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HomeMy WebLinkAbout04/18/1977 - City Council1 1 Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 18, 1977 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., April 18, 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 Charles Roberts, Director of Planning. Council Member Present: Hertzog, Hammett, Raciti, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk Minutes On motion by Vice Mayor Hammett, seconded by Council - April 4, 1977 man McFarland, and carried, the Minutes of the regular meeting of April 4, 1977, were approved as distributed and posted as there were no corrections. Man and Woman On motion by Vice Mayor Hammett, seconded by Council - of the Year man Raciti, Resolution 77-45, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 77-45 FORNIA,- COMMENDING ARLENE SCHAFER ON BEING CHOSEN Commending WOMAN OF THE YEAR IN RECOGNITION OF OUTSTANDING COM - Arlene Schafer MUNITY SERVICE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None On motion by Vice Mayor Hammett, seconded by Council - Resolution 77-46 man Raciti, Resolution 77-46, being A RESOLUTION OF Commending THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALI- Kenneth Fowler FORNIA, COMMENDING KENNETH FOWLER ON BEING CHOSEN MAN OF THE YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Presentation Planning Commission Chairman Clarence Clarke, Pre- to Councilman sented a plaque to Councilman Raciti in recognition Raciti of his year of service in the Office of Mayor. Ordinances/Order On motion by Vice Mayor Hammett, seconded by Council - of Business woman Smallwood, the order of business was changed and all ordinances will be read by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 6, business permit request from John Lessard; and Item 20, a policy regarding committee appointments. 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: _- iso ` 182 AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Airport Master On motion by Vice Mayor Hammett, seconded by Council - Plan Study man McFarland, Resolution 77-47, being A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF COSTA MESA, CALI- Resolution 77-47 FORNIA, SUPPORTING. THE AIRPORT MASTER PLAN STUDY TO BE CONDUCTED BY THE INTER -COUNTY AIRPORT AUTHORITY, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bridge Over On motion by Vice Mayor Hammett, seconded by Council - Santa Ana River man McFarland, Resolution 77-48, being A RESOLUTION at Gisler Avenue OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, OPPOSING CONSTRUCTION OF THE BRIDGE CROSSING Resolution 77-48 THE SANTA ANA RIVER AT GISLER AVENUE, was adopted by the following roll call vote: AYES: Council Members:-..Hertzog, Hammett, Raciti, McFarland, -- Smallwood NOES: Council Members: None ABSENT: Council Members: None Redistribution A resolution from the City of Huntington Beach, of Sales Tax opposing the.redistribution of sales tax revenues Revenues on the basis of population, was presented. On motion by Vice Mayor Hammett, seconded by Councilman McFar- Resolution 77-49 land, Resolution 77-49, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING THE REDISTRIBUTION OF SALES TAX REVENUES ON THE BASIS OF POPULATION, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Cities' Shares A resolution from the City of Huntington Beach, of Sales and Use urging the State Legislature to return from 16-2/3 Tax Revenues percent to 20 percent of the share of State sales and use tax revenues distributed to cities, was presented. On motion by Vice Mayor Hammett, Resolution 77-50 seconded by Councilman McFarland, Resolution 77-50, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, URGING THE STATE LEGIS- LATURE TO RETURN FROM 16-2/3 PERCENT TO 20 PERCENT OF THE SHARE.OF STATE SALES AND USE TAX REVENUES DISTRIBUTED TO THE CITIES, was adopted 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: Apportionment Apportionment of trailer coach license fees of Trailer for the period July 1, 1976, to December 31, Coach License 1976, from the Controller of the State of Fees California. 1 1 1 i3 Z'berg-Kapiloff Notification of changes in the third draft of Solid Waste proposed regulations to implement the Z'berg- Control Act of Kapiloff Solid Waste Control Act of 1976, from 1976 the State Solid Waste Management Board. Southern California Notice of proposed rate change from Southern Gas Company California Gas Company. Public Utilities Notice of filing application for rate change, Commission from the Public Utilities Commission, in the matter of the application of Southern Cali- fornia Edison Company for authority to modify its energy cost adjustment clause to increase its energy cost adjustment billing factor and to provide for quarterly revisions thereof. Los Alamitos A resolution from the City of Garden Grove, Reserve Center requesting additional information of the Cali- fornia Army National Guard with respect to the proposed :future operations of the Reserve Center at Los Alamitos. Alcoholic Beverage Alcoholic Beverage License applications for Licenses which parking has been approved by Planning from: Barbara D. and Ronald A. Olsen, doing business as A1's.Reef, 820 West 19th Street; H. D. Porter, doing business as Baycrest Liquor and Deli, 333 East 17th Street; Elma D. Bryen, doing business at 724 West 19th Street; and Forty Carrots, 333 Bristol Street, No. 185. Set for Public The following items were set for public hearing on Hearing May 2, 1977, at 6:30 p.m., in the Council Chambers of City Hall: R-77-08 Rezone Petition R-77-08 (Partial), Costa Mesa Planning Commission, for permission to rezone property located at 1747 Anaheim Avenue, from C2 to MG, into conformance with the Central Area Plan. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for the Central Area Plan, accepted by Council on November 5, 1974. R-77-11 Rezone Petition R-77-11, Costa Mesa Planning Commission, for permission to rezone property located at 1600-1656 Iowa Street, from R4 -CP to R3 -CP, into conformance with the General Plan. Environmental Determination: Negative Declaration for GP -77-1D. R-77-12 Rezone Petition R-77-12, Costa Mesa Planning Commission, for permission to rezone property located northwest of Mesa Verde Drive West, and northeast of Club House Road, from R4 -CP to R2 -CP; into conformance with the General Plan. Environmental Determination: Negative Declaration for GP -77-1D. R-77-13 Rezone Petition R-77-13, Costa Mesa Planning Commission, for permission to rezone property located at 2775 Mesa Verde Drive East, from C1 -CP and R2 -CP to R3 -CP, into comformance with the General Plan. Environmental Deter- mination: Negative Declaration for GP -77-1D. R-77-14 Rezone Petition R-77-14, Costa Mesa Planning Commission, for permission to rezone property located at 3300 Alabama Circle, from R1 to Claim - Ellsworth Denied I and R, into conformance with the General Plan.- Environmental Determination: Negative Declaration for GP -77-1D. On motion by Vice Mayor Hammett, seconded by Councilman Raciti, and carried; the claim of Floyd G. Ellsworth was denied. Surveying Proposals have been received by the Engineering Services for Department for preliminary and topographic survey Superior Avenue work on the Superior Avenue Widening, from West 17th Widening - Street to south City limits, Arterial Highway A.H.F.P. 923 Financing Program Project 923. On motion by Vice Mayor Hammett, seconded by Councilman'McFarland, the Awarded - R. J. -contract was awarded to R. J. and R. R. Toa1, Incor- and R. R. Toal porated, 139 Avenida Navarro, San Clemente, in the amount of $5,000.00, being the lowest proposal meet- ing the requirements, by the following roll call vote: AYES: Council. Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Reconstruction Bids received for the Reconstruction and Resurfacing and Resurfacing of City Streets, are on file in the Clerk's office. of City Streets On motion by Vice Mayor Hammett, seconded by Council- man McFarland, the contract for Bid Alternate I was Awarded - All awarded to All American Asphalt, Post Office Box American Asphalt 647, Westminster, in the amount of $67,831.05, being the lowest bid meeting specifications; by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 345 Bids received for Bid Item 345, for the furnishing Prefabricated of four Prefabricated Bus Shelters, are on file in Bus Shelters the Clerk's office. On motion by 'Vice Mayor Hammett, seconded by Councilman McFarland, the bid was awarded Awarded - to Handi-Hut, Incorporated, 2 Brighton Avenue, Handi-Hut Passaic, New Jersey, in the amount of $8,321.00, 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 Conference On motion by Vice Mayor Hammett, seconded by Council - Advances man McFarland, a Conference Advance for a Police Captain to attend the California Peace Officers' Association Annual meeting -in Palo Alto, May 15-19, 1977,.was approved in the amount of $245.00, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None On motion by Vice Mayor Hammett, seconded by Council- man McFarland., a Conference Advance for the Police Chief to -attend the California Police Chiefs' -Annual Conference, and California Peace Officers' Associa- tion Annual meeting, -May 15-20, 1977, was approved in the amount of $320.00, by the following roll call vote: 1 i 1 1 1 1 AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None A Conference Advance for the Finance Director to attend the Annual Municipal Finance Officers Asso- ciation meeting in Atlanta, Georgia, April 17-21, 1977, was -approved in the amount of $300.00, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Parking The Traffic Commission recommended that the present Prohibition parking prohibition on the northerly curb of Adams on Adams Avenue be lengthened from 250 feet to 560 feet east Avenue of Harbor Boulevard. This recommendation is based on the need to lengthen the westbound right -turn lane at Harbor Boulevard. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, Resolu- Resolution 77-51 tion 77-51, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF ADAMS AVENUE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Street The street improvements at 2881 Bristol Street and Improvements the Corona del Mar Freeway Frontage Road, have been on Bristol completed by K.B.L. Development Company, 292 South Street La Cienega Boulevard, Beverly Hills, to the satis- faction of the Director of Public Services. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the work was accepted, and the bond was ordered exonerated, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement with the County of Orange concerning County of Orange the improvement of Victoria Street from Canyon Drive to the Santa Ana River, Arterial Highway Financing Victoria Street Program Project 870, was presented. A portion of Widening - this project lies within County unincorporated ter- A.H.F.P. 870 ritory. The agreement provides for completion of this portion by the City, with full reimbursement from the County. 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, Smallwood NOES: Council Members: None ABSENT: Council Members: None Right -of -Way.:. A right -of -Way Certification for Victoria Street, Certification from the Santa Ana River to Canyon Drive, Arterial Victoria Street Highway Financing Program Project 870, was approved, Widening - and the Mayor and Clerk authorized to sign on behalf A.H.F.P. 870 of the City, by the following roll call vote: ___ i86 AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement with Ethyl M. Ferguson for the acquisi- Ferguson tion of 1,817.60 square feet of land located on the south side of Victoria Street, west of Valley Road, Victoria Street Parcels 7 and 8, was presented.. The agreement stipu- Widening lates a payment of $6,900.00 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, Smallwood NOES: Council Members: None ABSENT: Council Members: None Business Permit Item 6 on the Consent Calendar, a Business Permit - Lessard Application from John Lessard, West Coast Promotions, Post Office Box 772, Azusa, to conduct gun sale and collectorama shows at the Orange County Fairgrounds on April 23-24, July 30-31, and August 27-28, 1977, was presented. Dave Salcido, 954 West 17th Street, Costa Mesa, asked why the City requires a permit for this type of activity. After discussion, on motion by Councilman McFarland, -seconded by Councilman Raciti, and carried, the permit was approved. Committee Item 20 on the Consent Calendar, a policy regarding Policy Council appointed citizen advisory committees, was presented. Dave Salcido requested more information on this item. After discussion, on motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, the policy was adopted. ZE-76-208 The Clerk presented from the meeting of February 22, Argyros 1977, an application for Zone Exception ZE-76-208, George Argyros, 505 North Tustin Avenue, Suite 150, Santa Ana, and Preliminary Development Plan for construction of 539 apartment units and 127 single- family homes, with a variance from setback require- ments, parking requirements, site coverage standards, and open space requirements, in a PDR -LD and PDR -MD zone located at the southwest corner of Bear Street and South Coast Drive. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for General Plan Amend— ment GP -76-2A, accepted by Council on September 20, 1976. Communications:in opposition to the request have been received from the following Costa Mesa residents: Mrs..J. H. Garrison, 944 Dahlia Venue; Mr. and Mrs. Frank Dobson, 1068 Vallejo Circle; Barbara Bruemmer, 1064 Visalia Drive; and A. L. and Virginia Cieck, 1095 San Pablo Circle. The Planning staff recommended denial of the request based on the opinion that the project, as presently proposed, does not meet the criteria of the Planned Develop- ment Ordinance warranting density increases to the extent proposed. The Planning Commission recommended approval of the request based on their opinion that the intent of the Planned Development Ordinance has been met. For the record, the Preliminary Develop- ment Plan is being reviewed.by the Council as a result of an earlier appeal request from the North Costa Mesa Homeowners Association. The architect for the project, Kermit Dorius, described the proposed 1 1 1 .. L87 0 Continuation plan in some detail and showed slides of other of ZE-76-208 similar projects in order to illustrate the quality - Argyros of construction, design, and management. Dorothy Gorley, Vice President.of Arnel Development Company, spoke of the high quality management that is prac- ticed at all of the Arnel developments. Harry Rinker informed the Council that 700 residents in the North Costa Mesa area were invited to participate in a bus tour to view another Arnel project in Laguna Hills, in order that they might be more aware of the quality standards of the developer. Out of the 14 residents who responded to the invitation, Mr. Rinker indicated that several of them made some very posi- tive statements about the project. Ed Granzow, from the firm of Herman Kimmell and Associates, 4242 Campus Drive, Newport Beach, addressed the