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HomeMy WebLinkAbout02/07/1977 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA -February 7, 1977 The City:Council of the City of Costa Mesa met in regular session at 6:30 p.m., February 7, 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 Pastor Donald E. Bibler, Harbor Assembly of God Church. Roll Call Council Members Present: Raciti, Hammett, .Hertzog, McFarland, Smallwood Council Members Absent: None 1 1 1 Officials Present: City Manager, City -Attorney, Director of Planning, Assistant City Engineer, City Clerk Minutes The Mayor declared the Minutes of the regular meet - January 17, 1977 ing of January 17, 1977, approved as distributed and posted as there were no corrections. Proclamation On motion by Councilwoman.Hertzog, seconded by Vice Burglary Mayor Hammett, and.carried, a proclamation declar- Prevention ing the month of March as Burglary Prevention Month Month, was approved. Ordinances On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, and carried, all ordinances will be read by title only. R=76 -61A On motion by Vice Mayor Hammett, seconded by Council- Jerwel man McFarland, Ordinance 77-3, being AN ORDINANCE OF Enterprises THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING.OF PORTIONS OF LOTS FIVE Ordinance 77-3 = AND SIX OF BLOCK "F" OF THE.BERRY TRACT, AND A Adopted PORTION OF LOT TWELVE OF BERRY.RANCHO, FROM MP TO _ C1 -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 ZE-76-207 The Clerk presented from the meeting of January 17, Liske/Olrich 1977, an application for Zone. Exception ZE-76-207, Ernest W. Liske and Earl S. Olrich; 2881 Europa Held Over Drive, Costa Mesa, for a Conditional Use Permit to, construct a three-bedroom apartment unit in con- junction with an existing dwelling (3,300 square feet per unit), to meet CP standards, in an R2 -CP zone located at 632 Plumer Street. An Exempt Declaration of Environmental Impact has been filed. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, this item was continued to the meeting of February 22, 1977. ZE-76-212 The Clerk presented from the meeting of January 17, O'Connor 1977, an application for Zone Exception ZE-76-212, John L. O'Connor, 359 - 22nd Street, Costa Mesa, for 1 1 1 permission to combine two lots to construct eight apartment units with a variance for 7.3 percent density deviation (2,781 square feet per unit), in an R2 zone located at 1961 Anaheim Avenue and 1962 Meyer Place. A Negative Declaration of Environ- mental Impact has been filed.. The applicant's representative was .present and agreed to the condi- tions'. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the.Negative Declaration o,f-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. Refund The Clerk presented from the meeting of January 17, Zemojtel_ .1977, a request for refund of $38.00 to Jerry Lee Zemojtel, 2326 Colgate Drive, Costa Mesa, repre- Denied. senting vehicle storage fees. The applicant's representative, Doreen Zemojtel, was present to address the Council in support of the request. ,The City Manager recommended, based on the results of his investigation, that the request should be denied. Mrs. Zemojtel was advised of her option to file a claim through the City Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the request for refund was denied. Boys' Club The Clerk presented a request from Willard Jordan, of the Boys' Club of the Harbor Area, Post Office Box 297, Harbor Area Costa Mesa, requesting assistance in locating a suitable site on the -west side of Costa Mesa for Held Over relocation of the Central Branch. It was reported that representatives of the Boys' Club were unable to be in attendance at this meeting. The Clerk has received a petition containing 478 signatures requesting the City of Costa Mesa to grant permis- sion to the Boys' Club to lease the empty lot located between the Mardan School and the Automo- bile Club on West 19th Street as a building site for a new Boys' Club. Mary Jane Daugherty, 619 Plumer Street, Costa Mesa, who was responsible for circulating the petition, spoke in support of the request. The City Manager indicated that in the staff's opinion the location cited in the petition is not.a suitable one for the Boys' Club, but there may be the possibility of utilizing one of the middle schools for this purpose. During the discussion which followed, Councilwoman Hertzog stated that -she would bring this matter up for discussion.at the next City -School Liaison Com- mittee meeting. Based on the need to have further input from the Boys' Club and the City -School Liaison Committee, Vice Mayor Hammett made a motion, seconded by Councilwoman Hert.zog, and carried, that this item be held over to the meeting of April 4, 1977. Report of The Clerk announced that this was the time to hear Water Study the report of the Water Study Committee.. Al Committee Painter, 1785 Oriole Drive, Costa Mesa, was present, representing the Committee, and presented their Hearing Set report along with the recommendation that the Costa Mesa County Water District be consolidated with the City of Costa Mesa. After a brief discussion, a motion was made by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, accepting the report of the Committee, setting a date for public discussion of the report on April 5, 1977, at 7:30 p.m., in the Council Chambers of City Hall, and further, setting the date of April 19, 1977, at 7:30 p.m., for a Study Session of the City Council with representatives of the Water District invited. The report will be available for public scrutiny, and the City Council would appreciate comments on this issue prior to these meetings. Appeal Hearing - The.Clerk announced that this was the time and Morales place set for the public hearing, continued from the meeting of January 17, 1977, to consider the Continued Until appeal of Attorney Sherwin.C..Edelberg, on behalf Later in the of Vivian L. Morales, regarding the denial of a Meeting Masseuse Permit. The City Attorney outlined the procedure to be followed in this hearing which will involve the introduction of evidence by the Deputy