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HomeMy WebLinkAbout04/04/1977 - City Council1 �I 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 4, 1977 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., April 4, 1977, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Pastor Donald E. Bibler, Harbor Assembly of God Church. Roll Call Council Members Present: Hertzog, Hammett, Raciti, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, Assistant City Attorney, Director of Planning, Director of Public Services/City Engineer, City Clerk Minutes On motion by Vice Mayor Hammett, seconded by Council - March 21, 1977 woman Smallwood, and carried, the Minutes of the regular meeting of March 21, 1977, were approved as distributed and posted as there were no corrections. Presentation Hank Panian gave a slide presentation describing Bicentennial his historic trip in commemoration of the United Commemoration States Bicentennial. Mr. Panian traveled as Costa Mesa's official representative visiting various historic regions including Rutland, Vermont; Paris, France; and Dorset County in England. In Paris, France, a wreath was laid on the tomb of the Marquis de Lafayette in appreciation to the French people _ for their aid during the American Revolution. In Dorset County, England, a bench made of Purbeck stone was built and presented to the Dorset County Council from the City of Costa Mesa to mark the Bicentenary. Mr. Panian presented some mementos sent back from England including an early map of Dorset County, a Resolution of Appreciation from the Dorset County Council, and a letter from Carl Albert and Lord Digby also in appreciation of Costa Mesa's commemorative events. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, Resolu- Resolution 77-40 tion 77-40 being, A RESOLUTION OF THE CITY COUNCIL In Appreciation OF THE CITY OF COSTA MESA, CALIFORNIA, IN APPRECIA- to Henry Panian TION TO PROFESSOR HENRY PANIAN FOR HIS PART IN THE CITY OF COSTA MESA'S PARTICIPATION IN OUR NATION'S BICENTENNIAL CELEBRATION, was adopted by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Proclamation On motion by Vice Mayor Hammett, seconded by Mayor B'nai B'rith Hertzog, and carried, a proclamation declaring the Women Con- week of May 1 through 7, 1977, as B'nai B'rith vention Week Women Convention Week, was approved. Ordinances On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, all ordinances will be read by title only. LL o i0l Speed Limit On motion by Councilwoman Smallwood, seconded by on Paularino Councilman Raciti, Ordinance 77-13 being, AN Avenue - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10-331 OF THE Ordinance 7.7-13 MUNICIPAL CODE OF THE CITY OF COSTA MESA TO ESTAB- Adopted LISH SPEED LIMITS ON PAULARINO AVENUE BETWEEN BRISTOL STREET AND RED HILL AVENUE, was adopted by the follow- ing -roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Business Permit The Clerk presented from the meeting of March 21; 1977, - Civic and a Notice of Intention to Solicit for Charitable Purpose Community Concern/ from Civic and Community Concern, Incorporated, doing Lee Riggs business as Your Community Fund, Lee Riggs, President, 1442-D West Collins Avenue, Orange, by telephone sale Denied 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 to answer questions from the Council with regard to the Corporation's budget and tax status as well as other questions relating to the operation of this organiza- tion. After lengthy discussion, on motion by Council- man Raciti, seconded by Councilwoman Smallwood, and carried, Councilman McFarland voting no, the request was denied. On further motion.by Councilman Raciti, seconded by Councilman McFarland, and carried, Council- woman Smallwood voting no, a one -day permit for the Horse Jamboree and Celebrity Show, was approved. Business Permit The Clerk presented from the meeting of March 21, 1977, - International a business permit application from Harold Oxley, Speedway International Speedway, Incorporated, Post Office Box ` 334, San Clemente, to hold motorcycle races at the Orange County Fairgrounds on various dates in March through October, 1977, for a total of 28 racing dates. A copy of a petition has been received containing 55 signatures objecting to the motorcycle races because of the noise level created by these events. The applicant was present to answer questions from the Council and agreed to cooperate in any way possible to alleviate complaints from the neighboring residential areas. Eugenia'Deats addressed the Council as the circulator -of the petition previously submitted and spoke in opposition. Herbert Ahn also expressed objections stating that the loud speaker system is the main problem. Vice Mayor Hammett agreed that the sound system is the main cause for complaint and felt that unless this is corrected to the satisfaction of the citizenry, this event should be discontinued. On this basis, a motion was made -by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, to establish a committee consisting of himself and the Chief of Police to review complaints arising from the motorcycle races. On further motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Councilwoman Smallwood voting no, the permit was approved for one year subject to the condition that if the committee receives three justified complaints this will be sufficient cause to discontinue the motorcycle races. ZE-77-08 The Clerk presented from the meeting of February 22, Edwards 1977, an application for Zone Exception ZE-77-08, Interiors Edwards.Interiors, 1231 Camino del Rio Avenue, San Diego, for a variance to allow three wall signs, i 1 1 exceeding maximum letter heights and placed in loca- Community The Clerk.presented a request from the Community Development Development Committee to fill vacant positions on Committee the Committee. On motion by Councilwoman Smallwood, Appointment seconded by Councilman McFarland, and carried, Joan Margol was appointed as a regular voting member of this committee. The Mayor announced that any inter- ested citizens are encouraged to submit applications to the City Manager for vacancies which exist on this committee, as well as the Traffic Commission and Beautification Committee. Boys' Club The Clerk presented from the meeting of February 7, of the 1977, a request