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HomeMy WebLinkAbout02/22/1977 - City Council122 REGULAR MEETING OF. THE CITY COUNCIL CITY OF COSTA MESA February 22, 1977 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., February 22, 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 the Reverend Donald Thurman, Costa Mesa Nazarene Church. Roll Call Council Members Present.: Raciti, Hammett, Hertzog, McFarland, Smallwood Council Members Absent: None Proclamation On motion by Vice Mayor Hammett, seconded by Council - American man McFarland, and carried, a proclamation declaring National Red the month of March as American National Red Cross Cross Month Month, was approved. Ordinances Officials Present: City Manager, City Attorney, Director of Planning, ZE-76-208 Director of Public Argyros. Services/City Engineer, City Clerk Minutes The Mayor declared the Minutes of the regular meet - February 7, 1977 ing of February 7, 1977, and the special meeting of February 14, 1977 February 14, 1977, approved as distributed and posted as there were no corrections. Conservation _On motion by Councilwoman Hertzog, seconded by Vice of .Water Mayor Hammett, Resolution 77-18, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Resolution 77-18 = CALIFORNIA, SUPPORTING ALL EFFORTS TO REDUCE WATER WASTE, AND REQUESTING CITIZENS OF THE CITY OF COSTA = MESA TO CONSERVE WATER, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Proclamation On motion by Vice Mayor Hammett, seconded by Council - American man McFarland, and carried, a proclamation declaring National Red the month of March as American National Red Cross Cross Month Month, was approved. Ordinances On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, all ordinances will be read by title only. ZE-76-208 Mayor Raciti announced that the next item would be Argyros. taken out of order for consideration at this time. Application for Zone Exception ZE-76-208, Revised, Held Over George L. Argyros, 505 North Tustin Avenue, Santa Ana, for a Preliminary Development Plan for 127 single-family homes and 543 apartment units, with variance from setback requirements, parking requirements, site coverage standards, and open space requirements, in a PDR -LD and PDR -MD zone, located at South Coast Drive between Bear Street and San Leandro Lane, was presented. The Cali- fornia Environmental Quality Act requirements have been met by the Environmental Impact Report for GP -76-2A accepted by Council on September 20, 1976. Paul Diehl, President of the North Costa 1 Mesa Homeowners Association, was present and pre- sented a request for appeal in connection with the Preliminary Development Plan.portion of the project which normally has final action at the Planning Commission level. After discussion, on motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the Zone Exception application was continued to the meeting of April 18, 1977, with a Study Session discussion prior to that date, on April 13, 1977, at 7:30 p.m. With regard to the appeal application, a motion was made by -Vice Mayor Hammett, seconded by Councilman McFarland, and carried, to place this item on the agenda for the meeting of March 21, 1977, at which time the Council will decide whether or not they will hear an appeal. Work Area On motion by -Councilwoman Smallwood, seconded by Traffic Control Councilman McFarland, Ordinance 77-4, being AN Handbook ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA (WATCH) MESA, CALIFORNIA, AMENDING SECTION 15-45 OF THE COSTA MESA MUNICIPAL CODE, ADOPTING STANDARD SPECI- Ordinance 77-4 FICATIONS FOR WARNING DEVICES, was given second Adopted reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None R-77-01 On motion by Councilwoman Smallwood, seconded by Reiter Councilman McFarland, Ordinance 77-5, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 77-5- MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION Adopted OF LOT 809, NEWPORT MESA TRACT, FROM C2 TO CL, was given second reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None R-77-02 The Clerk presented for second reading and adoption, Ordinance 77-6, in connection with Rezone Petition R-77-02, for,property located at 147, 169, 146-162 (even numbers), 170-196 (even numbers) East 18th Street. Sharon Jones addressed -the Council in regard to the property at 169 East 18th Street, which she is in the process of purchasing for a business venture, and is concerned that this rezone will not.permit her intended use. The Director of Planning informed the Council that the rezone is necessary to bring the zoning into consistency with the General Plan as mandated by the State. Ms. Jones was advised that should she continue to pursue this matter after the.. property has been rezoned, she could then apply for a home occupation permit. After discussion, on motion by Vice Mayor Ordinance 77-6 Hammett, seconded by Councilwoman Smallwood, Adopted Ordinance 77-6., being AN 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 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 t a` R-77-03 On motion.by Vice Mayor Hammett, seconded by Council- woman Hertzog,-Ordinance 77-7, being AN ORDINANCE OF Ordinance 77-7 THE CITY COUNCIL OF THE CITY OF COSTA'MESA, CALI- Adopted FORNIA,.CHANGING THE ZONING.OF LOTS 1009, 1010, 1109, AND 1110, NEWPORT MESA TRACT, FROM M1 TO MG, was given second reading.and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT:. Council Members: None ZE-76-207 