City Attorney, with the right to cross examination by Mr. Edelberg. After all the evidence is pre- sented, the Council will make a finding pursuant to Section 9-201 of the Costa Mesa Municipal Code, to uphold or overrule the Police Department's denial of the Masseuse Permit. Officer George Wilson was sworn in and gave testimony regarding the procedures used in reviewing applications for Masseuse Permits. The DeputyCity Attorney proceeded to present docu- ments identified as Exhibits 1 through 6, and requested Officer Wilson to describe said exhibits. Exhibit 1 was identified -as a seven -page document containing a Costa Mesa Police Department applicant information sheet, along with the applicant form for a massage parlor operator and related documents. The Deputy City Attorney asked that certified copies of Exhibit 1 be entered into evidence. Attorney. Edelberg objected to this on the grounds of insufficient foundation of.the testimony of Officer Wilson. The City Attorney stated his opinion that sufficient foundation had been presented. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Exhibit 1 was accepted into evidence. Exhibit 2 was identified as photographs of Ms. Morales along with five letters of reference. The Deputy City Attorney requested that Exhibit 2 be entered into evidence for the record. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Exhibit 2.was accepted into evidence. Exhibit 3 was.identified as a certificate from the California School of Massage and a copy of a business card for Bay Area Massage. The Deputy City Attorney requested that -Exhibit 3 be entered into evidence for the record. After an objection by Attorney Edelberg to the admission of the business -card, a motion,was made by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, to accept Exhibit 3 into evidence. Exhibit 4 was identified as a teletyped request to, and a response from, Sacramento regarding the arrest record of Ms. Morales.. The Deputy City Attorney requested that Exhibit 4 be accepted into evidence. This was objected to by Attorney Edelberg on the grounds of insufficient foundation for the substance of the teletyped request. After further discussion on this point, this hearing was recessed until later in the meeting. CONSENT -CALENDAR. The following items were removed from the Consent Calendar: Item 4, a fund solicita- tion from Agape Force; and Item 16, a budget adjustment in the amount of $16,000.00. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, the remaining Consent Calendar items were approved in one motion by the following roll call vote: 1 1 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: Attorney Dale Elsberry on behalf of Darlene Theresa Gra't and Orlando S. Mata; Attorney Phillip D. Eaton on behalf of Robert Allen; Debra L. Mathis; and Catherine E. Krost. Property Tax Letter from the Mayor of the City of Westmin- Relief stet, and a newspaper clipping, outlining steps that their city has taken to relieve the burden of taxes imposed on property owners, and urging all taxing agencies to take similar steps. A copy of a letter to Governor Edmund Brown from Costa Mesa citizen Darrell Neft, propos- ing a new method of assessing taxes. Public Application No. 57032 from Southern California Utilities Gas Company for authority to: (a) engage in Commission a solar demonstration project; and (b) to include in its rates the amounts necessary to fund a solar energy program. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: Vaughn's Liquor Mart, Incorporated, doing business at 1125-5 West Victoria Street; Bahjat and Helen Sweidan, doing business as Redistribution A resolution from the City of Yorba Linda of Sales Tax Revenues supporting the redistribution of sales tax revenues on the basis of population. Resolu- tions in opposition have been received from the cities of Compton and Palm Desert at the meeting of January 17, 1977. Los Alamitos Resolutions from the cities of Garden Grove, Naval Air Cypress, and Buena Park, urging Congress to Station investigate the impact of the proposed plan to transfer administration of the Los Alamitos Naval Air Station from the Navy to the Cali- fornia National Guard. Similar resolutions have been received from the cities of Seal Beach and Los Alamitos at the meeting of January 17, 1977. Department of A resolution from the City of Placentia pro - Motor Vehicles testing the practice of the Department of Motor Vehicles of selling names and addresses of citizens upon request to any individual or company so.requesting, and urging repeal of this law. Similar resolutions have been received from the cities of Ontario and Carson at the meeting.of December 20, 1977. Adoption of a similar resolution was denied by Council on December 20, 1976. Vector Minutes of the 359th meeting of the Orange Control County Vector Control District, held on District December 16, 1976. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: Vaughn's Liquor Mart, Incorporated, doing business at 1125-5 West Victoria Street; Bahjat and Helen Sweidan, doing business as s Bud's International Cuisine, 597 West 19th Street; Delphine and William Stringer, doing business as Sir Robin, 177 East 17th Street; James Jeffers, doing business as Diamond Jim's, 1170 Baker Street, Suites E and F; Carl and Mary Holm, doing -business as Anchor Room, 1562 Newport Boulevard, Suites C and D; James and Sharon Bollinger, doing business as Red's Saloon, 2014 Placentia Avenue. Alcoholic Beverage License application pro- tested by the Planning Department: Mary Ann and Anthony Russo, doing business as Russo's Italian Deli, 369 East 17th Street, until End - such time as the applicants comply with the Reading Folder applicable Land Use Regulations. Business A request from District 2, Veterans of Foreign Wars Permits (V.F.W.), Costa Mesa Veterans Memorial.Hall, 565 West'18th Street, Costa Mesa, for a one-night V.F.W. dance, January 15, 1977, was ratified. Cooperative A Notice of Intention to Solicit for Charitable for American Purpose from the Cooperative for American Relief Relief Everywhere, Incorporated, 660 First Avenue, New, Everywhere York, by mail, public service television and radio spots, and newspaper advertisements, January 1 through December 31, 1977, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Derelict A request from Lowell Peterson, doing business as Productions Derelict Productions, 54 Bonita Street, Arcadia, to - Peterson hold a three-day trade exhibition -at the Orange County Fairgrounds, May'13 through 15, 1977, was approved subject to conditions of the Revenue Division. Set for Public The following items were set for public hearing on Hearing February 22, 1977, at 6:30 p.m., in the Council Chambers of City Hall: R-76-44 Rezone Petition R-76-44, Costa Mesa Planning Commission, for permission to rezone property located at 859 to 877 West 19th Street, from Cl to. R2 -CP and R3 -CP. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for the Westside Community Plan, accepted by Council on June 21, 1976. R-77-04 Rezone Petition R-77-04, Michael Ray, 188 Ray East 17th Street, Costa Mesa, for permis- sion to rezone property located at 867 and 877 West 19th Street, from Cl to R4 -CP, in conformance with the General Plan. 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. Ambulance Certificate of Public Convenience of Service. Necessity for Magic Carpet Ambulette Service. Refunds On recommendation by the Street Superintendent, refund of a $100.00 pool construction bond to Wayne Aikens Aikens, 2750 Starbird Drive, Costa Mesa, on Permit No. 01562, as construction has been completed at that address, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McParland, Smallwood NOES: Council Members:' None ABSENT: Council Members: None Instant Lock On recommendation by the Finance Director, a refund and Safe - of $25.00 to Ernest.L. Simpson:, Instant Lock and Simpson Safe, 2151 Canyon Drive, Apartment C, Costa Mesa, on Business License No. 10781, as business partner- ship has been dissolved, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Schlepphorst On recommendation by the Finance Director, a refund of $140.00 to Peter Schlepphorst, 2073 Harbor Boule- vard, Costa Mesa; on Business License No. 4048, due to sale of business, was approved by the following roll call vote: AYES:Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members:- None ABSENT: Council Members: None Sanchez and On recommendation by the Finance -Director, a refund Hernandez of $27.50 to Sanchez and Hernandez Cement Contractors, Cement 1237 East Thackery Avenue, West Covina,.on Business Contractors License No. 8572, as duplicate license was purchased, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: -Council Members: None GP -76-2B On motion by Vice Mayor Hammett, seconded by Council - Pope woman Smallwood, General Plan Amendment GP -76-2B, Edker Pope,.27 Pinehurst Lane, Newport Beach, was Withdrawn withdrawn, and refund of a $650.00 fee was approved as recommended by the Planning Director, by the following roll call vote: AYES: Council Members: .Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Solid Waste On motion by Vice Mayor Hammett, seconded by Council - Management woman Smallwood, Resolution 77-14, being A RESOLUTION Plan OF ,THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA,• APPROVING THE ADDENDUM TO THE SOLID WASTE Resolution -77-14 MANAGEMENT PLAN OF THE COUNTY OF ORANGE, was adopted Addendum Approved 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 the'City of Newport Beach for Signal signal modernization at East 17th Street and Irvine Modernization Avenue, was presented. This agreement provides for at East 17th the City to prepare the plans and Newport Beach to Street. -and,. perform the bid and construction engineering. The Irvine Avenue City's share of costs will be approximately $20,000.00. Agreement - An agreement with Orange.Coast Unitarian Universalist Acquisition of Church, for acquisition of 923.27 square feet of land Property for on.the south side of Victoria Street east of the - Victoria Street. Santa Ana River;. parcels 4 and.5, Arterial Highway Widening Financing.Project 870, was presented. The agreement AHFP 870 stipulates payment of $2,335.00 for the property and for escrow to terminate as soon as possible. On motion by'Vice Mayor Hammett, seconded by Council- woman Smallwood, the agreement was approved, and the On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members:. Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None S-12-68 The certified recommendations of the Public Services Parliament Department for S-12-68, located at 2570 Newport Properties Boulevard, and 2569-2571 Elden Avenue, have been completed by Morris A. Wallock of Parliament Proper- ties, Incorporated, 471 East Tahquitz-McCallum Way, Palm Springs, to the satisfaction of the Director of Public Services. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood., the Performance Bond was ordered exonerated, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Sidewalk Sidewalk deposits were received from developers to Deposits guarantee the improvements on Placentia Avenue from AHFP 711 - 19th Street to Victoria Street. The Director of Placentia Public Services recommends that the excess amounts Avenue collected over the actual.construction costs of these improvements on Gas Tax Project No. 95, Arterial Highway Financing Project 711, be refunded as follows: $89.61 to -Bill R. Berry, 2035 Placentia Avenue, Costa Mesa; and $126.76 to .john A. Lindley, 2051 Placentia Avenue, Costa Mesa. On motion by Vice Mayor Hammett, seconded by Councilwoman Small wood. -the refunds .were approved as recommended, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Sale of Surplus Bids received for .the surplus City property at 144 Property at 144 East 20th Street, are on file in the Clerk's office. East 20th Street An offer to purchase, in the amount of $56,000.00, was received from Rolf and Elizabeth Hoevel, as the qualified high bidders. On.motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, the offer was approved, and the Mayor and Clerk author- ized to sign the agreement permitting escrow to open, and the Mayor and Clerk were further authorized to sign the Grant Deed on