from the Boys' Club of the Harbor Harbor Area Area, Post Office Box 297, Costa Mesa, for assistance in locating a suitable site on the west side of Costa Mesa for relocation of the Central Branch. A subse- quent communication dated March 10, 1977, has been received from the Boys' Club stating that projected school enrollment over the next five years indicates that a facility on the west side would not be justi- fied or economically advisable. Councilman McFarland read this letter in its entirety for the benefit of the public. Councilman Raciti expressed his strong opinion that a Boys' Club is very much needed on the west side of the City and should remain there. After discussion, on motion by Councilman McFarland, seconded by Vice Mayor.Hammett, and carried, Council- man Raciti voting no, the letter dated March 10, 1977, was received for the record and no further action taken. tions on the wall not permitted by code, in a C1 zone located at 3089 Bristol Street. An Exempt Declaration of Environmental Impact has been filed. Jim Rowe, representing the applicant was present to answer questions from the Council with regard to the revised plans which have been submitted. Councilman McFarland spoke in opposition to the request stating his opinion that signage is for identification not advertising. During the discussion which followed the applicant was asked which building exposure was felt to be the most critical for signing purposes. The applicant responded that this would be the northerly exposure. After further discussion, on motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, Council Members Raciti and McFarland voting no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and approval given for the following signage: one ground sign, and one wall sign on the north elevation with 42 -inch letters, subject to the condition that this approval is in lieu of any wall sign that might otherwise be placed on the east elevation. Vice Mayor Vice Mayor Hammett left the meeting.briefly at Hammett Leaves 7:50 p.m., and therefore did not participate in the voting on the next two items. ZE-77736 The Clerk presented from the meeting of March 21, Viotto 1977, an application for Zone Exception ZE-77-36, Peter A. Viotto, 1068 Salvador Street, Costa Mesa, Held Over for a variance to construct a wall sign and ground sign which exceed the maximum sign area and height, in a C1 -CP zone located at 3130 Harbor Boulevard. An Exempt Declaration of Environmental Impact has been filed. A letter has been received from the applicant requesting a continuance to the next meeting. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, this item was held over to the meeting of April 18, 1977. Community The Clerk.presented a request from the Community Development Development Committee to fill vacant positions on Committee the Committee. On motion by Councilwoman Smallwood, Appointment seconded by Councilman McFarland, and carried, Joan Margol was appointed as a regular voting member of this committee. The Mayor announced that any inter- ested citizens are encouraged to submit applications to the City Manager for vacancies which exist on this committee, as well as the Traffic Commission and Beautification Committee. Boys' Club The Clerk presented from the meeting of February 7, of the 1977, a request from the Boys' Club of the Harbor Harbor Area Area, Post Office Box 297, Costa Mesa, for assistance in locating a suitable site on the west side of Costa Mesa for relocation of the Central Branch. A subse- quent communication dated March 10, 1977, has been received from the Boys' Club stating that projected school enrollment over the next five years indicates that a facility on the west side would not be justi- fied or economically advisable. Councilman McFarland read this letter in its entirety for the benefit of the public. Councilman Raciti expressed his strong opinion that a Boys' Club is very much needed on the west side of the City and should remain there. After discussion, on motion by Councilman McFarland, seconded by Vice Mayor.Hammett, and carried, Council- man Raciti voting no, the letter dated March 10, 1977, was received for the record and no further action taken. -lob CONSENT CALENDAR.. The following items were removed from the.Consent'Calendar: Item 1, a letter from M. M. LaBorde, concerning the construction of a 7-11 Market; Item 3, .a business permit application from James J. Jeffers; Item 7,'a solicitation request from the Yoga Center and Spiritual World Society; and Item 22(a),.Bid Item No. 346. 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, Smallwood NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Claims The following claims were received by the City Clerk and no action is required: P. B. Wort - man; Attorney Robert A. Foster II on behalf of William Sines; and Eva R. Schneider. Public Decision No. 87024 from the Public Utilities Utilities Commission on Application No. 55575 filed by Commission The Pacific Telephone and Telegraph Company, for a permanent tariff covering the offering of 801A Dial PBX Service. Officer Hogan A letter from Mrs. Joyce Martin commending Commended Police Officer Hugh Hogan. . Vector Control 1976 Annual Report from the Orange County District Vector Control District. Alcoholic Alcoholic Beverage License applications for Beverage < which parking has been approved by Planning: Licenses Barbara and Ronald Olson, doing business as Al's Reef, 820 West 19th Street; Arthur J. Johnson, Jr., doing business as Spirit Shoppe, 2802 Newport Boulevard; Cosek Enterprises, End - doing business as Denver Mining Company, 719 - Reading Folder 21-23 West 19th Street. Business Permits A request from Allen Alevy, Atlas Greater Shows, 4358 Via Largo, Cypress, to hold a carnival at the Atlas Greater Harbor Shopping Center, 2300 Harbor Boulevard, on Shows the following dates:. April 7 through April 10, 1977, and September 16 through 18, 1977, was approved sub- ject to one condition of the Police Department. Costa Mesa A request from Virginia B. Kling, Costa Mesa Art Art League League, Post Office Box 1704, Costa Mesa, to hold outdoor art exhibits at Westport Square, 369 East 17th Street, on the following dates: April 15-16; May 20-21; June 17-18; July 15-16; August 19-20; September 16-17; October 14-15; November 18-19; and December 16-17, 1977; was approved for the April, May, and October dates. St. Jude's A Notice of Intention to Solicit for Charitable Children's Purpose from St. Jude's Children's Research Research Hospital Foundation, Incorporated, 291 South Hospital La Cienega Boulevard, No. 211, Beverly Hills, by volunteers soliciting pledges, March 21 through May 31, 1977, in connection with a Skate -A -Thou to be held April 7, 1977, at the Ice Capades Chalet, 2701 Harbor Boulevard, was approved with application of Section 9-234J, and subject to one condition of the Revenue Division. 