant was present and agreed to'all conditions. On motion by Councilman McFarland, seconded by Vice Mayor Hammett, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law,.and the application approved, subject to conditions. This motion was later withdrawn when it was.subsequently discovered that the applicant Intended to revise the plans for the project. On further motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the application was referred back to the Planning Commission. ZE-76-213 The Director of Planning presented an application Romik for Zone Exception ZE-76-213, Romik Construction Construction Company,11232 Los Alamitos Boulevard, Los Alamitos, for a variance for 4.2 percent density deviation to construct seven apartment units (2,876 square feet per unit), in an R2 zone located at 2660 Elden Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to condi- tions. The applicant, Michael Stitzinger, was present and agreed to all conditions. Discussion followed.regarding parking facilities and land- scaped areas. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, 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. 0 a ZE-76-215 The Director of Planning presented an application Natland for Zone Exception ZE-76-215, Richard K. Natland, 519 North Broadway, Santa Ana; for a Conditional Use Permit to construct a 1,900 square foot office building, in a C1 -CP zone located at 3105 Harbor Boulevard. A Negative Declaration of Environ- mental Impact.has been filed. The Planning Commission recommended approval subject to condi- tions. Mr. Natland, the architect, was present to answer questions from the Council:`'; On motion - by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the Negative Declaration r-. of Environmental Impact was accepted as;�meeting the requirements of the law, and the application approved subject to conditions as recommek ed by the Planning Commission. .1 t�lli4v ZE-76-216 The Director of Planning presented an application Properties for Zone Exception ZE-76-216; Properties West, =f" West Incorporated, 508 - 29th Street, Newport Beach,. for a variance to exceed the maximum fence height with a wood fence/retaining block wall around a condominium project, in a PDR -MD zone located at 2159 Canyon Drive (Sandi Lane). An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to one condition. Dana Smith, representing Properties West, was present to answer questions from the Council, and agreed'to the condition. After discussion, on motion by Councilwoman Smallwood, 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 one condition as recommended by the'Planning Commission. ZE-76-219 The Director of Planning presented an application Balalis and for Zone Exception ZE-76-219, Balalis and Pigneri Pigneri Development Company, 2005 West Balboa Boulevard, Newport Beach, for a Conditional Use Permit to construct 21 condominiums with variances for a four percent density deviation (2,887 square feet per unit), and encroachment into the side setback, in a R2 -CP zone located at 2285-2289 Canyon Drive. Also to be heard with this item, Tentative Map of Tentative Tract 9691, Balalis and Pigneri Development, for Map of permission to combine four parcels to create a Tract 9691 one -lot subdivision for condominium purposes. Neg- ative Declarations of Environmental -Impact have been filed for both items. The Planning Commission recommended approval of both the Zone Exception with 20 units, and Tentative Tract Map, subject to conditions. Paul Balalis was present to answer questions from the Council. After discussion regarding various kinds of fencing., on motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, the Negative Declaration of Environ- mental Impact was accepted as meeting the require- ments of the law, and ZE-76-219 approved subject to conditions as recommended by the Planning Commission. Discussion of Condition No. 1 followed. On further motion by Vice Mayor Hammett; seconded by Council- woman Hertzog, and carried, Councilwoman Smallwood voting no'; Condition No. 1 was amended to read: "Installation of a six-foot high decorative block fence with wood fillers on the west and south property lines, leaving the fencing on the north side to .the builder's discretion, subject,to approval of the Planning Director." On addi- tional motion by'Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Negative 1 1 1 Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Tentative Map of Tract 9691 was approved subject to conditions as recommended by the Planning Commission. Oral William E. Coburn, 1180 Gleneagles Terrace, Costa Communications Mesa, addressed the Council with regard to restricting the height of single-family dwellings built-in the Marina Highlands. District. He specifically referred to a building permit which was recently renewed which would allow construc- tion of a dwelling'at a height not acceptable to the residents. After discussion, it was suggested that this matter should rightfully be resolved by a change in the Covenant_'s conditions and restric- tions for the Marina Highlands District. After further discussion, the matter was referred to the City Attorney for investigation and to advise Mr. Coburn what courses of action are available. Councilmanic Councilman McFarland asked about the status of the Comments current litigation involving billboards in the City. The City Attorney advised that the matter was pending the outcome of a similar case in San Diego which is being appealed with the District Court: A decision on this case is expected in February; 1977. Councilman McFarland asked to have the topic of "density deviations" on the Council Study Session agenda for January 31, 1977. Adjourment The Mayor adjourned the meeting at 11:00 p.m. fa -5 -of- of the y of osta Mesa ATTEST: pp City Clerk of the City of Cos Mesa