behalf of the City, by the followingroll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement with Orange.Coast Unitarian Universalist Acquisition of Church, for acquisition of 923.27 square feet of land Property for on.the south side of Victoria Street east of the - Victoria Street. Santa Ana River;. parcels 4 and.5, Arterial Highway Widening Financing.Project 870, was presented. The agreement AHFP 870 stipulates payment of $2,335.00 for the property and for escrow to terminate as soon as possible. On motion by'Vice Mayor Hammett, seconded by Council- woman Smallwood, the agreement was approved, and the Mayor and Clerk authorized to sign on'behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Request for On motion by Vice Mayor Hammett, seconded by.Council- Estimate of woman Smallwood, Resolution 777-15, being A RESOLUTION Assessed OF THE.CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Valuation FORNIA., REQUESTING AN ESTIMATE OF ASSESSED VALUATION of Property OF PROPERTY FOR THE 1977-78 FISCAL YEAR FROM THE ORANGE COUNTY ASSESSOR, AND SETTING FORTH THE REASONS Resolution 77-15 THEREFOR, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None League of On motion'by Vice.Mayor Hammett, seconded by Council - California woman Smallwood, payment of the annual service charge Cities Service to the League of California Cities, was approved in Charge the amount of $3,750.00, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Notice -of The contruction of medians and a welcome sign on Completion Adams Avenue has been completed by Bayside Builders, Medians and 13217 -Harbor Boulevard, Garden Grove, to the satis- Welcome Sign faction.of the Director of Leisure Services. On on Adams motion by Vice Mayor Hammett, seconded by Council - Avenue woman Smallwood, the work was accepted, the Clerk was authorized to file a Notice of Completion, and the bonds were -ordered exonerated 35 days after the Notice of Completion has been filed, by the follow- ing roll call vote: AYES: Council Members.: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES:, Council Members: None ABSENT: Council Members: None Repair of Bids received for the Repair of"Pool.Surface'at the Pool Surface Downtown Community Center are on file in the Clerk's at Downtown office. On motion by Vice Mayor Hammett, seconded Community by Councilwoman Smallwood, the contract was awarded Center. to D.H.R. Construction Company, 4761 Lincoln Avenue,. Cypress, in_the amount of $7,959.00, being the lowest Awarded bid meeting specifications, by the following roll D.H.R. call vote: Construction AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Uniform Contract On motion by Vice Mayor Hammett, seconded by Council- - Sole Source woman Smallwood, the uniform contract for the period Item- February l to December 31, 1977, was awarded to Harris and Frank, Incorporated, Los Angeles, as a Awarded sole source item, in the amount of $15,000.00, by the Harris and Frank following roll call vote: N T AYES:. Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Brentwood and Bids received for the Development of Brentwood and Wilson Street Wilson Street Parks are on file in the Clerk's office. Parks Project On motion by Vice Mayor.Hammett, seconded by Council- woman Smallwood, and carried, all bids were rejected Bids Rejected as they exceeded project estimates, and this item will be rebid at a later date. Bid Item 342 In accordance with Council direction of January 17, Exhibit 2 1977, the City Manager has negotiated a purchase for One Police Bid Item 342, Exhibit.2, One Police Vehicle. On Vehicle motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, the bid was awarded to Connell Awarded Chevrolet,, 2828 -Harbor Boulevard, Costa Mesa, in the Connell amount of $5,413.26, by the following roll call Chevrolet vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Conference Conference Advances were.requested for the following Advances City officials to attend the Congressional City Conference in Washington, D.C., March 5-8, 1977: Councilwoman Norma Hertzog, $200.00; Councilwoman Mary Smallwood, $200.00; and Vice Mayor Jack Hammett, $200.00. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, the Conference Advances were approved.by.the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Business Permit Item 4 on the Consent Calendar, a Notice of Intention Agape Force _ to Solicit for Charitable Purpose from Agape Force, 2828 West Lincoln Avenue, No. 340, Anaheim, by door- to-door solicitation, February 8 through August 8, 1977, was presented. Tim Klubnikin, representing the applicant,'was present to answer questions from the Council. During the discussion, the Council expressed concern with regard to the duration of solicitation permits.. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood;and carried, the permit was approved for 30 days, with application of Section 9-234J of the.Costa Mesa Municipal Code. Budget Adjustment Item 16.on the Consent Calendar,.a Budget Adjustment, Removed from was removed from the Agenda. the Agenda Warrant On motion -by Vice Mayor Hammett, seconded by Council - Resolution 971 man McFarland, Warrant.Resolution 971, including Payroll 7702, 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 Smallwood, seconded by Resolution 972 Councilwoman Hertzog, WarrantResolution972 was approved by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Councilwoman Hertzog, seconded by Vice Resolution 973 Mayor Hammett, Warrant Resolution 973 was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Nejedly-Hart On motion by Councilman McFarland, seconded by Bond Act of Councilwoman Hertzog, Resolution 77-16, being A 1976 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ENDORSING THE PRIORITY PLAN FOR Resolution 77-16 EXPENDITURES FROM THE NEJEDLY-HART STATE,.URBAN, AND COASTAL PARK BOND ACT OF 1976 FOR JURISDICTIONS WITHIN THE COUNTY OF ORANGE, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Sale of Property The City Manager requested authorization to pay a at Harbor Boule- commission up to $25,000.00 upon close of escrow vard and the San on the sale of the 6.21 -acre site located at Harbor Diego Freeway Boulevard and the San Diego Freeway. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, payment of the commission was approved as requested, 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 presented a request from the Retire - Retirement Plan ment Committee for -an amendment to the Retirement Plan to allow employees who have broken service, to buy back their past service. The total amortized cost to the City would be $163,000.00 assuming that all 23 eligible employees who have broken service did buy back. Larry Ber.sch, Chairman of the Retire- ment Committee, was present to answer questions from the Council. After discussion, on motion by Council- woman Smallwood, seconded by. Vice Mayor Hammett, and carried, the request was approved with the stipula- tion that this opportunity to buy back service is limited to a period of 90 days. Work Area On motion by Councilwoman Smallwood, seconded by Vice Traffic Control Mayor Hammett, Ordinance 77-4, being AN ORDINANCE OF Handbook THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- (WATCH) FORNIA, AMENDING SECTION 15-45'OF THE COSTA MESA MUNICIPAL CODE ADOPTING STANDARD SPECIFICATIONS FOR Ordinance 77-4 WARNING DEVICES, was given first reading and passed First Reading to second reading, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Recess The Mayor declared a recess -at 8:05 p.m., and the meeting reconvened at 8:10 p.m. Public Hearing The Clerk.announced that this was the time and place Abandonment of set for the public.hearing-to consider a proposed a Portion of abandonment of.a portion of Paularino Avenue, in Paularino Tract 5340, adjacent to the Corona del Mar Freeway. Avenue An Exempt Declaration of Environmental Impact has been filed. The affidavits of publishing and post- ing are on file in the Clerk's office. The Planning Commission recommended approval. There being -no speakers, -the Mayor closed the public hearing. On motion by.Vice-Mayor Hammett, seconded by Councilman McFarland, the EXempt'Declaration of Environmental Impact was accepted as meeting the requirements of Resolution 77-17 the law, and Resolution 77-17, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF COSTA MESA, CALI- FORNIA, ORDERING THE VACATION OF A PORTION OF PAULARINO AVENUE IN TRACT 5340,.IN THE GENERAL AREA OF BEAR STREET AND THE -CORONA DEL MAR FREEWAY, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Proposed set for the public hearing to consider a proposed Ordinance ordinance amending, Title 13 of the Costa Mesa Muni - Amending cipal Code; by adding a new Chapter XI, relating to Title 13' methods and procedures of processing Land Use matters, and.delegating.authority-to accomplish Held Over same. The affidavit of publication is.on file in the Clerk's.office. The Planning Commission recommended approval. No communications have been received. For purposes '-of clarification, this ordinance, if adopted, would delegate final action authority to the Planning Commission in the.processing of certain Land Use matters., 'Considerable discussion followed as to the right of appeal -or review by the City Council. On motion by.Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, the public hearing was held open'to the meeting.of February 22, 1977, to permit further study of the ordinance by the Planning Director and City Attorney. Public Hearing The Clerk announced that this was the time and place R-77-01 set for the public hearing for Rezone Petition Reiter R-77-01, August H. Reiter, 2039 Vista Cajon, Newport Beach, for permission to rezone property located at the southwest corner of Placentia Avenue and 17.th Street, from C2.to CL, in conformance with the General.Plan. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recom- mended approval. There being no speakers, the Mayor closed the public hearing. On motion by Council- woman Smallwood;, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 77-5 Ordinance 77-5,.being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE.CITY OF.COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 809, NEWPORT MESA TRACT, 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 1 Public Hearing- The Clerk announced that this was the time and place R-77-02 set for the public hearing to consider Rezone Peti- tion R-77-02, Costa Mesa-:P-lanning 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 Environ- mental Impact has-been filed. The affidavit of publication is on.file in the Clerk's office. No communications have been received. The Planning Commission recommended approval. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 77-6 requirements of the law, and Ordinance 77-6, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 122 AND 132, NEWPORT HEIGHTS TRACT, FROM Cl TO R2-CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-77-03 set for the public hearing to consider Rezone Peti- tion 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.M1 to MG. A_Negative Declaration of Environmental Impact has been filed. The affi- davit of publication is on file in the Clerk's office. No communications have been-received. The.Planning Commissionrecommended.approval. There being no speakers, the.Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Council- woman Smallwood,. the Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 77-7 requirements of the law, and Ordinance 77-7, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA; CHANGING THE ZONING OF LOTS 1009, 1010, 1109, AND 1110, NEWPORT MESA TRACT, FROM M1 TO MG, was given first reading and-passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Claim - Herrera The City Attorney presented the claim of Arnulfo Two Guys From Herrera, Two Guys From Italy, and recommended that Italy it be denied as there was no liability on the part of the City. On motion by.Councilman McFarland, Denied seconded by Councilwoman Hertzog, and carried, the claim was denied. Claim -.San The City Attorney presented the claim of the San Carlos Apartments Carlos Apartments, and recommended that it be denied as there was. no liability on the part of the City. Denied