1 1 c� Refunds On recommendation by the Leisure Services Director, a refund of $12.00 to Mrs. Robert L. Gardner, 2845 Gardner Ellesmere Avenue, Costa Mesa, on Receipt No. 12835, for an ice skating class that could not be attended, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Lindsey On recommendation by the Building Safety Director, a refund of $4.25 to Gordon W. Lindsey, 1925 Anaheim Avenue, Costa Mesa, on Plumbing Permit•No. 70222, as applicant requested cancellation, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None J. H. Gregory On recommendation by the Building Safety Director, Construction a refund of $400.00 to J. H. Gregory Construction Company, 1919 Newport Boulevard, Costa Mesa, on Building Permits 43617, 43620, 43622, and 43624, due to overpayment, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Shapiro On recommendation by the.Planning Department, refund of $1,000.00 to Art Shapiro, 5317 River Avenue, New- port Beach, in connection with Zone Exception ZE-76-57,.Building Permit 42167, as conditions have been completed for the project at 2046 Maple Avenue, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ZE-77-50 Withdrawal of Zone Exception ZE-77-50, Don E. Porter, Porter 621-1/2 Narcissus, Corona del Mar, for permission to construct a.commercial center with a variance from Withdrawn the required.landscape setback, in a C1 -CP zone located at 2750 Bristol Street, was approved as recommended by the Planning Commission. Construction Bids received for the Construction of Ogle Street of Ogle Street Park are on file in the Clerk's office. On motion Park by Vice Mayor Hammett, seconded by Councilman McFarland, the bid was awarded to Valley Crest Awarded Landscape, Incorporated, 1920 South Yale Street, Valley Crest Santa Ana, in the amount of $117,364.41, being the Landscape lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Lease Agreement - On motion by Vice Mayor Hammett, seconded by Council - Theodore Robins man McFarland, a lease agreement with Theordore Robins Leasing Company, for the leasing of Police vehicles, was ratified, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: 1168 AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Destruction On motion by Vice Mayor. Hammett, seconded by Council - of Police man McFarland, Resolution 77-41, being A RESOLUTION Records OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHOR- IZING RECORDS DESTRUCTION FOR THE POLICE DEPARTMENT Resolution 77-41 OF THE CITY OF COSTA MESA PURSUANT TO ORDINANCE NUM- BER 75-60, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Revised Revisions to the approved application for Housing Application and Community Development Act Grants, were pre- HCDA Grants sented. These revisions were necessary to reduce the allocation for indirect costs in accordance with HUD requirements. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the revisions were approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Harbor Bids received for the Construction of Street Boulevard Improvements for Harbor Boulevard Right -turn Pocket Right -turn at Adams Avenue, are on file in the Clerk's office. Pocket at On motion by Vice Mayor Hammett, seconded by Adams Avenue Councilman McFarland, the bid was awarded to R. J. Noble Company, 15505 East Lincoln Avenue, Orange, Awarded in the amount of $12,400.81, being the lowest bid R. J. Noble meeting specifications, by the following roll call Company vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT:' Council Members: None Agreement - On motion by Vice Mayor Hammett, seconded by Council - County of Orange man McFarland, an agreement between the City and the County of Orange, for the Victoria Street widening Victoria Street between the Santa Ana River and Canyon Drive, Widening Arterial Highway Financing Program Project No. 870, AHFP 870 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, Smallwood NOES: Council Members: None ABSENT: Council Members: None Placentia On motion by Vice Mayor Hammett, seconded by Council - Avenue man McFarland, Resolution 77-42, being A RESOLUTION Improvements OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- AHFP 516 FORNIA, REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATED FUNDS FOR ARTERIAL HIGHWAY FINANCING Resolution 77-42 PROGRAM PROJECT NO. 516; PLACENTIA AVENUE, was adopted by the following roll call vote: 1 1 1 AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Road and Street A Road and -Street Construction Progress and Needs Construction Report was presented for approval and transmittal Report to the Department of Transportation as required by the Street and Highways Code. On motion by Vice On motion by Mayor Hammett; seconded by Councilman McFarland, Resolution 77-43 Resolution 77-43, being A RESOLUTION OF THE CITY A-1 Equipment COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Rentals APPROVING THE REPORT ON ROAD AND STREET CONSTRUC- being the lowest TION AND NEEDS PURSUANT TO SECTION 2156, STREETS bid meeting specifications, by AND HIGHWAYS CODE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, AYES: Council Members: Raciti, McFarland, Smallwood Raciti, McFarland, NOES: Council Members: None ABSENT: Council Members: None Notice of The Repair of the Pool at the Downtown Community Completion- Center has been completed by D. H. R. Construction Repair of Pool Company, 4761 Lincoln Avenue, Cypress, California, at Downtown to the satisfaction of the Director of Leisure Community Services. On motion by Vice Mayor Hammett, Center seconded by Councilman McFarland, the work was ZE-77-15 accepted, the Clerk was authorized to file a and traffic flow Notice of Completion, and the bonds were ordered exonerated 35.days after the Notice of