The Clerk presented from the meeting of February 7, Liske/Olrich 1977, application for Zone Exception ZE-76-207, Ernest W. Liske and Earl S. Olrich, 2881 Europa Drive, Costa Mesa, for a Conditional Use Permit to construct a.thr.ee-bedroom apartment unit in con- junction with an.exis.ting 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. The applicant has submitted a -revised plan which has been.recommended for approval by the Planning Commission'. Mr..Liske was present and asked for relief from a portion of Condition No. 12 pertain- ing to the upgrading of the fire hydrant at the corner of Anaheim.Avenue at Plumer Street. After discussion,. on motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and -carried, Councilman McFarland voting no, the Exempt Declara- tion of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions recommended by the - Planning Commission, with.Condition No. 12 amended as requested -.by the applicant. ZE-77-14 The Clerkpresentedfrom the meeting of February 7, A/C Body Shop 1977, application for Zone Exception ZE-77-14, A/C and Car Care Body Shop and Car Care Center, 1711 Anaheim Avenue, Center Costa Mesa, for a Conditional Use Permit to operate an auto customizing, detailing, restoration, and body shop in a C2 and M1 zone, located at that address.. An Exempt Declaration -of Environmental Impact-has,been filed. At the previous meeting, the property owner., Rollo McClellan, objected to several conditions .of approval of the permit, there- fore, this item was held over with the request that the Planning Director discuss -the conditions further with Mr. McClellan. Asa result of this discussion, Mr. McClellan agreed to comply with all conditions, with Condition No. 12, amended to read as follows: "The required 10 -foot front setback area, the 10 -foot -wide planter along the north boundary of the parking lot, and the.planters in front of the building shall be landscaped under the direction of the Planning Director.- The.Planning Director recommended approval of the application based on this agreement. 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 conditions as recommended and amended by the Planning Director, with the stipulation that the conditions be fulfilled within 60 days. Community On motion by Councilwoman Smallwood, seconded by Development. Councilwoman Hertzog, and carried, the next item Committee concerning the.membership of the Community Develop- ment Committee was.continued to an Executive Session Continued to immediately following this meeting. Executive Session 1 1 1 CONSENT CALENDAR.. The following items were removed from the Consent Calendar: .Item 1, a letter from Carl Vella, Jr., Landscape Architect, regarding Assembly Bill.63; Item -.8, _ General Plan Amendment GP -77-1C; Phillip L. Bush; Item 23, proposed parking prohibitions on Manistee Drive and Ludington Street. On motion by -Vice Mayor Hammett, seconded by Council- 1 1 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: Chuck Johnson; and Attorneys Donahue and Katnik on behalf of James Lee Blum and Terry Blum. Redistribution A resolution from the City of Escondido of Sales Tax opposing the redistribution of sales tax . Revenues revenues on the basis of population. Similar resolutions have been received from the cities of Compton and Palm Desert at the meeting of January 17, 1977. Use of Water Saving Devices A resolution from the City of Placentia encouraging the use of water saving devices. League of A draft resolution from the League of Cali - California fornia Cities in support of reinstating -the Cities death penalty legislation.consistent with the United States'Supreme Court decision guidelines. Vector Control Minutes of the.360th meeting of the Orange -District County Vector Control District, held on January 20, 1977. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning:. Licenses Odie's No. 2, Incorporated, doing business.as Ma Barker's, 212 East 17th Street; Hildegard Provence, doing business -as Mutter's Cafe., 750 End - Baker Street; Richard D Gibbs, doing business Reading Folder as The Road's End, 1830 Newport Boulevard. 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 Senate Bill A letter from the Orange County Division, League of No. 164 - California. -Cities, requesting support in opposing Arbitration Senate Bill 164, which proposes compulsory and in Labor binding arbitration in labor disputes, was received. Disputes On motion by Vice Mayor Hammett, seconded by Council- man McFarland, Resolution 77-19, being A RESOLUTION Resolution 77-19 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, OPPOSING SENATE BILL 164, COMPULSORY AND BINDING ARBITRATION IN LABOR DISPUTES, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 1 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: Chuck Johnson; and Attorneys Donahue and Katnik on behalf of James Lee Blum and Terry Blum. Redistribution A resolution from the City of Escondido of Sales Tax opposing the redistribution of sales tax . Revenues revenues on the basis of population. Similar resolutions have been received from the cities of Compton and Palm Desert at the meeting of January 17, 1977. Use of Water Saving Devices A resolution from the City of Placentia encouraging the use of water saving devices. League of A draft resolution from the League of Cali - California fornia Cities in support of reinstating -the Cities death penalty legislation.consistent with the United States'Supreme Court decision guidelines. Vector Control Minutes of the.360th meeting of the Orange -District County Vector Control District, held on January 20, 1977. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning:. Licenses Odie's No. 2, Incorporated, doing business.as Ma Barker's, 212 East 17th Street; Hildegard Provence, doing business -as Mutter's Cafe., 750 End - Baker Street; Richard D Gibbs, doing business Reading Folder as The Road's End, 1830 Newport Boulevard. 126 Business Permits A request from Pet Faire, 1280 The Alameda, San Jose, for a three-day show/exhibition at.the Orange County Pet Faire Fairgrounds, February 4, 5, and 6, 1977, was ratified. Set for Public The following items were set for public hearing,on Hearing March 21; 1977, at 6:30 p.m., in the Council Chambers of City Hall: Doctor's Certificate of Public Convenience and Necessity Ambulance for ambulance .service,f or Bruce W..Herren, Service doing business as Doctor's Ambulance Service, 17941.Rainier Drive, Santa Ana. GP -77-1A General Plan Amendment GP -77-1A, George C. Woods Woods, Jr., 1665 Placentia Avenue, Costa Mesa, for permission.to amend the Land Use designa- tion -of property located at 127 East 21st Street from Medium Density -Residential to High Density Residential. A Negative Declaration of Environmental Impact has been filed. GP -77-1B General Plan Amendment GP -77-1B, Ann and Marinko Jerkunica Jerkunica, 690 Thalia Street,. Laguna Beach, for permission to amend the Land Use designation of property.located at 421..Emerson Street (private street), from Low Density Residential to Medium Density Residential. A Negative Declaration of Environmental Impact has been filed. GP -77-1D General Plan.Amendment GP -77-1D, Case 1, Costa Case 1 Mesa Planning Commission, for.permission to amend the Land Use designation of property located between 1600 and.1656 Iowa Street, from Low Density Residential -to -High Density Resi- tial, and to.consider initiating a rezone of said property from R4 -CP to R3 -CP. A Negative Declaration of Environmental Impact has been filed. GP -77-1D General Plan Amendment GP -77-1D, Case 2, Costa Case 2 Mesa Planning Commission, for permission to amend the Land Use designation of property located northwest of Mesa Verde Drive West and northeast of Club House Road, Country Club Villas., from Low.Density. Residential to Medium Density Residential, and to consider initiating a.rezone of said property from R4 -CP to R2 -CP. A Negative Declaration of Environmental Impact has been filed. GP -77-1D General Plan Amendment GP -77-1D, Case 3, Costa Case 3 Mesa Planning Commission, to consider initiating a rezone of property located at 2775 Mesa Verde Drive East, from Cl -CP and R2 -CP to R3 -CP. GP -77-1D General Plan Amendment GP -7771D, Case 4, Costa Case 4 Mesa Planning Commission, to consider initiat- ing a rezone of property located at the southern terminus of Alabama Circle, from Rl to I and R (Institutional and Recreational). Refunds On recommendation by the Revenue Supervisor,.a refund of $10.00 to Anthony Schools, 2300 Harbor Boulevard, Anthony No. 32, Costa Mesa, on Business- License No. 002637, Schools as school closed in December, 1976, -was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 1 Reid On recommendation by the Director of Leisure Services, a .refund of $20.00 to Etta Reid, 2473 Montre Way, Costa Mesa, because injury prevented her from attend- ing class,'was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett; Hertzog, McFarland, Smallwood .NOES: Council Members: None ABSENT: Council Members: None Bredon On recommendation by the Director.of Leisure Services, a refund of $20.00 to Diana Bredon, 3604 South Sea Breeze, Santa Ana, because illness prevented her from attending class, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Kistler On recommendation by the Street Superintendent, refund of a.$100.00 pool construction bond to William Kistler, 2710 Starbird Drive, Costa Mesa, on Permit No. 01415, as construction has been completed at that address, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Madrid On recommendation by the Street Superintendent, refund Custom of a $100.00 pool construction bond to Madrid Custom Pools Pools, 11801 Cardinal Circle, Unit "E", Garden Grove, on Permit No. 01304, as construction has been com- pleted at 3238 Washington Avenue, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Coats and On recommendation by the Planning Department, refund Wallace of a $500.00 cash deposit to Coats and Wallace Development, 1491 Baker Street, Costa Mesa, on Building Permits 41944, 41945,.41946, 41947, 41948, 41949, 41558, 41559, 41560, 41561, 41562, and 41563, as construction has been completed at 1919 and 1921 Anaheim -Avenue, and at 1922 Meyer Place, in connec- tion with ZE-76-43 and ZE-75-91, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Pinecreek On recommendation by the.Planning Department, refund Investment of a $10,000.00 cash deposit to Pinecreek Investment Company, 1300 Quail Street, Suite 106, Newport Beach, as conditions in connection with the Final Development Plan, ZE-75-90A, have been completed satisfactorily at 1300 Adams Avenue, was approved by. the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES-:, Council Members: None ABSENT: Council Members: None Bid Item 340 Bids received for Bid Item.340, for the furnishing Street Sweeper of One Street Sweeper,.are on file in the Clerk's office. On motion. by Vice Mayor Hammett, seconded Awarded by Councilman McFarland, the bid was awarded to Nixon -Egli Nixon -Egli Equipment Company of Southern Cali - Equipment fornia,. Incorporated, 12030 Clark Street, Santa Fe Company Springs, in the amount of ..