On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the claim was denied. Downey Savings The Clerk presented a request for review of the ...and Loan..Signing Planning.Commission decision concerning the Downey Program - Request Savings and.Loan signing program. Councilman for Review McFarland discussed his reasons for requesting a F review.of this signing program'. In his opinion, the fact that:approval_of this program constitutes a variance from the City's Sign Ordinance is sufficient reason.for the Council to, review it, particularly in view of the additional fact that the Planning Commission'•s vote was three to two. Additional reasons stated were: (1) that the Planning staff had recommended denial of the top story wall sign,.and_(2).that the Segerstrom Company had requested a complete signing study of the Town Center'Area.' Considerable discussion followed after which a motion.made by Councilman McFarland setting a date'to rehear this matter, died for lack of'a second. A subsequent motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, to support the findings of the Planning Commission in their approval of the Downey Savings and Loan signing program, was carried, with Councilman McFarland voting no. Encroachment The Clerk presented Encroachment Permit No. 90, Permit.No. 90 Balalis and Pigneri Development Company, 2005 West Balalis--and Balboa Boulevard, Newport Beach, for permission to Pigneri use 30 feet of Banning Place as landscaping adjacent to a proposed:21-unit condominium project (ZE-76-119), in an.R2-CP zone located adjacent to 2289 Canyon Drive.. An Exempt Declaration of Environmental Impact has been filed._ The Planning Commission recommended approval subject to condi- tions. No communications have been received. Paul Balalis was present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Vice -Mayor Hammett, 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-76-194 The Planning Director presented an application for Spoiler Yachts Zone Exception ZE-76-194, Spoiler Yachts, Incorpor- ated, 881 Dover Drive,. Suite 33; Newport Beach, for Denied permission to use property at 1550 and 1604 Newport Boulevard, for off -premise outdoor storage and display of boats in conjunction with'an existing office facility with a variance from the required landscape requirements, in a C2 zone. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval sub- ject to conditions. Communications in opposition to the request have been received from the follow- ing citizens:- Chiyeko Hedani, 1523 Orange Avenue, Costa Mesa;.Keith Lumpkin, 2525 DuPont Drive, Irvine; Doctor George J. Camaras, 1542 Newport Boulevard, Costa Mesa; Bonnie Arnold, Armours Poodle Palace, 1540 Newport Boulevard;'Costa Mesa; James Brown, Brown Engineering, 1530 Newport Boulevard, Costa Mesa; Walter Kiener, 513 Poinsettia Avenue, Corona del Mar; Robert Daniel, 449 Broadway, Costa Mesa; and a petition containing four signatures. A letter has been received from. Attorney Robert L. Humphreys, representing the applicant, asking for a continuance of:this item to the meeting of February 22, 1977. A motion by Vice Mayor- Hammett, seconded by Council- woman Hertzog, to approve the continuance was followed by -Council discussion during which much concern was expressed for the apparent lack of coop- eration by the applicant with previous directives from the Council. Subsequently, the motion failed to carry, Mayor Raciti and Council Members Hertzog, Smallwood, and McFarland voting no. The Council i 1 then proceeded to consider the application before them. Willard Courtney, .611 St. .lames Place, Newport Beach,. and Walter Kiener.addressed the Council in opposition.to.the request describing several continu- ing problems resulting fromthe operation of this business. Afterlengthy discussion, on motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, Vice Mayor. Hammett abstain- ing, the permit was -denied. On -further motion by Councilwoman Hertzog, secondedbyCouncilwoman Smallwood, and.carried, Vice Mayor Hammett abstain- ing, the applicant was directed to vacate the subject property within 30 days. ZE-76-217 The Director of Planning presented an application Gaynor for Zone Exception-ZE-76-217, Jeffrey K. Gaynor, 919 Bayside Drive, K-3, Newport Beach, for a Conditional Use Permit to construct a seven -unit apartment complex, with a variance for .5 percent density deviation (1,991 square feet per unit), in an R3 -CP zone located at 2085 Thurin Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission x ecommended approval.subject to conditions. No communications have been received. The applicant.was present and agreed to the condi- .tions. On.mot-ion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, 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-76-218 The Director of Planning -presented an application Amash for Zone Exception ZE=76-218, Charles E. Amash, 2956 Bristol Street, Costa Mesa, for a variance to allow use of used brick in lieu of P.C.C. curbing, in a C1 -CP zone.located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning'Commission recommended approval. No communications:have been received. The applicant was present to answer questions from the Council. On motion by Vice Mayor Hammett, seconded by Council- man McFarland, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirement's of the law, and the application approved as recommended by the Planning Commission. ZE-77-01 The Director of Planning presented an application Tuttle for Zone Exception ZE-77-01, Frank R. Tuttle, 213 Seventh Street, Seal Beach, for a variance for Denied reduction in required vehicular maneuvering distance in the development of a 12 -unit apartment project, in an R4 zone located at 521 West Wilson Street. A Negative Declaration of Environmental Impact has been. filed.. The Planning Commission recommended denial. No.communications have been received. The applicant was not present.. On motion by Councilwoman Small- wood, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett abstaining, the application was denied. ZE-77-02 The Director of Planning presented an application Eastwood for Zone