Completion has been filed, by the following.roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 348 Bids received for Bid Item No. 348, for the Fertilizer Furnishing and Spreading of 53 Tons of Fertilizer, are on file in the Clerk's office. On motion by Awarded Vice Mayor Hammett, seconded by Councilman Robinson McFarland, the bid was awarded to Robinson Fer- Fertilizer tilizer Company, 119 North Olive Street, Orange, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 349 Bids received for Bid Item No. 349, for Furnishing Equipment Rental of Rental Equipment to be used by City Employees, are on file in the Clerk's office. On motion by Awarded Vice Mayor Hammett, seconded by Councilman McFar- A-1 Equipment land, the bid was awarded to A-1 Equipment Rentals, Rentals 11151 Beach Boulevard, Stanton, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ,Construction of Item 1 on the Consent Calendar, a letter from M. M. 7711 Market LaBorde, 220 East 17th Street, Suite B, Costa Mesa, ZE-77-15 requesting further study of parking and traffic flow JL0 prior to issuance of a building permit, on the pro - Referred to posed construction of a 7-11 market at the corner Planning of East 17th Street and Orange Avenue, in connection Department with ZE-77-15, was presented. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, this item was referred to the Planning Department for study with the request that plot plans be made available showing the flow of traffic. Business Permit Item 3 on the Consent Calendar, a request from James J. Jeffers, Diamond Jim's, 1170 Baker Street, Diamond Jim's Costa Mesa, for a dance permit at that address, was presented. Mayor Hertzog made the comment that no problems are anticipated with this request from a noise standpoint. On motion by Councilman McFarland, seconded by Councilman Raciti, and carried, the permit was approved for one year subject to one condition of the Revenue Division. Business Permit Item 7 on the Consent Calendar, a Notice of Intention to Solicit for Charitable Purpose from The Yoga Center and Spiritual World Society, 445 Yoga Center East 17th Street, Costa Mesa, by various fund and Spiritual raising activities, i.e., bake sales, table tennis World Society exhibitions, etc, from February 25 through December 31, 1977, was presented. Thomas W. Burton, 1501 Westcliff Drive, Newport Beach, was present repre- senting the applicant and was asked if a shorter duration for this permit would be acceptable, Mr. Burton responded that it would. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the permit was approved with applica- tion of Section 9-234J, for a period of 90 days. Bid Item 346 Item 22(a) on the Consent Calendar, Bid Item 346, Weed Abatement Labor and Equipment to Abate the'Weeds and Rubbish on Selected Vacant Lots within the City of Costa Awarded Mesa, was presented. Bids received are on file in Gary's Lot the Clerk's office. Herbert Ahn asked for clari- Cleaning fication between this item and the upcoming public hearing for weed abatement. After discussion, on motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, the bid was awarded to Gary's Lot Cleaning Service., 222 East 220th Street, Carson, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Vice Mayor Hammett, seconded by Council - Resolution 980 woman Smallwood, Warrant Resolution 980, including Payroll 7706, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilwoman Smallwood, seconded by Resolution 981 Councilman McFarland, Warrant Resolution 981; was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Claim - Entrex The Assistant City Attorney presented the claim of Entrex, Incorporated, and recommended that it be Denied denied as 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 - Page The Assistant City Attorney presented the claim of Michael Page and recommended that it be denied as Denied there was no liability on the part of the City. On motion by Councilman Raciti, seconded by Councilman McFarland, and carried, the claim was denied. Claim - Wenz The Assistant City Attorney presented the claim of Chairon J. Wenz and recommended that it be denied Denied as there was no liability on the part of the City. On motion by Councilman McFarland, seconded by Councilman Raciti, and carried, the claim was denied. Claim - Mata The Assistant City Attorney presented the claim of Orlando Mata and recommended that it be denied as Denied there was no liability on the part of the City. On motion by Councilman Raciti, seconded by Councilman McFarland, and carried, the claim was denied. Claim - Grat The Assistant City Attorney presented the claim of Darlene Grat and recommended that it be denied as Denied there was no liability on the part of the City. On motion by Councilman Raciti, seconded by Councilman McFarland, and carried, the claim was denied. Sale of Surplus The next item, concerning the sale of surplus prop - Property erty located at the San Diego Freeway and Harbor Boulevard, was removed from the Agenda for two Held Over weeks to the meeting of April 18, 1977. Coles Agreement The City Manager recommended that the agreement with Rescinded Robert and Sinee.Coles be rescinded in order to meet a HUD requirement for competitive selection of a Senior Citizens developer for the Senior Citizens. Housing Project. Housing Project On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, a rescission agree- ment was approved, and the Mayor and Clerk authorized to sign on behalf of the City. Public Hearing The Mayor announced that this was the .time and place GP -77-1C set for the public hearing for General Plan Amend - Bush ment GP -77-1C, Phillip L. Bush, 20442 Craimer Lane, Huntington Beach, for permission to amend the land Denied use designation of property located at the western terminus of Lanai Drive, from Golf Course to Low Density Residential. A Negative Declaration of Environmental Impact has been filed. The Affidavit of Publication is on file in the Clerk's office. The Planning Commission received 46 petitions containing 1,355 signatures in opposition to the request. Additionally, 84 letters have been received in opposition, and 4 in favor. Doug Clark of the Planning Department presented the staff's recommenda- tion for approval of the request based on the opinion that this is compatible with the adjacent land