$30,582.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 343 Bids received for Bid Item 343, for the furnishing Ready Mixed of Ready Mixed,.Concr.e.te, are on file iri the Clerk's Concrete office. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the.bid was awarded to Awarded Brown Company, doing business as.Livingston-Graham, Brown Company 13550 Live Oak Avenue, Irwindale,.being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Destruction A request from the Director of Finance for authori- of 1911 Bonds zation to destroy 1911 bonds and coupons, Series 8, Santa Ana Avenue,. was presented. On motion by Vice Mayor'Hammett, seconded by Councilman McFarland, and carried, the request was approved. Update of A request was presented to secure the professional Park Appraisal services of Strobel and Byer, Appraisers, 2192 D6Pont Drive, Suite 216, Irvine, to prepare an updated park appraisal report, for an amount between $3,500.00 to $4,200.00. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the request was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council.Members: None ABSENT: Council Members: None Notice of The Post Rebid Phase of the Fairview Road Widening - Completion project has been completed by C. W. Poss -.R. N. Basich Venture, 7459 Lorge Circle, Post Office Box Fairview Road 1610, Huntington Beach, to the satisfaction of the Widening - Director of Public Services. Due to delays -in Post Rebid having necessary traffic signal repairs made by the Phase City's signal maintenance company, a 15 -day exten- sion to the contract and Supplemental Agreement, is recommended. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the work was accepted, the Clerk was authorized to file a Notice of Completion and a Notice of Cessation of -Labor for the Post Rebid Phase of the work, the bonds were ordered exonerated 35 days after the Notice of Com- pletion has been filed, and the 15 -day contract extension was approved, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 1 1 Baker Street An agreement between the City, the County of Orange, and Paularino and the Orange County Flood Control District, for Avenue Crossings joint participation in the widening of the Baker over the Santa Street and the Paularino Avenue crossings over the Ana -Delhi Santa Ana -Delhi Channel, was presented. The Channel District will be contributing $130,000.00 toward the costs of the Paularino Avenue project, with the City's share to be approximately .$110,000.000. The Arterial Highway Financing Program will fully fund the Baker Street project at an estimated cost of $130,000.00. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement with Advanced Kinetics, Incorporated, Advanced 1231 West Victoria Street, Costa Mesa, for the Kinetics _ acquisition of 1,761,51 square feet of land on the south side of Victoria Street west of Valley Road, Victoria Street Parcel 6; Arterial Highway Financing Program Project Widening No. 870, was presented. The agreement stipulates the payment of $4,400.00 for the property and for escrow to terminate as soon as possible. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement with Ramona M. Mendez, 1103 Victoria Mendez Street, for the acquisition of 847.73 square feet of land on .the south side of Victoria Street east �Road Victoria -Street of Valley 9 Parcel 12, Arterial Highway Widening Financing Program Project No.. 870, was presented. The agreement stipulates the payment of $23,000.00 for the property.and for escrow to terminate as soon as possible. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ,Agreement - An agreement with Ralph W. Waniek, 3719 Ocean Waniek and Boulevard, Corona del Mar, and R. L. Gradishar, 118 Gradishar Via Lorca, Newport Beach, for the acquisition of 257..38 square feet of land on the south side of Victoria Street Victoria Street west of Valley Road, Parcel 16, Widening Arterial Highway Financing Program Project No. 870, was presented. The agreement stipulates the payment of $650.00 for the property and for escrow to terminate as soon as possible. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: 130 AYES: Council. Members:. Raciti, Hammett, Hertzog, McFarland, Smallwood NOES:. Council Members: None ABSENT: Council Members: None Conference Conference Advances were requested for the follow - Advances. ing City officials -to attend the Congressional City Conference in Washington, D.C., March 5 - 8, 1977: City Manager Fred Sorsabal, $200.00; and Council- man Ed McFarland, $200.00. On motion by.Vice Mayor Hammett, seconded by Councilman McFarland, 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 Assembly Bill Item 1 on the Consent Calendar, a letter from Carl No. 63 Vella, Jr., Landscape Architect, 771 West 19th Landscape Street...Suite B, Costa Mesa, opposing Assembly Bill Architects No. 63, was presented. Mr. Vella was present and explained that this bill, if passed, would eliminate the present licensing of landscape architects and the board which regulates them. Mr. Vella went on to describe.the present educational requirements and examination process for obtaining this license, and expressed his opinion that to eliminate these requirements.would be a