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HomeMy WebLinkAbout03/21/1977 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 21, 1977 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., March 21, 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, led by Pack 354, Webelos Den 2, and Invocation by Dr. Gary Barmore, Fairview Community Church. Mayor Raciti Outgoing Mayor, Dom Raciti, gave a State of the City Steps Down address highlighting major projects accomplished during his term of office in 1976. A few of those mentioned were: the Special Census, expansion of South Coast Plaza, Victoria Street Specific Plan Study, "Super Block" design concepts including the. library expansion, new fire station, and Community Center, Emergency Housing and Assistance Program, and many projects of street_ construction and land- scaping. In closing, Mayor Raciti thanked his fellow Council Members for their support -during his term and wished success to Mayor Hertzog in the year ahead. Mayor Hertzog thanked Mayor Raciti for'his report and presented to him a ceremonial gavel commemorating his term in the Office of Mayor. Mayor Hertzog expressed her hope that in the year ahead the Council and citi- zenry will enjoy a close relationship working together toward the needs of the community. Roll Call _ Council Members Present: Hertzog, Hammett, Raciti, = McFarland Council Members Absent: Smallwood ------- " Officials Present: City Manager, City Attorney, Director of Planning, Assistant City Engineer, City Clerk Minutes On motion by Vice Mayor Hammett, seconded by Council - February 22, 1977 man McFarland, and carried, the Minutes of the regular March 7, 1977 meetings of February 22, 1977, and March 7, 1977, were approved as distributed and posted as there were no corrections. Main Street- Grace Jasmine and Greg Purdy of the Costa Mesa High Open House_ School gave a slide presentation describing an up - Project coming Open House Project entitled Main Street. Ms. Jasmine invited members of the Council and general public to attend this school function which will take place on May 11, 1977. Proclamation A proclamation declaring.the month of April, 1977, as Public Schools Public Schools Month, was approved. Month Ordinances On motion by Vice Mayor Hammett, seconded by Council- man McFarland, and carried, all ordinances will be read by title.only. Limitations on On motion by Councilman McFarland, seconded by Vice Judicial Review Mayor Hammett, Ordinance 77-8, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ESTAB- 141 Ordinance 77-8 LISHING A STATUTE OF LIMITATIONS FOR JUDICIAL REVIEW Adopted OF ALL DECISIONS OF THE CITY OF COSTA MESA AS PRO- VIDED BY STATE LAW, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood — Bicycle On motion by Councilman McFarland, seconded by Vice Licensing Mayor Hammett, Ordinance 77-10, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Ordinance 77-10 ADOPTING THE STATE ACT ON BICYCLE AND MOTORIZED Adopted 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 second reading and adopted by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood R-76-44 On motion by Vice Mayor Hammett, seconded by Council- man McFarland, Ordinance 77-11, being AN ORDINANCE OF Ordinance 77-11 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF A PORTION OF LOT 901, NEWPORT MESA TRACT, FROM Cl TO R2 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood R-77-04 On motion by Vice Mayor. Hammett, seconded by Council - Ray man McFarland, Ordinance 77-12, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Ordinance 77-12 FORNIA, CHANGING THE ZONING OF A PORTION OF LOT 901, Adopted NEWPORT MESA TRACT, FROM Cl TO R3 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT:. Council Members: Smallwood Application The Clerk presented an Application for Rehearing from for Rehearing Attorney Robert L. Humphreys and Spoiler Yachts, - Humphreys/ Incorporated, 881 Dover Drive, Suite 33, Newport Spoiler Yachts Beach, concerning Zone Exception ZE-76-194, which was denied by Council on February 7, 1977. Mr. Humphreys ZE-76-194 was present representing the applicant and spoke in support of the request. After discussion, on motion Hearing Set by Vice Mayor Hammett, seconded by Councilman McFar- land, and carried, Mayor Hertzog voting no, the application was approved and the hearing date set for April 18, 1977, at 6:30 p.m. Application The Clerk presented an Application for Appeal from for Appeal - Paul Diehl, 1092 Santa Cruz Circle, Costa Mesa, Diehl concerning the Preliminary Development Plan portion of Zone Exception ZE-76-208 which was approved by the ZE-76-208 Planning Commission on February 14, 1977. Mr. Diehl was present representing himself and the North Costa Hearing Set Mesa Homeowners Association, and spoke in support of the request, expressing the opinion that the Prelim- inary Development Plan is such an integral part of the project that it should be reviewed along with the variance. George Argyros, applicant for the Zone 142 Exception Permit, stated he had no objection to a review of the entire project. On motion by Vice Mayor Hammett, seconded by Councilman Raciti, and carried, Councilwoman.Smallwood.absent, the Council voted to review the Preliminary Development Plan along with the Zone Exception Permit on April 18, 1977. Purchase of Mayor Hertzog presented the next item for discussion Canyons concerning purchase of 35 acres of land in the Property Canyons area from State Mutual Savings and Loan Association. Councilman McFarland reported on nego- tiations with State Mutual in this regard which culminated in a mutually agreed purchase price of $725,000.00. For the record, the property was appraised during this period of negotiation at a value of $900,000.00. Councilman McFarland further stated that if the purchase is approved by Council, an attempt will be made to obtain a government grant for 50 percent of the purchase price. Joey Loren- zini addressed the Council to tell them how much he, and other children, enjoy the canyons area and hope it will remain undeveloped for the future enjoyment of all. Pat Dolan; 923 West 20th Street, Costa Mesa, a member of the "Save the Canyon Committee" spoke at length of the wild life, flora and fauna in the canyon to be enjoyed and preserved as one of the last remaining open space areas in the City, and urged the Council to approve this purchase. Howard Frye, representing State Mutual was present to answer any questions from the Council. After discussion, on motion by Councilman McFarland, seconded by Council- man Raciti, the City Manager was authorized to enter into an agreement for the purchase of this property in the amount of $725,000.00, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood On motion by Councilman McFarland,.seconded by Councilman Raciti, and carried, the City Manager was further authorized to apply to the Bureau of Application for Outdoor Recreation for a grant for 50 percent of Federal Grant the purchase price of the property. On final motion by Councilman McFarland, seconded by Councilman Raciti, the Mayor and Clerk were authorized to exe- cute a promissory. note ­for the balance of the purchase price on the canyon property and to execute a trust deed to be placed on record with the County Recorder, by the following roll call vote: AYES: Council Members: Hertzog, Hammett; Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Mayor Hertzog announced that it is the intention of this Council to have the canyons property remain in its natural state. City Float The Mayor announced the next item for consideration, being the annual request from the Junior Chamber of Commerce for the City float. Don Bull was present representing the Jaycees, and requested $3,500.00 to sponsor a City float to be entered into seven parades in the coming year. Mr. Bull also presented two trophies which were awarded to the City of Costa Mesa for their float entry in 1976. After discus- sion, on motion by Councilman Raciti, seconded by 1 i 43 Vice Mayor Hammett, the request was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood CONSENT CALENDAR.. The following items were removed from the Consent Calendar: Item 7, a business permit request from Harold Oxley; Item 9, a trailer permit request from Henry Bell; and Rezone Petition R-77-08, Costa Mesa Planning Commission. On motion by Vice Mayor Hammett, seconded by Council- man McFarland, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Revised A Revised California Transportation Plan - Recom- California mended Statewide Transportation Goals, Policies, and Transportation Objectives, was referred to the Public Services Plan Department for review. 