uses and a continuation of the single-family Rl neighbor- hood. It was further felt that the protection of views would appear to be a private matter between the homeowners, developer, and management of the Mesa Verde Country Club. The Planning Commission recom- mended denial of the request. The applicant was present and spoke in support of the request stating his opinion that the Planning Commission decision was greatly influenced by public outcry and not based on the equities or right and wrong of the situation. Mr. Bush further stated the opinion 16-7 that his property does not fall within the definition of open space to be used for public purposes and felt that he should not be prevented from developing his property just because he is outnumbered by opposing viewpoints. John O'Brien, 1920 Lanai Drive, Costa Mesa, representing the Mesa Verde Homeowners Assoica- tion, spoke in opposition to the request for various reasons including, (1) the General Plan Amendment is not specific in the number of residences that would be permitted and it is feasible that it could be as many as eight, even though the applicant has indicated a lesser number, (2) open space integrity of the golf course should be maintained, (3) adjoining properties would stand to lose their golf course views, and (4) a great many residents are opposed to the project. Other opponents who spoke in opposition to the amend- ment for similar reasons were: Frank Michelana, 1918 Kauai Avenue; John Barbarino, 1992 Kornat Drive; Verlyn Marth, 3197 Cape Verde Place; and James Burton, 3189 Cape Verde Place. Donald Smith, 1771 Hummingbird Drive, spoke briefly regarding a meeting of the home- owners and how many were in opposition to the proposal. There being no other speakers, the Mayor closed the public hearing. During the discussion which followed, Councilman Raciti and Vice Mayor Hammett expressed support for the position of the homeowners in this community in their desire to maintain the existing environment. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried unani- mously, the request was denied. On further motion by Vice Mayor Hammett, seconded by Councilwoman Small- wood, and carried, the findings of the Planning Commission were incorporated into the previous motion. Public Hearing The Mayor announced that this was the time and place Underground set for the public hearing to consider the formation Utility District of Underground Utility District No. 10, on Baker No. 10 Street, from the East Frontage Road of the Newport Freeway to Randolph Avenue.. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. Roy Parsons, 1958 Port Carney Place, Newport Beach, owner:of property at 630-636 Baker Street, expressed the concern that this would be a financial burden on him. The Director of Public Services explained the project more fully to Mr. Parsons and indicated that Mr. Parsons would have some amount of time to prepare for the financial out- lay. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, Resolution 77-39 seconded by Councilman Raciti, Resolution 77-39, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER TEN ON BAKER STREET FROM THE EAST FRONTAGE ROAD OF THE NEWPORT FREEWAY TO RANDOLPH STREET, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Mayor announced that this was the time and place Weed Abatement set for the public hearing for Weed Abatement. No communications have been received. Herbert Ahn, owner of property at 2575 Elden Avenue, and W. M. Fassell, owner of property at 1997 Church Street, stated that their lots are kept clear and free from weeds. The City Manager advised these property owners to contact the Fire Marshall in this regard. There being no other speakers, the -Mayor closed the public hearing. On motion by Councilwoman Smallwood, 1 1 1 Resolution 77-34 seconded by Councilman Raciti, Resolution 77-34, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE OF THE CITY OF COSTA MESA TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett,. Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Mayor announced that this was the time and place SP -76-03 set for the public hearing for Specific Plan SP -76-03, Costa Mesa Planning Commission, for property located Held Over east of Fairview Road, between Sunflower Avenue and the San Diego Freeway, and south of Sunflower Avenue and east of Smalley Road. 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 Mayor indi- cated that the Council wishes to have a Study Session on this item and the two following items before action is taken. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the public hear- ing was held open to the meeting of May 16, 1977, with a Study Session to be held approximately one week prior to this date. Public Hearing Rezone Petition R-76-62, Costa Mesa Planning Commis - R -76-62 sion, for permission to rezone property extending approximately 630 feet east of Fairview Road between Held Over Sunflower Avenue and the San Diego Freeway, from Cl and C2 to PDR -MD, and the property located approxi- mately 1,200 feet east of Fairview Road and south of Sunflower Avenue, from Al to PDR -LD, was presented. A Negative Declaration of Environmental Impact has been filed. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the public hearing was held open to the meeting of May 16, 1977, with a Study Session approximately one week prior to this date. Public Hearing Rezone Petition R-77-05, Costa Mesa Planning Commis - R -77-05 sion, for permission to rezone property located south of Sunflower Avenue and east of Smalley.Road, Held Over from Al to R1, into conformance with the General Plan and Specific Plan SP -76-03, was presented. The California Environmental.Quality Act requirements have been.met by the Environmental Impact Report for GP -76-3D accepted by Council November 15,.1976. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, the public hearing was held open to the meeting of May 16, 1977, with a Study Session approximately one week prior to this date. Public Hearing The Mayor announced that this was the time and R-77-06 place set for the public hearing to consider Rezone Petition R-77-06, Costa Mesa Planning Commission, Held Over for permission to rezone property located at 1920- 22 Wallace Avenue, from C1 to R2 -CP; 1912, 1915, 1916 Wallace Avenue, and 1923 Pomona Avenue, from R3 -CP to R2 -CP; 1939, 2043-2049 (odd numbers), 1950, 1954 Wallace Avenue, 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 Environmental Impact has been filed. Communications in opposition to the request have been received from B. D. Clanton, 361 Jasmine Street, Laguna Beach; Lois Mullen, 1951 Wallace Avenue; and Chauncey Voorhies, Jr., 1742 Miramar Street, Balboa. The Planning Commission and staff recommend adoption of the rezone Doug Clark of the Planning Department gave an analysis of the area and reasons for the recommended action which included the fact that insufficient water mains and streets exist to support the higher densities, and the opinion that the recent policy of lot consolidation should be encouraged in this area. William Druitt, owner of property at 769- 769 1/2 West 20th Street, and Betty Mann, owner of property at 1920-22 Wallace Avenue, were present and spoke in opposition to the request, stating that their properties were purchased for investment and develop- ment with the zoning being a key factor in mind. During the discussion which followed, the Council considered this rezone to be a very complicated issue which warranted more study in order to establish a firm policy with -regard to down -zoning properties which were purchased for development. After further discus- sion, on motion by Vice Mayor Hammett, seconded by Councilwoman.Smallwood, and carried, the public hearing was held open to the meeting of June 20, 1977, with a Study Session to be held at some time prior to this date. Public Hearing Rezone Petition R-77-07, Costa Mesa Planning Commis, - R -77-07 sion, for permission to rezone property located -at 1974-1978 (even numbers), 2014 and 2030 Maple Avenue, Held Over from R4 to R3 -CP; and property located at 1990-2002 Maple Avenue (even numbers), 2005, 2025 Char -le Street, from R4 to R2 -CP, was presented. A Negative Declara- tion of Environmental Impact has been filed. This rezone is included in the study with the previous rezone and, as such, was recommended for continuation also. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the public hear- ing was held open to the -meeting of June 20, 1977, with a Study Session prior to this date. Public Hearing The Mayor announced that this was the time and place Final EIR for set for the public hearing.to consider the Final "Super Block" Environmental Impact Report for the proposed Lions Park Expansion, Library Expansion,. new Fire Station, Community Center and Youth Center, located south of Plumer Street, between Anaheim Avenue and Park Avenue. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Bill Rhoten, 2390 Rutgers Drive, Costa Mesa, spoke in support of the need for a Community Center. Richard Lynn, representing Ruth Swope, requested the Council to delay their action on this item pending the.outcome of a hearing concerning the City's condemnation of Mrs. Swope's property. The Assistant City Attorney responded that the City has proceeded slowly and with all due notice in this regard, giving Mr. Lynn ample opportunity to seek a court order to stop the City's action prior to this time. Mr. Lynn also expressed the opinion that the Environmental Impact Report is not sufficient in the area of financial impact. Mr. Clark responded that the law does not require this subject to be addressed as part of the report. There being no other speakers, the Mayor closed the public hearing. After Council discussion, on motion by Vice Mayor Hammett, seconded 175 by Councilwoman Smallwood, and carried, the Environ- mental Impact Report was accepted as meeting the requirements of the law. Public Hearing The Mayor announced that this was the time and place Federal Revenue set to considerproposed uses of Federal Revenue Sharing Sharing Entitlement funds, to be appropriated in the Fiscal Year 1977-78 Budget. The Affidavits of Pub- lishing and Posting are on file in the Clerk's office. The City Manager presented a report to the Council containing recommendations for use of the funds over the next 3-1/4 years. The total.allocation amounts to $3,782,145.00, with an approximate amount of $999,250.00 to be budgeted for Fiscal Year 1977-78. William Rhoten, 2390 Rutgers Drive, expressed his desire that some of these funds be utilized for projects benefiting older Americans. The City Manager responded that a recommendation is being made to allo- cate $750,000.00 to a Community Center building in the "Super Block". The City Manager also suggested that a task force committee be appointed to determine the uses for the proposed Community Center building. There being no other speakers, the Mayor closed the public hearing. During the discussion which followed, the Council requested this item to be placed on their Study Session Agenda of April 11, 1977; also the makeup of the task force committee will be discussed further at.that time. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried unanimously, the Revenue Sharing Project Report was accepted as presented. Proposed The Clerk presented a proposed interim ordinance to Ordinance - be adopted as an urgency measure prohibiting all Storage Garages public storage garages in the City of Costa Mesa. The Planning Commission recommended adoption of this Denied ordinance. The staff's recommendation for this ordinance is due to the numerous amount of garages which have been approved and the feeling that if the supply exceeds the demand there will be pressure to convert some of them to commercial uses. This would present a problem from the parking standpoint in that the,parking requirements for storage garages is substantially less than commercial uses. Mayor Hertzog.suggested that any future approval of storage garages contain a condition that should the property be converted to another use, the normal parking requirments would apply. Vice Mayor Hammett felt he could not go along with this ordinance until he is convinced that the storage garages are creating a real problem to the community. Mr. W. M. Fassell, 1600 Dover Drive, Newport Beach, expressed his opinion that the storage garages are a good interim use for certain pieces of property. After further discussion, on motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, Council- man Raciti voting no, adoption of the ordinance was denied. Orange