detriment.to the public as well as the profession. After discussion, on motion by Councilwoman Smallwood, seconded by Resolution 77-20 Councilwoman Hertzog, Resolution -77-20, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING ASSEMBLY BILL 63, SEEK- ING TO ABOLISH THE PRACTICE OF LICENSING LANDSCAPE ARCHITECTS, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members:. None ABSENT: Council Members: None GP -77-1C Item.8 on the Consent Calendar, General Plan Amend - Bush ment GP-77-1C,.Phillip L. Bush, 20442 Cramer Lane, Huntington Beach, for permission to amend the Land Hearing Set. ..Use designation of.property located at the western April 4, 1977 terminus. of Lanai Drive, from Golf Course to Low Density Residential, was presented. A Negative Declaration of Environmental Impact has been filed. On .motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, this item was set for public hearing on April 4, 1977, at . 6:30 p.m., in the Council Chambers of City Hall. Parking Item.23 (a).on .the Consent Calendar, a recommenda- Prohibition - tion from the Traffic Commission for prohibition -of Manistee parking on Manistee Drive, easterly.curb, 150 feet Drive north of Paularino Avenue, was presented. This recommendation is,made in order to aid access to Paularino Avenue. Councilwoman Hertzog requested to know if the affected residents had been notified of this -proposal and the one following, and was assured that they had. On motion by Councilman McFarland, Seconded by Councilwoman Hertzog, Resolu- Resolution 77-21 tion 77-21, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A_PORTION OF MINISTEE DRIVE, was adopted by the following roll call vote: �I 1 13. AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Parking Item 23 (b) on the Consent Calendar, a recommendation Prohibition - from the Traffic Commission for prohibition of park - Ludington ing on Ludington Street, westerly curb, 100 feet Street north of Paularino Avenue, was presented. This recommendation was also made to aid access to Paularino Avenue. On motion by Councilman McFarland, - Resolution 77-22 seconded.by Councilwoman Hertzog, Resolution 77-22, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF LUDINGTON STREET, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Vice Mayor. Hammett, seconded by Council - Resolution 974 woman Smallwood, Warrant Resolution 97.4, including Payroll 7703, 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 975 Councilman McFarland, Warrant Resolution 975 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 Limitations The City Attorney presented a proposed ordinance on Judicial establishing limitations on judicial review. On Review motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, Ordinance 77-8, being AN ORDINANCE Ordinance 77-8 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA First Reading ESTABLISHING A STATUTE OF LIMITATIONS FOR JUDICIAL REVIEW OF ALL DECISIONS OF THE CITY OF COSTA MESA AS PROVIDED BY STATE LAW, 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 Parking The City Attorney presented an Urgency Ordinance Prohibition - for parking prohibition.in the municipal parking Municipal Lots lots during weekends. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, Urgency Ordinance 77-9, being AN URGENCY ORDINANCE OF THE Ordinance 77-9 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted PROHIBITING.PRIVATE VEHICLE PARKING ON MUNICIPAL LOTS DURING CERTAIN TIMES, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES:. Council Members: None ABSENT: Council Members: None Bicycle The City Manager presented-a_proposed ordinance up - Licensing. dating the existing Municipal Code sections to comply -with new State laws regarding standardized State supervised bicycle registration and licensing.. On motion by Councilwoman Hertzog, seconded by Council - Ordinance 77-10 woman Smallwood, Ordinance 7-7-10, being AN ORDINANCE First Reading OF THE CITY COUNCIL OF THE_CITY OF COSTA MESA ADOPT- ING THE STATE ACT ON BICYCLE AND MOTORIZED BICYCLE LICENSING, REPEALING THE FORMER BICYCLE LICENSING .CHAPTER IN THE COSTA MESA MUNICIPAL CODE, AND ENACTING A NEW CHAPTER CONFORMING TO -STATE LAW, 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 presented from the meeting of December 20, R-76-55 1976, Rezone Petition R-76-55, Costa Mesa Planning Commission, for permission to rezone property located at 1697 Placentia Avenue, from C2 to MG, consistent with the General Plan. The California Environmental Quality Act Requirments have been met by the Environmental Impact Report for the Westside Community Plan, accepted by Council June 21, 1976.. The Director of Planning recommended termination of the rezone petition for this property as a separate petition.for CL zoning has been approved. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, that portion of the rezone petiton applying to 1697 Placentia Avenue, was terminated. Public Hearing The Clerk presented from the meeting of February 7, Proposed 1977, a proposed ordinance amending Title.13 of the Ordinance Costa Mesa Municipal Code,.adding a new Chapter XI Amending relating to methods and procedures of processing Title 13 Land Use .matters and delegating authority to accom- plish same. The Planning Director requested a Held Over continuance.of this item -to permit further study of the ordinance. On motion by Councilwoman Smallwood, seconded.by Vice. Mayor Hammett, and carried, the .public hearing was held open to the meeting of March 21, 1977. Public Hearing The'Clerk announced that this -was the time and R-76-44 place set for the public hearing for Rezone Petition R-76-44, Costa Mesa Planning Commission, for permis- sion to rezone property located at 859 to 877 West 19th Street, from Cl to R2 -CP and R3 -CP, in conformance with the General Plan. The California Environmental Quality Act requirements have been.met by the Environmental.Impact.Report for the Westside Community Plan accepted by Council June 21, 1976. The Affidavit of Publication is on file in the Clerk's.office. Nocommunications have been received.. The.Planning.Commission recommended approval -of R2 -CP zoning for Parcel No. 1, located at 859 West.l9th.Street., and _deletion of parcels located at 867 and 877 West 19th Street, from the 1 1 1 Ordinance 77-11 FirstReading Public Hearing R-77-04 Ray Ordinance 77-12 First Reading application. There being no speakers, the Mayor closed the public hearing. On motion by Council- woman Hertzog, seconded.by Councilman McFarland, the Planning Commission recommendation was approved, and Ordinance 77-11, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 901, NEWPORT MESA TRACT, FROM C1 TO R2 -CP, was given first read- ing 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 The Clerk announced that this was the time and place set for the public hearing for Rezone Peti- tion R-77-04, Michael Ray, 188 East 17th Street, Costa Mesa, for permission to rezone property located at 867 and 877 West 19th Street, from C1 to R4 -CP, in conformance with the General Plan. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for the Westside Community Plan, accepted by Council on June 21, 1976. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recom- mended approval of the request. During the discus- sion which followed, concern was expressed by the Council with regard to the density being proposed, particularly in this area where traffic problems are prevalent. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, Ordinance 77-12, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 901, NEW- PORT MESA TRACT, FROM Cl TO' R3 -CP, was given first reading and passed to second reading by the follow- ing 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 Magic Carpet place set for the public hearing to consider a Ambulette Certificate of Public Convenience and Necessity for Service Magic Carpet Ambulette Service, 1580 East Edinger Avenue, Suite P, Santa Ana. Notification of the hearing was given to other certificate holders in compliance with the Code. The Finance Department recommended approval of the request for a period of one year. Henry Hullhorst, the applicant, was present and spoke in support of the request stating that the need for his service is evidenced by the number of customers, which amounts to 300 a week. Phil Gazzo, representing Schaefer's Ambulance Service, spoke in opposition to the request stating that this service is presently being performed by his company as well as by Seal's Ambulance Service. Herman'Tait, of the Yellow Cab Company, also stated that his company regularly transports wheelchair patients. Mr. Hullhorst spoke again to,add that his vehicles allow the patients to remain in their wheel chairs which is preferable to being placed on a gurney as is the case with a regular ambulance. There being no other speakers, the Mayor closed the public hearing. During the discussion which followed, Vice Mayor Hammett expressed doubts that the need for this service had been substantially docu- mented. After discussion, on motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Vice Mayor Hammett voting no, the Certificate was approved for a period of one year, with the stipu- lation that the service is restricted'solely to the transportation of patients in wheelchairs. ZE-77-08 The Director of Planning presented an application for Edwards Zone Exception ZE-77-08, Edwards Interiors, 1231 Interiors Camino Del Rio Avenue, San Diego, for a variance to Permit.to construct one apartment in conjunction with allow three wall signs exceeding the maximum letter Held Over height and placed in locations on the wall not per- building separation and driveway width in an R4 -CP mitted by Code, in a Cl zone located at 3089 Bristol zone located at 2058 Wallace Avenue. An Exempt Street. An Exempt Declaration of Environmental Declaration of Environmental Impact has been filed. Impact has been filed. The Planning Commission The Planning Commission recommended approval subject recommended denial. No communications have been to conditions. No communications have been received. received. Jim Rowe, California Neon Products was James Eisele was present, representing the applicant, present representing the applicant, and presented and expressed objection to Conditions 1 and 15, per- rationale to substantiate the need for a wall sign on taining respectively to the conversion of garages to the north side of the building. After lengthy dis- carports, and the upgrading of a fire hydrant. After cussion, on motion by Vice Mayor Hammett, seconded by discussion, on motion by Vice Mayor Hammett, seconded Councilwoman Hertzog, and carried, this item was held by Councilwoman Hertzog, .and carried, Council Members over to the meeting of April_ 4, 1977, to permit Smallwood and McFarland voting no, the Exempt Declara- further .study of the request by the Planning Director tion of Environmental Impact was accepted as meeting and the applicant. Recess The Mayor declared a recess at 8:50 p.m. and the meeting reconvened at 9:00 p.m. ZE-77-10 The Director of Planning presented an application for Zone Exception ZE-77-10, Revised, Gilbert Hires, 691 West Wilson Street, Costa Mesa, for a Conditional Use Permit.to construct one apartment in conjunction with an existing duplex with variances from the required building separation and driveway width in an R4 -CP zone located at 2058 Wallace Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. James Eisele was present, representing the applicant, and expressed objection to Conditions 1 and 15, per- taining respectively to the conversion of garages to carports, and the upgrading of a fire hydrant. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, .and carried, Council Members Smallwood and McFarland voting no, the Exempt Declara- tion 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 15, which was deleted. Later in the meeting, a motion was made by Mayor Raciti, seconded by Vice Mayor Hammett, and carried, to reconsider the previous motion. On reconsideration, the main motion failed to carry, Mayor Raciti and Council Members Smallwood and McFarland voting no. On further motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, Vice Mayor Hammett and Councilwoman Hertzog voting no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to all con- ditions as recommended by the Planning Commission. ZE-77-16 The Director of Planning presented an application Fortin for Zone Exception ZE-77-16; Hazel J. Fortin, 937 Telshore Boulevard; No. 102, Las Cruces, New Mexico, for a variance to encroach into the required side 135 setback to legalize an existing garage in an R1 zone located at 2001 Arnold Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval sub- ject to conditions. No communications have been received. Nancy Cassube, was present, representing the applicant, and expressed objection to Condition No. 2 pertaining to the installation of a sidewalk. After discussion, 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. ZE-77-18 The Director of Planning presented an application Rice for Zone Exception ZE-77-18, Kenneth A. Rice, 817 West 17th Street, Costa Mesa, for a Conditional Use Permit to operate an auto repair garage for foreign .and domestic.cars 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 conditions. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and .carried, the Exempt Declara- tion 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-77-19 The Director of Planning presented an application Meyer for Zone Exception ZE-77-19, Carole A. Meyer, 383 Magnolia Street, Costa -Mesa, for a variance from Rl parking requirements to convert a portion of the existing two -car garage to a bedroom, in an R1 zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A communication in opposition to the request has-been received -from Christine Douglas, 412 Magnolia Street, Costa Mesa. The applicant was present to answer questions from the Council. After discussion, 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-77-20 The Director -of Planning presented an application Baer for Zone Exception ZE-77-20, William F. Baer, 425 Tustin Avenue, Newport Beach, for a variance to encroach into the required rear yard setback with a two-story dwelling unit, in an R2 zone located at 1511 Tustin Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to condi- tions. Communications in opposition to the request have been received from the following Costa Mesa residents: Mrs. H. D. Leddy, 396 East 15th Street; and Mr. and Mrs. Philip A. Manuell, 386 East 15th Street. The applicant was present and agreed to the conditions. On motion by Councilwoman Small- wood-, seconded by Vice Mayor Hammett, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. 1 ZE-77-22 The Director of Planning presented an application McClelland for Zone Exception ZE-77-22, Robert E. McClelland, 924 Jasmine Circle, Costa Mesa, for a variance to encroach two feet into the required rear yard setback for a room addition in an R1 zone, located at that address. An Exempt 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 present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirments of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-77-23 The Director of Planning presented an application Properties for Zone Exception ZE-77-23, Dana Smith, Properties West West, Incorporated, 508 - 29th Street, Newport Beach, for construction of six apartment units with variances for a 9.2 percent density deviation (2,725 square feet per unit) and reduction in the required maneuvering area in the parking lot in an R2 zone, located at 2121 Tustin Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. A petition -containing 24 .signatures has been received requesting that no building be authorized in this area until representatives from Newport Beach, Costa Mesa, and Orange County have re-evaluated the needs of the area and provided a consistent zone classi- fication. -Ralph Boss, 2437 Windward Lane, Newport Beach,.was present and spoke in opposition to the project, considering it to be incompatible with the surrounding properties,.and expressed a desire to have this area rezoned to Rl. Hubert Barker, 2443 Francisco Drive, Newport Beach, also spoke in opposition to the project. The applicant was present and agreed.to the conditions. After discus- sion, 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 recommended by the Planning Department. ZE-77-24 'The Director of Planning presented an application Southern for Zone Exception ZE-77-24, Southern California California College, 55 Fair Drive, Costa Mesa, for a variance College to construct a ground sign and wall sign which exceed area allowed by Code, in an I and R zone located at that address. An Exempt Declaration of Environmental Impact has, -been filed. The Planning Commission recommended denial of the ground sign and approval of the wall sign, subject to two condi- tions. No communications have been received. The applicant .was not present. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law,the ground sign was denied, and the wall sign was approved subject to conditions as recom- mended by the Planning Commission. ZE-77-25 The Director of Planning presented an application Shapiro for, Zone Exception ZE-77-25, Art Shapiro, 1825 Westcliff Drive, Newport Beach,.for a Conditional Use Permit to use an existing parking lot at 233, 13. 237, 239, and 245 Cabrillo Street in conjunction with retail shops and offices located at 234 East 17th Street, in a Cl zone. A Negative Declaration of Environmental Impact has been filed. The Plan- ning Commission recommended approval subject to conditions. Communications in opposition to the request have been received from the following Costa Mesa residents: D. M. Bammes,215 Cabrillo Street; Michael Transer, Steven Transer, and Irene Buckner, 238 Cabrillo Street; and Mr. and Mrs. W. D. Williams, 240 Cabrillo Street. Craig Combs, Architect, was present, representing the applicant, and agreed to the conditions. On motion 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 application approved subject to conditions as recommended by the Planning Commission. ZE-77-27 The Director of Planning presented an application Guy for Zone Exception ZE-77-27, Jim I. Guy, 1818 Tanager Drive, Costa Mesa, for a variance to encroach into the rear yard setback with a patio cover, in an R1 zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to the conditions. On motion by Council- woman Smallwood, seconded by Councilman McFarland, and -carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approvedsubject to conditions as recommended by the Planning Commission. Oral Mr. J. C. Humphries, President of Costa Mesa Tomor- Communications row, Incorporated, 1823 Newport Boulevard, Costa Mesa, spoke regarding the completion of the Costa Mesa Freeway, and suggested the appointment of a Freeway Committee to strongly pursue this endeavor -with the appropriate County and State officials. This.suggestion was taken under advisement by the Council. Michael Ray, 188 East 17th Street, Costa Mesa, addressed the Council regarding Rezone Petition R-77-04 which was considered by the Council earlier in the meeting. Mr. Ray expressed concern that the Council's decision in granting R3 -CP zoning instead of the requested R4 -CP; would be unfavorable to the development of the property as planned. Mr. Ray, who was not present for the Council's earlier discussion, was advised that the R3 -CP zoning was considered to be the most compatible for the area and the maximum density that could be tolerated. Councilmanic "Mayor Raciti presented a request from the Costa Mesa Comments County Water District for a change in the dates of the meetings concerning the Water Consolidation Study. After discussion, the study session remains scheduled for April 19, 1977, at 7:30 p.m., and the pv`.lic hearing rescheduled to April 26, 1977, at 7:30 p.m. Councilman McFarland reported on discussions with the City -School Liaison Committee concerning a suitable location for the Central Branch of the Boys Club. During these discussions, no suitable site was determined. Adj ournment. Executive Session Community Development Committee Adjournment The Mayor adjourned the.meeting at 10:55 p.m. to an Executive Session in the first floor Conference Room. The meeting reconvened -from Executive Session at 11:45 p.m. On motion by Councilwoman Hertzog, seconded by Councilwoman Smallwood,. and carried, the term of two years was established for each member of the Community'Development Committee, and the present Committee members' terms will expire as follows: Reverend Wilbur Davis Jean Forbath Reverend'Earl Isbell, Joan Margol (alternate) Boyd McCullough, Diana Milroy Mike Ogden Shirley Price Paul Raver (alternate) Jerome Vandewalle Doug Weiler (alternate) January 21, 1978 January 1, 1979 January 21, 1978 January 1, 1979 January 21, 1978 January 1, 1979 January 21, 1978 January 1, 1979 January 1, 1979 January 21, 1978 January 1, 1979 On motion by-Councilwoman-Hertzog, seconded by Councilwoman Smallwood, and carried, Paul Raver was appointed to the Committee, term to expire January 1-, 1979. The Mayor appointed a committee for the purpose of resolving the location of the Boys Club on the west side of Costa Mesa: Councilman McFarland Councilwoman Hertzog City Manager Sorsabal Willard Jordan Lou Yantorn Dr. -John Nicoll To this committee will be added a school board member, -to be either Don Smallwood or Thomas Casey. Discussion was held regarding committee appoint- ments to the Freeway Committee requested by Costa Mesa Tomorrow, and it was decided that this commit- tee would be appointed at a later date. The meeting adjourned at 11:55 p.m. ayor of the: o osta Mesa ATTEST: City Clerk of the City of Co Mesa 1 1