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: Floyd G. Ellsworth; Attorney A. David Tonti on behalf of Chairon Wenz; Attorney Steven B. Fishman on behalf of Michael Page; Attorney Alfred E. Augustini on behalf of Entrex, Incorporated; and Attorney Alvan R. Pierson III on behalf of. Charles Monles Veloz. School A draft resolution from the City of Lomita Busing supporting Assembly Constitutional Amendment No. 13 which adds language to the State Constitution to prevent courts of this State from ordering busing between schools to achieve integration, and urging Council to adopt this resolution. Santa Ana River/ A resolution from the City of Newport Beach Santiago Creek terminating the Joint Powers Agreement estab- lishing the Santa Ana River/Santiago Creek Greenbelt Commission, and approving the Greenbelt Implementation Plan adopted on February 14, 1977. Housing A Letter from the City of La Habra, expressing Element their Council's approval of proposed changes Guidelines - concerning the Housing Element Guidelines, Draft II Draft II. Compulsory A resolution from the City of Seal Beach Arbitration regarding Senate Bill 164 in opposition to Senate Bill mandating compulsory binding arbitration in No. 164 labor disputes. A similar Resolution 77-19 was adopted by Council on February 22, 1977. A letter from Senator Paul B. Carpenter acknowledging receipt of Resolution 77-19, opposing Senate Bill No. 164, Compulsory Arbi- tration, and voicing assurance that the bill would not pass in its present form. Landscape A letter from Assemblyman Dennis Mangers Architects regarding Assembly Bill No. 63 which seeks Assembly Bill to repeal all regulatory provisions relating No. 63 to the practice of landscape architecture, and urging Council to pass a resolution opposing the bill. Resolution 77-20, oppos- ing Assembly Bill No. 63 was adopted by Council on February 22, 1977. A letter from Richard Pryor, President of the California Council of Landscape Archi- tects, commending the appearance of Carl Vella at the February 22, 1977, Council meeting, and asking that Council adopt a resolution opposing Assembly Bill No. 63. Highway A statement from the State Controller show - Revenues ing the amount of highway revenues estimated to be paid to each city during the fiscal year ending June 30, 1978. Public Application No. 57032, Southern California Utilities Gas Company, for authority to (a) engage in Commission a solar project, and (b) to include in its rates the amounts necessary to fund a solar energy program. Application No. 57111, Southern California Edison Company, for authority to make effective an offset rate adjustment to cover expenses associated with -supplemental con- servation programs and to establish a Conservation Adjustment Account in which to accumulate differences between revenues and expenses associated with supplemental con- servation programs. Vector Minutes of the 361st Meeting of the Orange Control County Vector Control District, held on District February 17, 1977. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning: Licenses Jack and Jean Brookhart, doing business as Jack's Pizza, 1025 E1 Camino Drive; Gordie End - Millhouse, doing business at 735-C West Reading Folder Baker Street. Housing and A letter from the Chairman of the Planning Commis - Community sion to the Director of the State Department of Development Housing and Community Development, commenting on the 1977 Revised Housing Element Guidelines, was received and endorsed. Proposed Costa Mesa Planning Commission Resolution PC -77-03, Property finding that the proposed acquisition of 130 acres Acquisition by the Orange County Harbors, Beaches, and Park District, in the area generally known as the Santa Ana River Lowlands, is consistent with the Costa Mesa General Plan, was received. Business A Notice of Intention to Solicit for Charitable Permits Purpose from CHOC Thrift Stores, Children's Hospital of Orange County, 2025 West First Street, Children's Santa Ana, by door-to-door solicitation for resal- Hospital able household and personal items, March 31 through December 31, 1977, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. 145 R-77-05 Rezone Petiton R-77-05, Costa Mesa Planning April 4, 1977 Commission, for permission to rezone property located south of Sunflower Avenue and east of Smalley Road, from Al to R1, in conformance with the General Plan and Specific Plan SP -76- 03. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for GP -76-3D, accepted by Council on November 15, 1976. Final EIR Final Environmental Impact Report for the "Super Block" proposed Lions Park Expansion, Library Expan- April 4, 1977 sion, new Fire Station, Community Center and Youth Center, located south of Plumer Street, between Anaheim Avenue and Park Avenue. R-77-06 Rezone Petition R-77-06, Costa Mesa Planning April 4, 1977 Commission, for'permission to rezone property located at 1920-22 Wallace Avenue, from Cl to 1912 , 1915, 1916 Wallace Avenue, and 1923 Pomoma Avenue, from R3 -CP to R2 -CP; 1939, 2043- 2049 (odd numbers), 1950, 1954 Wallace Avenue, American A Notice of Intention to Solicit for Charitable Cancer Purpose from American Cancer Society, Orange County Society Unit, 4030 Birch Street, Number 101, Newport Beach, by door-to-door solicitation April l through June 30, 1977, and a one-day-bike-a-thon on May 7, 1977, was approved with application of Section 9-234J of the Costa Mesa Municipal Code, and sub- ject to conditions of the Revenue Division. Permit A request from Costa Mesa -Newport Harbor Lions Club Post Office Box 628, to use Lions -Park on June 3, Lions Club 4, and 5, 1977, for the 33rd Annual Fish Fry, was Fish Fry approved subject to conditions of the Leisure Ser- vices Department, with the parade route to be approved by the Chief of Police. Set for Public The following items were set for public hearing on Hearing the dates indicated, at 6:30 p.m., in the Council Chambers of City -Hall: Revenue Federal Revenue Sharing Entitlement funds to Sharing be appropriated in the Fiscal Year 1977-78 April 4, 1977 Budget. SP -76-03 Specific Plan SP -76-03, Costa Mesa Planning April 4, 1977 Commission, for property located east of Fairview Road between Sunflower Avenue and the San Diego Freeway, south of Sunflower Avenue, and east of Smalley Road. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for GP -76-3D, accepted by Council on Novem- ber 15, 1976. R--76-62 April 4, 1977 Rezone Petition R--76-62, Costa -Mesa Flanning Commission, for permission to rezone property extending approximately 630 feet east of Fair- view Road, between Sunflower Avenue and the San Diego Freeway, from Cl and C2 to PDR -MD, and the property located approximately 1,200 feet east of Fairview Road and south of Sun- flower Avenue, from Al to PDR -LD. The California Environmental Quality Act require- ments have been met by the Environmental Impact Report for GP -76-3D, accepted by Council on November 15, 1976. R-77-05 Rezone Petiton R-77-05, Costa Mesa Planning April 4, 1977 Commission, for permission to rezone property located south of Sunflower Avenue and east of Smalley Road, from Al to R1, in conformance with the General Plan and Specific Plan SP -76- 03. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for GP -76-3D, accepted by Council on November 15, 1976. Final EIR Final Environmental Impact Report for the "Super Block" proposed Lions Park Expansion, Library Expan- April 4, 1977 sion, new Fire Station, Community Center and Youth Center, located south of Plumer Street, between Anaheim Avenue and Park Avenue. R-77-06 Rezone Petition R-77-06, Costa Mesa Planning April 4, 1977 Commission, for'permission to rezone property located at 1920-22 Wallace Avenue, from Cl to 1912 , 1915, 1916 Wallace Avenue, and 1923 Pomoma Avenue, from R3 -CP to R2 -CP; 1939, 2043- 2049 (odd numbers), 1950, 1954 Wallace Avenue, 146 and 1955-1975 (odd numbers_) Pomona Avenue, from R4 -CP to R3 -CP; 737-769.Hamilton Street (odd numbers), 700-771 20th Street, 1925-1945 (odd numbers) and 1981-2039 (odd numbers) Pomona Avenue, 1961 and 2014 Sterling Avenue, 1925, 1933, 1926-1948 "(even numbers), 1945-2039 (odd numbers), 2073-2093 (odd numbers), and 1960- 2092 (even numbers) Wallace Avenue, from R4 -CP to R2 -CP. A Negative Declaration of Environ- mental Impact has been filed. R-77-07 Rezone Petition R-77-07, Costa Mesa Planning April 4, 1977 Commission, for permission to rezone property located at 1974-1978 (even numbers), 2014 and 2030 Maple Avenue, from R4 to R3 -CP; and property located at 1990-2002 Maple Avenue (even numbers), 2005, 2025 Charle Street, from R4 to R2 -CP. A Negative Declaration of Environmental Impact has been filed. Underground Formation of Underground Utility District No. Utility District 10, on Baker Street, from the East Frontage No. 10 Road of the Newport Freeway to Randolph Avenue. April 4., 1977 Addition to To consider adding two areas to the existing Project Area Costa Mesa Downtown Redevelopment Project Area No. 1 No. 1. April 18, 1977 Refunds On recommendation by the Director of Leisure Services, a refund of $25.00 to Eloy C. Martinez, Post Office Martinez Box 678, Costa Mesa, representing reimbursement of a street tree deposit for the project at 286 Esther Street, was approved by the following .roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Sun Crest Pools On recommendation by the Street Superintendent, refund of a $100.00 pool construction bond to Sun Crest Pools., 806 West Katella Avenue, Orange, on Permit No. 01530, as construction has been completed at 1118 Paularino Avenue, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Harlin On recommendation by the Director of Leisure Services, a refund of $10.00 to Marjorie Harlin, 360 Villa Nova, Costa Mesa, for an art class that could not be attended, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Pisces On recommendation by the Planning Department, refund Corporation of a $9,898.18 cash deposit to Pisces Corporation, ZE-76-72 2750 Benedict Canyon Drive, Beverly Hills, as condi- tions in connection with Zone Exception ZE-76-72 have been completed, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood 11 ZE-76-201 Withdrawal of Zone Exception Permit ZE-76-201, U -Haul U. -Haul . Company of Orange County, 860 South Placentia Avenue, Company Placentia, for a Conditional Use Permit to construct a 1,600 square foot metal building for office use for Withdrawn an existing truck and trailer storage/rental lot in a C2 zone, located at 2680 Newport Boulevard, was approved as recommended by the Planning Commission. Pavement On motion by Vice Mayor Hammett, seconded by Council - Striping man McFarland, the purchase of 2,000 pounds of Green Lite Brand pavement striping material, was approved as a sole source item,.from 3M Company, Traffic Sole Source Control Products Division, 3M Center, Building No. Purchase 223-3N, St. Paul, Minnesota, in the amount of $2.38 per pound, for a total of $4,760.00 plus sales tax, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council -Members: Smallwood Construction Bids received for the Construction of Brentwood and of Brentwood Wilson Street Parks, are on file in the Clerk's and Wilson office. On motion by Vice Mayor Hammett, seconded Street Parks by Councilman McFarland, the contract was awarded to Industrial Turf, Incorporated, Post Office Box 2247, Awarded Laguna Hills, in the amount of $301,003.00, being Industrial Turf the lowest bid meeting specifications, by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Loop Detectors Bids received for the Installation of Loop Detectors at Various at Miscellaneous Locations, are on file in the Locations Clerk's office. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the contract was Awarded awarded to Grissom and Johnson, Incorporated, Post Grissom and Office Box 10040, Santa Ana, in the amount of Johnson $13,154.00, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Proposed Proposals received for Consultant Services to Evalu- Centralized ate a Proposed Centralized Traffic Signal Computer Traffic Signal System, are on file in the Clerk's office. On Computer motion by Vice Mayor Hammett, seconded by Councilman System McFarland,. the contract was awarded to Applied Transportation Systems, Incorporated, 505 Hamilton Awarded Avenue, Palo Alto, California, in the amount of Applied .$3,000.00, by the following roll call vote: Transportation AYES: Council Members: Hertzog, Hammett, Systems Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood CETA'Agreement On motion by Vice Mayor Hammett, seconded by Council - with School man McFarland, an addendum to the agreement between District the City of Costa Mesa and the Newport -Mesa Unified School District, extending the Comprehensive Employ- ment Training Act (UTA) Program to September 30, 1977, was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Comprehensive An amended agreement between the City and the County Youth of Orange concerning the Comprehensive Youth Diver - Diversion sion Program, was presented. This.amendment will Program provide increased funds amounting to $63,759.00 to the Region III Program, enabling.the shelter ser- vices area to be operated on a 24-hour basis. On motion by Vice Mayor Hammett,.seconded by Councilman McFarland, the amended 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: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT:I Council Members: Smallwood Rate of Pay On motion by Vice Mayor Hammett, seconded by Council - for Police man McFarland, Resolution 77-23 being, A RESOLUTION Aide OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ESTABLISHING THE RATE OF PAY FOR POLICE AIDE, Resolution 77-23 was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Agreement with An agreement between the City of Costa Mesa and the School District Newport Mesa Unified School District regarding tree for Tree Trimming trimming services, was presented. On motion by Vice Services 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: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Fixed Asset A report from the Finance Director was presented, Write-offs consisting of various items of fixed assets which it is recommended be written.off. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the write-off amounting to $54,115.63, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Portion of Victoria Street Designated County Highway During Construction Resolution 77-24 Agreement with State for Acquisition of Property for the Extension of Vanguard Way Resolution 77-38 On motion by Vice Mayor Hammett, seconded by Council- man McFarland, Resolution 77-24, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, DECLARING THAT PORTION OF VICTORIA STREET ACROSS THE SANTA ANA RIVER TO BE A COUNTY HIGHWAY DURING CONSTRUCTION OF SAID ROAD BY THE COUNTY OF ORANGE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council.Members: Smallwood An agreement with the State of California, Department of Transportation, for the acquisition of 0.226 acres of land located at the extreme terminus of Vanguard Way and the Newport Freeway, was presented. The agreement stipulates a purchase price of $29,553.00 for the property. 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; and Resolution 77-38, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 1 1 a, MESA, CALIFORNIA, AUTHORIZING THE PURCHASE OF CERTAIN REAL ESTATE FROM THE STATE OF CALIFORNIA, COMMITTING ITS USE TO A PUBLIC PURPOSE, ESTABLISHING SAID PUBLIC PURPOSE AS BEING FOR STREETS AND ROADWAYS, FURTHER ESTABLISHING ITS PUBLIC PURPOSE TO BE THE EXTENSION OF VANGUARD WAY IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Refund of The Director of Public Services has recommended a Sidewalk Deposit refund of $36.10 to Taco Bell, Incorporated, 17381 Taco Bell Red Hill Avenue, Irvine, on Sidewalk Deposit No. 936852. This refund represents an excess amount collected over the actual construction cost of im- provements on Fairview Road, Newport Boulevard to the San Diego Freeway, Gas Tax Project No. 72, Arterial Highway Financing Program Project No. 601. On motion by Vice Mayor Hammett, seconded by Councilman McFar- land, the refund was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Final Map for On motion by Vice Mayor Hammett, seconded by Council - Tract No. 9691 man McFarland, Final Map for Tract No. 9691, Balalis Balalis and and Pigneri Development Corporation, 2005 West Balboa Pigneri Boulevard, Newport Beach; one -lot subdivision for condominimum purposes; 1.39 acres located at 2285 and 2289 Canyon Drive, with Subdivision Agreement, was approved, the Council did accept on behalf of the public the ten -foot easement for storm drain purposes as dedicated, and did also approve subject map pur- suant to the provisions of Section 66436 (c) (1) of the Subdivision Map Act, and the Mayor and Clerk were authorized to sign said documents on behalf of the City, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Tract 9036- The improvements in Tract No. 9036, located at the Park Mesa northwest corner of Paularino Avenue and Newport Village Boulevard, have been completed by Park Mesa Village (Cameo Homes), a partnership, 1451 Quail Street, Newport Beach, to the satisfaction of the Director of Public Services. On motion.by Vice Mayor Hammett, seconded by Councilman McFarland, the work was accepted and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood S-75-18 Improvements in connection with. Parcel Map 5-75-18, Clare Builders located at 2370, 2380, and 2390 Orange Avenue; 2379, 2383, and 2387 Norse Avenue, have been completed by Clare Builders, Incorporated, Post Office Box 376, Tustin, to the satisfaction of the Director of Public Services. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the work was accepted and a cash performance bond in the amount of $4,350.00, was ordered exonerated, by the following roll call vote: J: 0 ZE-76-18 The improvements in.connection with Zone Exception Hosfiel ZE-76-18 located at 241-245 16th Place, southwest corner of Westminster Avenue and 16th Place, have been completed by Keith Hosfiel, 1000 Cliff Drive, Newport Beach, to the satisfaction of the Director of Public Services. On motion by Vice Mayor Hammett, seconded by -Councilman McFarland, the work was accepted and the bondswereordered exonerated, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Joann Street The street improvements in connection with the Master Extension - Plan for Harbor Assembly of God Church, 740 West Harbor Assembly Wilson Street, Costa Mesa, have been completed on of God Church Joann Street, from 230 feet east of Placentia Avenue to 160.10 feet easterly, to the satisfaction of the Director of Public Services. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood. Agreement - An agreement with Marvin Neben, 3312 Ocean Boulevard, Neben Corona del Mar, for the acquisition of 500 square feet of'land on the north side of Victoria Street, Victoria Street west of Canyon Drive, Parcel 15, Arterial Highway Widening - Financing Program Project No. 870, was presented. AHFP 870 The agreement stipulates a payment of $1,250.00 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: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Agreement - An agreement with Gerald E. and Jane H. Sparks for Sparks the acquisition of 256.5 square feet of land located on the west side of Harbor Boulevard, south Harbor of E1m.Street, for.the construction of a right -turn Boulevard pocket for Harbor Boulevard southbound at Adams Right Turn Avenue, was presented. The agreement stipulates Pocket payment of $2,500.00 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: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Agreement - An agreement with Jack W. and Adele J. Clark for Clark the acquisition of 1,588.05 square feet of land on the northwest corner of 19th Street and Fullerton 19th Street Avenue, was presented. The agreement stipulates Widening the payment of $9,500.00 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: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Portion of On motion by Vice Mayor.Hammett, seconded by Council - Bear Street man McFarland, Resolution 77-25, being A RESOLUTION Park Designated OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- To'Be a Public FORNIA, DECLARING A PORTION OF BEAR STREET PARK.TO BE Street A PUBLIC STREET; AUTHORIZING THE RECORDING OF SAID RESOLUTION AND DECLARING REASONS THEREFOR, was adopted .Resolution 77-25 by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Final Map for Final Map for Tract 9592,,James H. Gregory, 1919 Tract 9592 - Newport Boulevard, Costa Mesa; 28 lots, 2.99 acres Gregory located at the northeast corner of Wilson Street and Canyon Drive; with Subdivision Agreement, was approved. The Council did accept on behalf of the public the dedication for street purposes of Trabuco Circle, Modjeska Circle, and a continuous offer of dedication for Wilson Street; and did also accept on behalf of the City of Costa Mesa: 1. all vehicular access rights for Wilson Street and Canyon Drive as dedicated; 2. the three-foot public utility easement as dedicated; 3. the easements for storm drain purposes as dedicated; and did also approve subject map pursuant to the provisions of Section 66436 (c) (1) of the Subdivision Map Act, and the Mayor and Clerk were authorized to sign said documents on behalf of the City, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Parking The Traffic Commission recommended the prohibition of Prohibition - parking on Gisler Avenue between Cinnamon Avenue and Gisler Avenue Iowa Street to facilitate traffic movement. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, Resolution 77-26 Resolution 77-26, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARK- ING.ON PORTIONS OF GISLER AVENUE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Parking The Traffic Commission recommended the prohibition of Prohibition - parking on Iowa Street between New Hampshire Drive and Iowa Street Gisler Avenue, to improve traffic safety. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, Resolution 77-27 Resolution 77-27, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARK- ING ON PORTIONS OF IOWA STREET, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Parking The Traffic Commission recommended the prohibition of prohibition - parking on Thurin Street at Victoria Street, to provide Thurin Street better vision for motorists turning at this location. On motion by Vice Mayor Hammett, seconded by Councilman Resolution 77-28 McFarland, Resolution 77-28, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, .52 1 1 PROHIBITING PARKING ON A PORTION OF THURIN STREET, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Bus Stop The Traffic Commission recommended removal of a bus Removal on stop at the location of Pomona Avenue at Sterling Pomona Avenue Avenue, to relieve pavement fatigue. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, Resolution 77-29 Resolution 77-29, being A RESOLUTION OF THE CITY COUN- CIL OF THE CITY.OF COSTA MESA, CALIFORNIA, DESIGNATING THE REMOVAL OF A BUS STOP WITHIN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Relocation of The Traffic Commission recommended the relocation of' Bus Stop on the southbound bus stop on Orange Avenue at Cabrillo Orange Avenue Street, at the request of the property owner. On motion by Vice Mayor Hammett,seconded by Councilman Resolution 77-30 McFarland, Resolution 77-30, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DESIGNATING THE RELOCATION OF A BUS STOP WITHIN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Relocation of The Traffic Commission recommended the relocation of Bus Stops on bus stops on Fairview Road at Fair Drive, Princeton Fairview Road Drive, and Merrimac Way, as a convenience to patrons. On motion by Vice Mayor Hammett, seconded by Council - Resolution 77-31 man McFarland, Resolution 77-31, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, DESIGNATING THE RELOCATION OF BUS STOPS WITHIN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Criminal History On motion by Vice Mayor Hammett, seconded by Council - 'Information man McFarland, Resolution 77-32, being A RESOLUTION OF .THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHOR - Resolution 77-32 IZING SPECIFIED CITY OFFICIALS TO SECURE STATE CRIMINAL HISTORY INFORMATION PURSUANT TO CALIFORNIA PENAL CODE PROVISIONS, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Business Permit Item 7 on the Consent Calendar, a request from Harold Oxley, International Speedway, Incorporated, International Post Office Box 3334, San Clemente, to hold motor - Speedway cycle races at the Orange County Fairgrounds on various dates in March through October, 1977, for Held Over a total of 28 racing dates, was presented. A letter has been received from the applicant requesting a continuance to the next meeting. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, this item was held over to the meeting of April 4, 1977, with the request that a police report be provided to the Council. 1 1 =1 Trailer Permit Item 9 on the Consent Calendar, a request from Henry Bell, Universal Auto Sales,.2026 Harbor Boulevard, Universal Auto Costa Mesa, to locate a temporary office trailer at Sales the above location, for a period of one year while a new facility is being constructed, was presented. At the request of Councilman McFarland, the Planning Director elaborated on the reasons for this request, stating that it is Mr. Bell's intention to demolish the existing building on the property and replace it with a new structure. The Planning Department recommends approval of the request for a period of six months and subject to various other conditions. After discussion, on motion by Councilman McFarland, seconded by Vice Mayor Hammett, and carried, the permit was approved for six months subject to condi- tions of the Building and Planning Departments, and with the added condition that the new structure be completed within this time period. R-77-08 Item 17 on the Consent Calendar, Rezone Petition R-77-08 (Partial), Costa Mesa Planning Commission, Hearing Set for permission to rezone property located at 1711 Anaheim Avenue, and 1703 Superior Avenue, from C2 to MG, in conformance with the Central Area Plan, was presented. The California Environmental Quality Act Requirements have been met by the Environmental Impact Report for the Central Area Plan accepted by Council November 5, 1974. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, this item was set for public hearing on May -2, 1977, at 6:30 p.m. in the Council Chambers of City Hall. Warrant On motion by Vice Mayor Hammett, seconded by Council - Resolution 976 man McFarland, Warrant Resolution 976 was approved by the following.roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Warrant On motion by Councilman Raciti, seconded by Council - Resolution 977 man McFarland, Warrant Resolution 977, including Payroll 7704, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Warrant On motion by Vice Mayor Hammett, seconded by Council - Resolution 978 man McFarland, Warrant Resolution 978, including Payroll 7705, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Warrant On motion by Councilman McFarland, seconded by Coun- Resolution 979 cilman Raciti, Warrant Resolution 979 was approved by the following roll call vote_: AYES: Council Members: Hertzog, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood ABSTAINING: Council Members: Hammett Claim - Henry The City Attorney presented the claim of Melinda Henry and recommended that it be denied as there Denied was no liability on the part of the City. On motion by Councilman Raciti, seconded by Council- man McFarland, and carried, the claim was denied. Claim - Allen The City Attorney presented the claim of Robert Allen and recommended that it it be denied as Denied there was no liability on the part of the City. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the claim was denied. Claim - Cantrell The City Attorney presented the claim of L. A. Cantrell and recommended that it be.denied as Denied there was no liability on the part of the City. On motion by Councilman McFarland, seconded by, Mayor Hertzog, and carried, the claim was denied. Tax Refund On motion by Councilman Raciti, seconded by Council - Suit - IBM man McFarland, Resolution 77 -33, -being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 77-33 FORNIA, AUTHORIZING THE COUNTY COUNSEL TO APPEAR AND DEFEND THE CITY OF COSTA.MESA IN CERTAIN LITIGA- TION, RELATING TO AD VALOREM PROPERTY TAXES, was adopted.by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Proposal From The City Manager presented a proposal from SUA, SUA Incorporated, 10100 Santa Monica Boulevard, Los Angles, for the redesign of the City Hall basement, Redesign of first, second, and third floors. During the dis- Portions of cussion which followed, Vice Mayor Hammett expressed City Hall concern about some of the consultant costs. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, Phases I and II, Interior Planning and Design, through Working Docu- ments, was approved in the amount of $33,000.00, and the City Manager authorized to sign said docu- ment, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood EIR - Older The City Manager recommended awarding a contract for American Housing the preparation of an Environmental Impact Report to Project and include the area between 19th Street and Newport Albertson Site Boulevard, and Park Avenue and Harbor Boulevard. On motion by Vice Mayor Hammett, seconded by Councilman Awarded Raciti, the contract was awarded to Envista Planning Envista and Environmental Sciences, 125 South Claudina Street, Anaheim, in the amount of $8,299.00, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Agreement - The City Manager presented a Joint Powers Agreement Coast Regional with the County of Orange and other public agencies Training Center to continue Coast Regional Training Center. On motion by Councilman Raciti, seconded by Councilman McFarland, the agreement was approved, the Personnel Director was designated as Costa Mesa's representa- tive, and the Mayor and Clerk were authorized to sign the agreement on behalf.of the City, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Speed Limit on The City Manger presented a proposed ordinance Paularino increasing the.speed limit on a portion of Avenue Paularino Avenue between Bristol Street and Red Hill Avenue. On motion by Vice Mayor Hammett, Ordinance 77-13 seconded by Mayor Hertzog, Ordinance 77-13, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10-331 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO ESTABLISH SPEED'LIMITS ON PAULARINO AVENUE BETWEEN BRISTOL STREET AND RED HILL AVENUE., was given first reading and passed to second reading by the follow- ing roll call vote: AYES: .Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Weed Abatement The City Manager presented a resolution to implement the.weed abatement program. On motion by Councilman Resolution 77-34 McFarland, seconded by Mayor Hertzog, Resolution Hearing Set 77-34, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND DE- CLARING THAT RUBBISH AND WEEDS WHICH BEAR SEEDS OF DOWNEY OR WINGY NATURE AND WEEDS WHICH ATTAIN SUCH A LARGE GROWTH AS TO BECOME A FIRE NUISANCE WHEN DRY, AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR DANGEROUS ARE GROWING UPON CERTAIN STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY IN THE CITY OF COSTA MESA, AND THAT THE SAME ARE A PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIGNEE TO POST NOTICES TO REMOVE SAID RUBBISH AND DESTROY SAID WEEDS AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS AND DIRECTING THE ABATEMENT THEREOF IN ACCORDANCE WITH DIVISION III OF ARTICLE 1 OF CHAPTER III, COSTA MESA MUNICIPAL CODE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Agreement - The City Manager presented a resolution and an Water District agreement to grant.a utility easement in Suburbia Park to the Costa Mesa County Water District. On motion by Councilman Raciti, seconded by Mayor Resolution 77-35 Hertzog, Resolution 77-35, being A RESOLUTION OF Utility Easement THE CITY COUNCIL OF THE CITY OF COSTA MESA, APPROV- in Suburbia Park ING AND AUTHORIZING THE EXECUTION OF.A UTILITY Approved -EASEMENT GRANTED FROM THE CITY OF COSTA MESA TO COSTA MESA COUNTY WATER DISTRICT IN SUBURBIA PARK, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Public Hearing The Clerk presented from the meeting of February 22, 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. On motion by Vice Mayor Hammett, Held Over seconded by Mayor Hertzog, and carried, the public hearing was held open to the meeting of April 18, 1977, and prior to that date, this item will be discussed in Council Study Session on April 11, 1977. Public Hearing The Clerk announced that this was the time and place Doctor's set for the public hearing to consider a Certificate Ambulance of Public Convenience and Necessity for Bruce W. Service Herren, Doctor's Ambulance Service, 17941 Ranier Denied Drive, Santa Ana. Notification of the hearing was Denied given to other certificate holders in compliance with the Costa Mesa Municipal Code. The applicant was present and spoke in support of,the request stating that he often transports patients from other cities to Costa Mesa, who then request his services on their return.trip. Mr. Herren :stated that he cannot pick up in the City without a City license. Phil Gazzo, representing Schaefer's Ambulance Service, spoke in opposition to the request stating that there is not sufficient business to warrant another ambulance service in the City. There -being no other speakers, the Mayor closed the public hearing. After discus- sion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Councilman.McFar- land voting no, and Councilwoman Smallwood absent, the request was denied. Recess The Mayor declared a recess at 8:10 p.m. and the meeting reconvened at 8:15 p.m. Public Hearing The Clerk announced that this was the time and place GP -77-1A.- set for the public hearing to consider General Plan Woods Amendment GP -77-1A, George C. Woods, Jr., 1665 Placentia Avenue, Costa Mesa, for permission to Denied amend..the land use designation of property located at 127 East 21st Street from Medium Density Residen- tial to High Density Residential. A Negative Declaration of Environmental Impact has been filed. The Affidavit of Publication is on file in the Clerk's office. One letter in opposition to the request has been received from Elizabeth K. Flink, 163 - 21st Street, Costa Mesa. The recommendation of the Planning Department and Planning Commission is for denial of the request. Basically, the reason for this recommendation is that the requested change does not appear to be compatible with the existing development. in the vicinity. Also, current planning policies would prohibit a favorable staff recommenda- tion for a zone change to a density higher than R2 ' on a parcel of this size and shape. A complete Staff Report and Anaylsis can be found in a document en- titled, "General Plan Review, February, 1977". The applicant was present and spoke in support of the request stating that he did not agree with the staff analysis with regard to.existing development. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the request was denied. Public Hearing The Clerk announced that this was the time and place GP -77-1B - set for the public hearing to consider General Plan Jerkunica Amendment GP -77-1B, Ann and Marinko Jerkunica, 690 Thalia Street, Laguna Beach, for permission to amend Denied the land use designation of property located at 421 Emerson Street, from Low Density Residential to Medium Density Residential. 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. Because of the predomineritly low density character of the surrounding neighborhood, the Planning staff recommended denial of the request. The Planning Commission concurred with this recommendation. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilman Raciti, and carried, the request was denied. - 1 i L -7 Public Hearing The Clerk announced that this was the time and place GP -77-1D set for the public hearing to consider General Plan Case 1 Amendment GP -77-1D, Case 1, Costa Mesa Planning Com- mission, for permission to amend the land use designation of property located between 1600 and 1656 Iowa Street, from Low Density'Residential to High Density Residential, and to consider initiating a rezone of said prepoerty from R4 -CP to R3 -CP. 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 staff recommended approval of the amendment to bring the General Plan and zon- ing into conformance with the existing development. The Planning Commission concurred with this recom- mendation. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded -by Councilman McFarland, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of Resolution 77-36 the law, and Resolution 77-36, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -77-1D, CASE 1, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti,.McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood On motion by Vice Mayor Hammett, seconded by Council- man McFarland, and carried, the staff was authorized to initiate a rezone of said property from R4 -CP to R3 -CP. Public Hearing The Clerk announced that this: was the time and place GP -77-1D set for the public hearing to consider General Plan Case 2 Amendment GP -77-1D, Case 2, for permission to amend the land use designation of property located north- west of Mesa Verde Drive West and northeast of Club House Road, Country C1ub.