County The Clerk presented the next item for consideration, Airport EIR being the Orange County Environmental Impact Report 102, for Orange County Airport Alternative Futures. The Planning Commission and staff recommend that the Environmental Impact Report not be accepted. This report concentrates on the noise impact of the vari- ous future uses of the airport. The staff recommendation is based on the opinion that inade- quate information is provided for service levels 3A and 3B. These alternatives would have the most impact on Costa Mesa. After discussion, on motion .16. by Councilwoman Smallwood, seconded by Councilman Raciti., and carried, Vice Mayor Hammett abstaining, the Council will recommend to the. County that the Environmental Impact Report not be accepted for the reasons previously stated. Vice Mayor Vice Mayor Hammett left the meeting briefly at this Leaves point and therefore did not participate in the voting on the next item. Tentative Map The Clerk -presented Tentative Map of Tract 9772, .john of Tract 9772 Wielenga Construction, 165$ Ricky Avenue,,Anaheim, Wielenga for permission to create,a one -lot subdivision'in compliance with Specific Plan SP -76-01, located at 332 Victoria Street in an R2 -CP and R3 -CP zone, (R4 -CP zone pending). The California Environmental Quality Act requirements have been met by the Environ- mental Impact Report for GP -76-1C, accepted by Council on April 19, 1976. The Planning Commission recom- mended approval subject to conditions. On motion by Councilman McFarland, seconded by Councilwoman Small- wood,.and carried, Vice Mayor Hammett absent, Tentative Map of Tract 9772, was approved subject to conditions as recommended by the Planning Commission. ZE-77-34 The Director of Planning presented an application for Trudeau Zone Exception ZE-77-34, Revised, Rose Mary Trudeau, 1561 Mesa Drive, Number 43, Santa Ana, for variances to legalize existing fencing which exceeds maximum permitted height, and to legalize a reduction in driveway width, in an R2 zone located at 2344 Elden Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No com- munications have been received. The applicant was present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, 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-77-37 The Director of Planning presented an application for Clark Zone Exception ZE-77-37, Richard M. Clark, 264 Camellia Lane, Costa Mesa, for a variance for reduc- tion in required lot area to divide property into three lots, in a R1 zone located .at 2331 Santa Ana Ave- nue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. One communication in opposition to the request has been received from Kenneth V. Ryberg, 2082 Marion Way, owner of property at 2339 Santa Ana Avenue. The applicant was present to answer questions from the Council. After discussion, on motion by Councilman McFarland, seconded by Councilwoman Small- wood, and carried, the Negative Declaration of Environ- mental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-77-38 The Director of Planning presented an application for Southland Zone Exception ZE-77-38, Southland Corporation, 2222 Corporation Martin Avenue, Irvine, for a Conditional Use Permit to construct a 2,400 -square foot retail food store Held Over with a variance from required landscape setback, in a Cl zone located at 2683 Harbor Boulevard. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. On motion by Councilman McFarland, seconded by Councilman Raciti, and carried, this item was held over to the meeting of April 18, 1977, at the applicant's request. 1 fl 1 ZE-77-39 The Director of Planning presented an application for Cross Zone Exception ZE-77-39, Gerald W. Cross, 151 Commer- cial Way, Costa Mesa, for permission to construct storage garages with a variance from commercial park- ing requirements, in a C2 zone located at that address. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No com- munications have been received. The applicant was present and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-77-40 The Director of Planning presented an application for Puckett Zone Exception ZE-77-40, Terry K. Puckett, 1212 Belfast Avenue, Costa Mesa, for permission to rehabil- itate an existing patio structure with a variance for rear yard encroachment, in an R1 zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. A communication in support of the request has been received from Jeff F. Perez, Architect, 850 East Chapman Avenue, Suite A, Orange. The applicant was present to answer questions from the Council. After discussion, on motion by Councilman McFarland, seconded by Councilman Raciti, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the applica- tion approved subject to conditions recommended by staff. ZE-77-41 The Director of Planning presented an application for Stanzak Zone Exception ZE-77-41, Ronald S. Stanzak, 2282 Red- lands Drive, Newport Beach, for permission to construct Returned to a two-unit apartment structure-in conjunction with an Planning existing dwelling, with a variance for a 7.5 percent Commission density deviation (2,775 square feet per unit), in an R2 zone located at 180 - 22nd Street. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. The applicant was present to answer questions from the Council. After discussion, on motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, this application was returned to the Planning Commis- sion for submittal of revised plans. ZE-77-42 The Director of Planning presented an application for Miller Zone Exception ZE-77-42, Robert L. Miller, 1065 Presidio Drive, Costa Mesa, for a Conditional Use Permit to manufacture canvas products, cloth boat cushions, covers, and tops, and aline of special bags in conjunction with a retail outlet, in a C1-CP zone located at-2132 Harbor Boulevard.. An Exempt Declara- tion of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to the condi- tions. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation approved subject to conditions as recommended by the Planning Commission. ZE-77-43 The Director of Planning presented an application for Crum Zone Exception ZE-77-43, Charles S. Crum, 2718 Dayna Street, Santa Ana, for a Conditional Use Permit to construct a retail nursery, with a variance from the required landscaping and side and rear building set- backs, in a Cl -CP zone located at 2700 Bristol Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to the conditions. During the discussion which followed., Vice Mayor Hammett expressed concern .that the present configuration of the southerly driveway -may be a traffic hazard and it was suggested that this driveway be widened from 25 feet to 30 feet, under' the direction of the City Engineer. This would also necessitate some revision to the landscaping under the direction of the Leisure Services Director. On motion by Councilwoman Small- wood, seconded by Vice Mayor Hammett, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission, with the additional condition expressed by Vice Mayor Hammett. ZE-77-44 The Director of Planning presented an application for Chapman Zone Exception ZE-77-44, Robert G. Chapman, 1262 Con- way Avenue, Costa Mesa, for a variance to encroach into the required front setback to construct a storage and workshop addition to an existing single-family home, in an Rl zone located at 3202 Montana Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. One communication in opposi- tion to the request has been received from Hazel Fortin, 3221 Minnesota Avenue, Costa Mesa. The applicant was present and stated that the proposed addition will come within six inches of the required five-foot front setback, and asked if this would be acceptable. After discussion, 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 approved with the amendment requested by the applicant, and subject to all other conditions as recommended by the Planning Commission. ZE-77-45 The Director of Planning presented an application for South Coast Zone Exception ZE-77-45, South Coast Repertory, Incor- Repertory porated, 1827 Newport Boulevard, Costa Mesa, for an amendment to the Town Center Master Plan and Final Development Plan, for a 500 -seat playhouse theatre, with a Conditional Use Permit for off -premise parking, in a TC zone'located at the southeast corner of Park Drive and Town Center Drive. A Negative Declaration of Environmental Impact has. -been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Stuart Wood- ward, Architect, was present representing the applicant and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Mayor 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-77-47 The Director of Planning presented an application for Diversified Zone Exception ZE-77-47, Diversified Associates, 1000 Associates Quail Street, Newport Beach, to construct a commercial center with a variance from landscape setback require- ments, in a Cl -CP zone located at 280 Bristol Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A communication in support of the request has been received from the Costa Mesa County Water District, 1965 Placentia Avenue, Costa Mesa. John Guiltin was present, representing the applicant, and agreed to the condi- tions. Mayor Hertzog made the suggestion that in the interest of traffic safety, left turns only should be permitted out of the center driveway, and right turns only out of the two end driveways. The applicant was agreeable to this suggestion. After discussion, on motion by Councilwoman Smallwood, seconded by Councilman Raciti, 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 recommend -ed by the.Planning Commission. ZE-77-48 :. The Director of Planning presented an application for Church of Zone Exception,ZE-77-48, Church of Christ, 287 West Christ Wilson Street; --Costa Mesa, for permission to amend the Church_Ma§ter Plan with a variance for reduction _ in parking- and -a Conditional Use Permit for a day care center, in an I and R and R3 -CP zone located at that address. A Negative Declaration of Environ- J mental Impact has been filed. The Planning Commission recommended approval of the Master Plan Amendment and parking variance subject to conditions, and withdrawal of the request for a day care center. Fifty-four letters in opposition were received by the Planning Commission. In addition, letters in opposition have been received from Helen Monteleone, 2269 Avalon Street; Mr. and Mrs. R. E. Morley, 15920 Sunset Boule- vard, Pacific Palisades; and Mr. and Mrs. P. E. Maloney, 279 West Wilson Street. Larry Webb was present, representing the applicant, and agreed to the conditions. Wendel Jones and Doug Danielson, Archi- tect, were present to answer questions from the Council. Patrick Maloney, 279 West Wilson Street, objected to the expansion of the parking facilities with the opinion that it would create unacceptable noise levels. During the discussion which followed, it was suggested that some type of gate be erected at the end of this parking lot which would prohibit through traffic when the church facilities are not in use. This was acceptable to the applicant as an added condition. After lengthy discussion, on motion by Mayor Hertzog,.seconded by Councilwoman Smallwood, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, the request for a day care center was withdrawn, and the Master Plan Amendment and parking variance were approved subject to conditions as recommended by the Planning Commission, with the additional condition as previously described. ZE-77-49 The Director of Planning presented an application for Harper Zone Exception ZE-77-49, James L..Harper, 120 Indus- trial Way, Costa Mesa, for a Conditional Use Permit to allow off -premise parking on an adjacent parcel for an existing bar, in a C2 zone located at 1724-28 Newport Boulevard. A Negative Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval subject to conditions. The Redevelopment Agency recommended denial. One commun- ication in support of the request has been received from Michael Corraro, 6620 North San Gabriel Boulevard, San Gabriel. The applicant was present to answer ques- tions from the Council. Thomas Moreno, 3336 East Vine Avenue, Orange, provided information concerning the parking in support of the request. After lengthy, dis- 0 Adjournment cussion, on motion by Councilman McFarland, seconded by Councilman Raciti, and carried, Councilwoman Smallwood voting no, the application was approved for one year subject to conditions as recommended by the Planning Commission. The Mayor declared the meeting adjourned at 12:40 a.m. ay r of the City of C�ta ATTEST: City Clerk of the City of Costa _esa 1 �I