Exception ZE-77-02, Richard Eastwood, 651 West 17th Street, Costa Mesa, for a Conditional Use Permit for automobile restoration and sales, in an MG 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 Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the.Exempt 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=77-03 The Director of Planning presented an application Southern for Zone Exception ZE-77-03, Southern California California District Council -of Assemblies of. God, Post Office District Box 4398, Pasadena,-for'`a variance for 3.4 percent Council of density deviation to construct a.duplex in.conjunc- Assemblies tion with four existing units (2,897.5 square feet of God per unit), in an R2 zone _located.at 2417 Elden Avenue. An Exempt Declaration of Environmental Denied Impact has been filed. The Planning Commission recommended denial. No communications have been received. The applicant was not present. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, the permit was denied. ZE-77-04 The Director of Planning presented an application Kraemer. "for Zone Exception ZE-77-04, Gilbert U. Kraemer, Jr., 842 Alta Vista Drive, Placentia, for a Condi- tional Use Permit to construct six apartment units with a variance to allow an eight percent density deviation (1,847 square feet per unit), in an R3 -CP zone.located at 353 Hamilton Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Jack Mellit, 1508 Old River Road, Fullerton,. was present representing the applicant, and agreed to the conditions. 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 conditions as recommended by the Planning Commission. ZE-77-05 The Director of Planning presented an application Fischer for Zone Exception ZE-77-05, Steven Fischer, Whitney Antiques, 2380 Newport Boulevard, Costa Mesa, for a Conditional Use Permit to operate a retail/wholesale antique business with onsite warehousing and furniture refinishing and repair, in a C1 zone located at 867 West 19th 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. On motion by Councilman -McFarland, 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-77-06. The Director of Planning presented -an application Parrish for Zone Exception ZE-77-06, Chris A. Parrish, 1543 Orange Avenue, Costa Mesa, for a Conditional Use Permit to repair Volkswagen automobiles, in an MG zone located at 711 West 17th Street, B-9. 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 Councilwoman Hertzog, seconded by Councilman McFarland, 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. 117 ZE-77707 The Director. of _Planning presented an application Public Storage for Zone Exception ZE-77-07, Public Storage Partners Partners, Limited, 94 South Los Robles, No. 200, Pasadena, for a variance to allow a ground sign and to exceed maximum number.of information items, in an SIG zone located at 2065 Placentia.Avenue. An Exempt Declaration of Environmental Impact.has been.filed. The Planning Commission recommended approval subject to one condition.. No communica- tions have -been received. Dwight Harper was present representing the applicant, and agreed to the conditions. After discussion, 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 one condition as recommended by the Planning Commission. ZE-77-09 The Director of Planning presented an application Robinson for Zone Exception ZE-77-09, Ken G. Robinson, 233 Via Lido Soud, Newport Beach, for a Conditional Denied Use Permit to construct seven apartment units in conjunction with two existing units, to meet CP standards, and a variance for a five percent density deviation (1,905 square feet per unit), in an R3 -CP -zone located at 1916 Wallace Avenue. A Negative Declaration of Environmental Impact has been filed.. The Planning Commission recommended denial. No communications have been received. The Planning -Director recommended denial of the application without prejudice as the applicant has filed a new Zone Exception request based on a different plan which will come before the Council in the future. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the application was denied without prejudice. ZE-77-11 The Director of Planning presented an application Hood -and for Zone Exception ZE-77-11, Hood and Associates, Associates Post Office Box 376, Tustin, for a variance for a reduction in required lot width and area to create three parcels, in an R1 zone located at 1903 Santa Ana Avenue. A Negative Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval subject to condi- tions. No -communications have been received. The applicant was not present. On motion by 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. ZE-77-12 and The Director of Planning presented an application RA -77-01 for Zone Exception ZE-77-12 and Redevelopment Eberle Action RA -77-01, Jake W. Eberle, 207.Hanover Drive, Costa Mesa, for a Conditional Use Permit to construct 'three apartment units with a variance to encroach into the rear yard setback, in an R2 -CP (pending) zone, located at 166 East 18th Street. An Exempt Declaration of Environmental Impact has been filed. -The Planning.Commission and Redevelop- ment Agency 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 Vice Mayor Hammett, and carried, the Exempt Declaration of Environmental Impact was ZE-77-15 The Director of Planning -presented an application Kempler for Zone Exception ZE-77-15; Irwin and Virginia Kempler, 311 Poinsettia, Corona del Mar, for per- mission to construct a commercial (7-11 store) with a variance from the parking, setback, and land- scaping requirements, and an encroachment of parking into the ultimate right-of-way, in a C1 zone located at 200 East 17th Street. A.Negative Declaration of accepted as meeting .the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission and Redevelopment Agency. ZE-77-13 The Diredtor of .Planning presented an application Miller for Zone Exception ZE-77-13,.William T. Miller, 16.33'Cornwall Lane, Newport Beach, for a Condi- tional Use Permit- to construct a 12,136 square foot storage building and.manager's apartment with a variance from parking and setback require- ments, in a C2,zone.,located at 2020 and 2024 Charle Street. A Negative Declaration of Environ- mental Impact has been filed. The Planning Commission recommended denial. No communications have been received- The applicant was present to answer questions from the Council.. The Planning staff has recommended approval of the application subject to the proposed site plan being reversed with parking on the north side of the building and the'building being maintained at the required 15 -foot setback from the north side of the property. The applicant was in agreement with this recommendation as well as the staff's conditions that would be imposed on the project. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved on the reversed site plan as described above, and subject to all conditions recommended by the Planning Department. ZE-77-14 The Director of Planning presented an applicator A/C Body Shop for Zone Exception ZE-77-14, A/C Body -Shop -and and Car Care Car Care Center-, 1711 Anaheim Avenue, Costa Mesa, Center for a Conditional Use'Permit to operate an auto customizing, detailing, restoration, and body Held Over shop,,in a C2 and MG 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, Jim McCrory, was present and voiced objections to Conditions 6, 7, 8, 9, 10, 11, 129 13, 14, and 15 on the grounds that this property will probably be subject to redevelopment in the near future as it is -in the Redevelopment Area, and therefore it was felt that the cost of completing these condi- tions would not be justified or economically feasible. Rollo McClellan, 2424 Windward Lane, Newport Beach, owner of the subject property, was present; and voiced _objections to the conditions on the same grounds. After lengthy discussion, a motion by Councilwoman Smallwood, to deny the permit, died -for lack' of a second. A further motion was made by`Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried,.to continue this item to the meeting of February 22, 1977, in order that a compromise may:.be negotiated between the applicant and Planning Director concerning the conditions. ZE-77-15 The Director of Planning -presented an application Kempler for Zone Exception ZE-77-15; Irwin and Virginia Kempler, 311 Poinsettia, Corona del Mar, for per- mission to construct a commercial (7-11 store) with a variance from the parking, setback, and land- scaping requirements, and an encroachment of parking into the ultimate right-of-way, in a C1 zone located at 200 East 17th Street. A.Negative Declaration of i S w, Environmental.Impact has been filed. The Planning Commission recommended approval subject to condi- tions. No communications have been received. The applicant was present and agreed to the conditions with the exception of Condition No. 5 which con- cerns an agreement for mutual driveway access with the property owner to the north. It was noted for the record that the property owner to the north has consented to such an agreement in return for the sum of $150.00 per month. The Planning Director indicated that this project could.oper- ate acceptably ,without benefit of the mutual driveway access with the.property owner to the north, and as such recommended the deletion of Condition No. 5. After discussion, on,motion by -Vice Mayor Hammett; seconded by Councilwoman Smallwood., and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application -,approved subject to conditions as recommended by the Planning Commission with the exception of Condition No. 5 which was deleted. Recess The Mayor declared a recess at 10:50 p.m., and the meeting reconvened at 10:55 p.m. Appeal Hearing At this time the appeal hearing concerning the Morales - denial of a Masseuse Permit for Vivian L. Morales, Continued was continued. The Deputy City Attorney introduced a new Exhibit 4 at this time and the previous Exhibit 4 was reintroduced and renumbered Exhibit 5. Exhibit 6 was also presented. These exhibits are identified respectively as a letter from the Deputy City Attorney to Attorney Edelberg concerning the hearsay evidence to be introduced at this hearing; the Arrest Report of Vivian Morales on the charge of solicitation; and the Hearing Examiner Report of the Los Angeles Police Commission. The Deputy City Attorney asked to have these documents entered into evidence. There followed an objection from Attorney Edelberg as to their admissibility and/or.relevancy. The Deputy City Attorney argued that hearsay evidence was admissable in an administrative hearing such as this and further that the opposing counsel had been informed that hearsay evidence would be relied upon in this matter, and that if he had wished to cross examine the declarant, he should have then notified him. Further arguments followed by opposing counsel after which the City Attorney advised the Council to consider the acceptance of these exhibits. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Councilwoman Smallwood voting no, the Exhibits 4, 5, and 6 were accepted into evidence. A Council discussion followed regarding the evidence submitted -after which a motion was made by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Mayor Raciti voting no, to approve the Masseuse Permit. Councilmanic Councilwoman Smallwood requested an Executive Comments Session following this meeting to discuss committee appointments. Mayor Raciti requested permission to be absent from the Country.- On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the request was approved. Mayor Raciti requested the appointment of Council- woman Smallwood to serve in a liaison capacity between the City and the Legislature. This appoint- ment was carried unanimously. 120' Mayor Raciti:requested the appointment of Councilman McFarland as the delegate to SLAG, Southern Cali- fornia Association of Governments. This appointment was also carried unanimously. Adjournment The Mayor declared the meeting adjourned at 12:05 a.m. to an Executive Session. During the Executive Session, the'Mayor was authorized to send a letter to the Beautification Committee. The .Mayor adjourned the meeting at 12:30 a.m. 741y -or of the- of'C6sta Mesa ATTEST: Cifty Clerk of the City of Cost esa I