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 Environ- mental Impact has been filed. The Affidavit of Publication is on file in the Clerk's office. Communications in opposition to the request have been received from the following Costa Mesa resi- dents: Stanley Meyer, 3030 Club House Circle; and Richard and Mildred Wilson, 3063 Club House Circle. The Planning staff recommended approval of the request and that a rezone petition be initiated to change the property from R4 -CP to R2 -CP. This would be compatible with the existing development of the subject property. The Planning Commission has concurred with this recommendation. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the Resolution 77-37 requirements of the law, and Resolution_ 77-37, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -77-1D, CASE 2, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted,by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood 58 On motion by.Vice Mayor Hammett, seconded by Council- man McFarland, and carried, the staff was authorized to initiate the rezone of said property from R4 -CP to R2 -CP. Public Hearing The Clerk announced that this was the time and place GP -77-1D set for the public hearing to consider General Plan Case 3- Amendment GP -77-1D, Case 3, to consider initiating a rezone of property located at 2775 Mesa Verde Drive East from C1 -CP and R2 -CP -to R3 -CP. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning staff recommended approval of the request in order to bring the zoning classification into conformance with the General Plan designation -and use of the subject property. The Planning Commission has concurred with this recommendation. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Mayor Hertzog, and carried, the staff was authorized to initiate a rezone of said property from C1 -CP and R2 -CP to R3 -CP. Public Hearing The Clerk announced that this was the time and place GP -77-1D set to considerGeneral Plan Amendment GP -77-1D, Case Case 4 4, to consider initiating a rezone of property located at the southern terminus of Alabama Circle, from R1 to I and R. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning staff recommended approval of the request to bring the zoning designation of the property into conformance with the current use of the property. The Planning Commission has concurred with this recommendation. There being no speakers, the Mayor closed the public:hearing. On motion by Vice Mayor Hammett, seconded -by Mayor Hertzog, and carried, the staff was authorized to initiate a rezone of said property from RI to I and R. Business Permit The Clerk presented a Notice of Intention to Solicit - Civic and for Charitable Purpose from Civic and Community Con - Community Fund cern, Incorporated, doing business as Your Community Fund, Lee Riggs, President, 1442-D West Collins Held Over Avenue, Orange, by sale of tickets to the Horse Jamboree and Celebrity Show to be held at the Orange County Fairgrounds on May 22, 1977. Dates requested for solicitation are from March 10 through.May 22, 1977. The applicant was present and described more fully the nature of this event. A motion by Vice Mayor Hammett, seconded by Councilman Raciti, to approve the request, was later withdrawn. During the discussion which followed, the City Manager expressed concern that the name of "Your Community Fund" would be mistakenly connected with the United Way Agency, and thereby be misleading to the public. Based on l this concern as well as the desire for additional information, Councilman Raciti made a motion, seconded by Councilman McFarland, and carried, to hold this item to the meeting of April 4, 1977, with the request for further investigation and a recom- mendation from the staff. Trailer Permit The Clerk presented a request from Lorel A. Ungureanu, - Ungureanu 8081 Holland Circle, Apartment 3-H, Huntington Beach, to install a temporary trailer on Newport Boulevard Denied near its intersection with Victoria Street, to, be used as a car sales office for a period of one year. The Planning Department recommended denial of the request, and that any development on this site be of a perma- nent nature in conformance with applicable development standard's. The applicant was not present. On motion by Councilman McFarland, seconded by Vice Mayor Hammett, and carried, the permit was denied. Development The Clerk presented a proposed interim ordinance to Freeze be adopted.as an urgency measure prohibiting all uses in a general area between Palace Avenue, Pomona Avenue, 19th Street, and Hamilton Street, and an area north of Bernard Street on the east side of Maple Avenue. The Planning staff is proposing this measure due to an upcoming rezone proposal and devel- opment study in this area. The Planning Commission has recommended approval of the ordinance. Jeff Bertuleit and J. R. Davies, spoke in opposition to the ordinance for the reason that they are in the process of developing a project in this area which they feel should be exempted from the proposed development freeze. Vice Mayor Hammett felt that any projects in the subject area which are on this agenda should be considered on their own merits before the proposed ordinance is acted upon, and therefore made a motion, seconded by Councilman Raciti, and carried, to trail this item to the end of the agenda. During the discussion later in the evening, an amendment to the ordinance was suggested as follows: any permits that have already been approved by the City Council for previous projects would be exempted from the urgency freeze, and any other projects that may al- ready have been filed with the Planning Commission, but have not yet been considered by either the Commission or Council, if approved by the Commission and Council, will be .exempted as well. On motion by Urgency Vice Mayor Hammett, seconded by Councilman Raciti, Ordinance 77-14 Ordinance 77-14, being AN ORDINANCE OF THE CITY Adopted- COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PRO- HIBITING USES WHICH MAY BE IN CONFLICT WITH A CONTEMPLATED ZONING PROPOSAL IN THE GENERAL AREA BETWEEN PALACE AVENUE, NINETEENTH STREET, POMONA AVENUE, AND HAMILTON STREET, AND BETWEEN BERNARD STREET, CHARLE STREET, MAPLE AVENUE, AND HAMILTON STREET, DECLARING SAID ORDINANCE TO BE AN URGENCY ORDINANCE AND SETTING FORTH REASONS THEREFOR, was adopted subject to the foregoing amendment, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood ZE-77-17 The Director of Planning presented an application for Balinski Zone Exception ZE-77-17, Rosemarie Balinski, 2322 Margaret Drive, Newport Beach, for a Conditional Use Permit to conduct classes in a commercial building with a variance from required parking, in a C2 zone located at 350 East 17th Street, Room 222. 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 to answer questions from the Council. On motion by Councilman Raciti, seconded by Councilman McFarland, 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-77-21 The Director of Planning presented an application for Nourse Zone Exception ZE-77-21, Peter Nourse, 901 Dover Drive, Suite 110, Newport Beach, for a Conditional Use Permit to construct six apartment units with a variance for five percent density deviation (2,852 square feet per unit), in an R2 -CP zone located at 763 West 19th Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. One communication inopposition to the request has been received from Mr. and Mrs._ D. R. Sullivan, 768 Center Street, Costa Mesa. The applicant was present and agreed to the conditions, but did express his opinion that the Fire Department requirements.were.rather extensive for such a small project. After discussion, onmotion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the Negative Declaration of Environ- mental Impact was accepted as meeting the require- ments of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-77-28 The Director of Planning presented an application for Sproul Zone Exception ZE-77-28, Harold R. Sproul, 716 Mari- gold Avenue, Corona del Mar, for a variance to construct three apartment units with a 6.6 percent density deviation (2,800 square feet per unit), in an R2 zone located at 245 Mesa Drive. An Exempt Declar- ation 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 but asked to substitute the material used in the exterior siding. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman Raciti, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission, with the applicant's request to be handled at the discretion of the Planning Director. ZE-77-29 The Director of Planning presented an application for Davies Zone Exception ZE-77-29, John R. Davies, 1720 Gary, Suite 118, Irvine, for a Conditional Use Permit to construct five apartment units (1,638 square feet per unit), with variances to encroach into the required side setback and to reduce required building separa- tion, in an R4 -CP zone located at 769 Hamilton Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended denial based on the finding that the proposed plan is inconsistent with the intent of the setback ordinance. The Planning Commission also found that the traffic on Palace Avenue, adjacent -to this property, indicates the need to upgrade the status of Palace Avenue from an alley to a public street. The proposed development would interfere with such a plan. Jeff Bertuleit was present representing the applicant and agreed to the conditions. During the discussion which followed, it was learned that considerable right-of-way is yet to be acquired to improve Palace Avenue. Based on the opinion that this project will be a considerable upgrading of this area, Vice Mayor Hammett made a motion, seconded by Councilman Raciti, and carried, accepting the Negative Declaration of Environmental Impact as meeting the requirements of the law, and approving the application subject to all conditions of the various City departments, and including those of the Fire Department. ZE-77-30 The Director of. Planning presented an application for Herrick Zone Exception ZE-77-30, John P. Herrick, 708 Mar- guerite Avenue, Corona del'Mar, for a variance to allow a 16 -foot wide driveway in the construction of four apartment units, in an 12 zone located at 165 Monte Vista Avenue. An Exempt Declaration of Environmental'Impact has been filed. The Planning Commission recommended approval.subject to conditions. No communications have been received. The applicant was present and agreed to the conditions with the exception of Condition No. 19, concerning the up- grading of a fire hydrant. After discussion, on motion by Councilman McFarland, seconded by Vice Mayor Hammett, and carried, Councilman Raciti voting. no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission, with the exception of Condition No. 19, which was deleted. ZE-77-31 The Director of Planning presented an application for Robinson Zone Exception ZE-77-31, Ken G. Robinson, 333 Via Lido Soud, Newport Beach, for a Conditional Use Denied Permit to construct six apartment units in conjunction with two existing units to meet CP standards, in an R3-CP zone located at 1916 Wallace Avenue. A Nega- tive 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 Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the application was denied. ZE-77-32 The Director of Planning presented an application for Knipp Zone Exception ZE-77-32, Harold S. Knipp, 247 East 23rd Street, Costa Mesa, for a Conditional Use Permit to continue use of an existing residence and two-car garage while constructing a new home on the same property, 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 with the exception of Condition No. 6, but later agreed to this condition. After discussion, on motion by Vice Mayor Hammett, seconded by Mayor 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. Vice Mayor Vice Mayor Hammett left the meeting briefly at this Hammett point and therefore did not participate in the voting Leaves on the next two items. ZE-77-33 The Director of Planning presented an application for Gesler Zone Exception ZE-77-33, Michael G. Gesler, 1451 East Irvine Boulevard, Tustin, for a Conditional Use Permit Referred Back to construct a 2,860 square foot drive-through fast to Planning food restaurant, with variances from required building Commission setback and front landscape setback, in a C1-CP zone located at 3150 Harbor Boulevard. A Negative Declara- tion of Environmental Impact has been filed. The Planning Commission recommended denial. Communica- tions in opposition to the request have been received from the following Costa Mesa residents: Mr. and Mrs. James W. Marron, 1430 Shamrock Lane; and L. V. Olson, 3196 Chemin de Fer Way. The Planning Director indicated that the applicant will be submitting new plans for this project and recommended the application .be 're,turned to the Planning Commission. On motion by C6uncilman McFarland, seconded by Mayor Hertzog, and carried.';-Vice Mayor Hammett absent, this item was returned to "the'Planning Commission. ZE-77-35 The Director 6f`Planning presented an application for Russo Zone Exception ZE=77-35, Anthony Russo, 386-A Ogle Street, Costa Mesa, for a Conditional Use Permit to allow outdoor seating (four tables, eight chairs), for an existing take-out delicatessen, in a C2 zone located at 369 East 17th Street, Suite 15. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions for a total seating capacity of ten persons. The applicant was present and agreed to the conditions. On motion by Councilman Raciti, seconded by Councilman McFarland, and carried, Vice Mayor Hammett absent, 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-77-36 The Director of Planning presented an application for Viotto Zone Exception ZE-77-36,. Peter A. Viotto, 1068 Salva- dor Street, for a variance to construct a wall sign Held Over and ground sign exceeding maximum sign area and height, in a C1 -CP zone located at 3130 Harbor Boule- vard. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications have been received. The applicant was present to answer questions from the Council. During the lengthy discussion which followed,'no agreement could be reached with regard to the signing. On motion by Vice Mayor Hammett, seconded by Mayor Hertzog, and carried, this item was held over to the meeting of April 4, 1977, to provide the applicant an opportunity to consult further with the Planning Department staff. Oral Keith Gordon, 839 Lawrence Drive, Newberry Park, Communications submitted an application for a Business Permit for a one -day art sale at the Orange County Fairgrounds April 2, 1977. The City Manager recommended approval of the permit subject to the usual requirements of the Revenue Division for a City license and temporary sales permit from the State Board of Equalization. On motion by Vice Mayor Hammett, seconded by Council- man McFarland, and carried, the permit was approved as recommended by the City Manager. Councilmanic Councilman.McFarland extended good wishes to Mayor Comments Hertzog for a successful year ahead, and thanked former Mayor Raciti for his dedicated work during the past year. Vice Mayor Hammett expressed concern with the in- creasing involvement of government in certain areas. Mayor Hertzog expressed appreciation to former Mayor Raciti for a good year. Adjournment The Mayor adjourned the meeting at 11:07 p.m. i ay r of City of" esa ATTEST: City Clerk of -the City of Costa: M a 1 1