traffic impacts of the proposed project. Paul Diehl, representing the North Costa Mesa Homeowners Association, presented a petition to the Council containing 916 signatures in opposition to the request, and expressed his opinion that this project, if permitted, will adversely affect the integrity of the General Plan, and further, in his opinion, it was not the intent of the Planned Develop- ment Ordinance to allow this type of development. The following Costa Mesa residents spoke in opposition to the request: Stephen Eakin, 1054 Visalia Drive; John Paradis, 1140 Salinas Avenue; Verlyn Marth, 3197 Cape Verde Place; George Brody, 3469 Fuchsia Street; Scott Harbison, 3437 Santa.Clara.Circle; Robert Wilson, 3435 Plumeria Place; Lloyd Jones, 929 Jasmine Circle; Salley Rout, 1070 Tulare Drive; and Andrew Schafer, 1105 Salinas Avenue. Some of the concerns expressed were: limited vehicular access, traffic generation, density, pollution, and over -population. George Argyros spoke briefly to clarify some of the issues raised during the discussion regarding traffic, and street dedica- tions. During the discussion which followed, the Council Members, with the -exception of Councilman Raciti, expressed much concern for the needs of the community, but felt that this project had met the criteria of the Planned Development Ordinance. Council- man Raciti expressed objections to the project and recommended that it be returned to the Planning Commis- sion for revision. Mayor Hertzog asked the developer if he would be agreeable to this and he responded in the negative. After further discussion, on motion by Councilman McFarland, seconded by Councilwoman Small- wood, and carried, Councilman Raciti voting no, based on the findings of the Planning Commission, the Zone Exception Permit was approved subject to all condi- tions as recommended by the Planning Commission, with a correction to Condition No. 10 as indicated in a memo from the Planning Department dated April 6, 1977. On further motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Councilman Raciti voting no, the Preliminary Development Plan was approved, also based on the same findings of the Planning Commission. On final motion by Councilman McFarland,, seconded by Councilwoman Smallwood, and carried, Councilman Raciti voting no, the -appeal of the Planning Commission action was denied. ZE-77-36 Application for Zone Exception ZE-77-36, Peter A. Viotto Viotto, 1068 Salvador Street, Costa Mesa, for a variance to construct a wall sign and ground sign, Held Over exceeding maximum sign area and height, ina C1 -CP zone located at 3130 Harbor Boulevard, was presented. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, this item was held over to the meeting of May 2, 1977. v�4 C, ZE-77-38 The Clerk presented from the meeting of April 4, 1977, Southland application for Zone Exception ZE-77-38, The Southland Corporation Corporation, 2222 Martin Avenue; Irvine, for a Condi- tional Use Permit to construct a 2,400 square foot retail food store, with a variance from the required landscape setback, in a Cl zone located at 2683 Harbor Boulevard. Environmental Determination: Exempt. The Planning Commission -recommended denial. The appli- cant's.representative,-.Adnan Khatib, was present.to answer questions from the Council, and asked if the slump stone wall around the perimeter.of the building could be divided into sections with plantings in between. It was agreed by. the Council that this could be worked out under the direction of the Director of Planning. On motion by Vice Mayor Hammett, seconded by Councilman Raciti, and .carried, the Exempt Declar- ation of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to all conditions as recommended by the Planning Department. Sale of Surplus On motion by Vice Mayor Hammett, seconded by Council - Property man McFarland, and carried, the next item concerning the-sale.of surplus property located at the San Diego Removed from Freeway and Harbor Boulevard, was removed from the Agenda Agenda. Warrant _ On motion by Vice Mayor Hammett, seconded by Council - Resolution 982 woman Smallwood, Warrant Resolution 982, including Payroll 7707, 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 983 Councilman McFarland, Warrant Resolution 983 was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES.: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Destruction On motion by.Councilman Raciti, seconded by Council - of Records man McFarland, Resolution 77-52, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, - Resolution 77-52 AUTHORIZING RECORDS DESTRUCTION FOR THE CITY ATTORNEY 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 Application for The City Manager presented a proposed resolution State Bon.d-Funds approving the application for funds under the 1976 for Canyons Area State Bond Act, to assist with the purchase of the 35 -acre Canyons Open Space Project. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, Resolution 77-53 Resolution 77-53, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR 1976 URBAN AND COASTAL BOND ACT FUNDS, was adopted by the following roll call vote: 1 1 i AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Rehearing The Clerk announced that this was the time and place ZE-76-194 set for the public rehearing of Zone Exception ZE- Spoiler Yachts 76-194, Spoiler Yachts,.881 Dover Drive, Suite 33, Newport Beach, for permission to use property at 1550 and 1604 Newport Boulevard, for off -premise outdoor storage and display of boats in _conjunction with an existing office facility, and -a variance from the required landscape requirements, in a C2 zone. En- vironmental Determination: Negative Declaration. The affidavits of publishing, mailing, and posting are on file in the Clerk's office. One letter has been received in opposition to the request from Chiyeko Hedani, 1523 Orange Avenue, Costa Mesa. Walter Kiener, 513 Poinsettia Avenue, Corona del Mar, and Willard Courtney, owner of property at 1532-34 and 1596 Newport Boulevard, spoke in opposition to the request because of the non-compliance of the applicant to past direction from the Council, and the traffic..problems created by this business. Robert Humphreys, 881 Dover Drive, Newport Beach, was present, representing the applicant and responded that the new plans for the premises will eliminate the past problems and concerns of the neighboring businesses. Dale Anderson, owner of Spoiler Yachts, elaborated on some of the improvements he has made to the property. During the Council discussion which followed, much concern was expressed over the lack of compliance with past Council directives.. Attorney Humphreys informed the Council that the applicant is willing to delete the request for the property at 1604 Newport Boule- vard, and seek approval only on the property at 1550- 1560 Newport Boulevard. Vice Mayor Hammett made a motion, seconded by Councilwoman Smallwood, and carried, to separate the two properties for purposes of evaluation and consider, at this time, only the property at 1550 Newport Boulevard. Councilwoman Smallwood suggested that if,the permit is approved, a substantial performance bond be required to insure compliance, and that this bond would be forfeited if the applicant failed to comply with the conditions. The applicant was asked.if he would be willing to furnish a $10,000.00 cash performance bond, to which he responded that he would like a few minutes to discuss this with his attorney. This was permitted, and the Council proceeded with other items of busi- ness, returning to this item later in the meeting. Attorney Humphreys indicated that his client would be willing to furnish the requested performance bond. It was agreed that this performance bond would be acceptable in the form of a cash deposit, certificate of deposit, or savings pass book assigned to the City. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Vice Mayor Hammett, and carried, Mayor Hertzog voting no, the application was approved subject to those conditions applying to 1550 Newport Boulevard; approval is subject to the applicant furnishing a $10,000.00 performance bond within 15 days, and completion of the conditions within five months of this date. Public Hearing The Clerk announced that this was the time and place Procedures for set for the public hearing, continued from the meet - Land Use ing of March 21, 1977, to consider a proposed Matters ordinance amending Title 13 of the Costa Mesa Munici- pal Code by adding a new Chapter XI relating to ZE-76=28 The Director of Planning presented a request for a Mason 90 -day extension of time for .ZE-76-28, George Mason, 1805 Tustin Avenue, Costa Mesa, to enable the appli- cant to complete the conditions on the permit and record the parcel map for the property at the above address. The,Planning Commission recommended a six- month extension. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett absent, an extension of six months was approved. ZE-77-26 The Director of Planning presented an application for Brooks Zone Exception ZE-77-26, Robert L. Brooks, 2149 Mira- mar Drive, Newport Beach, for a Conditional Use Permit to construct 12 partment units (1,535 square 1 1 1 methods and -procedures of processing land use matters and delegating authority to accomplish same. This ordinance, if adopted, would enable the Planning Com- mission to become the final action on certain Planning items, with`the°Council retaining the right to review and the applicant the right of appeal. There being no speakers, the Mayor -closed the public hearing. After discussion, on motion by Vice Mayor Hammett, seconded Ordinance 77-15 by Councilman McFarland, Ordinance,77-15, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO METHODS AND PROCEDURES OF PROCESSING LAND USE MATTERS AND DELEGATING AUTHORITY TO ACCOMPLISH SAME,,was given first -reading and passed to second reading 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 Clerk announced that this was the time and place Additions to set for the public hearing to consider adding two Redevelopment areas to the existing Costa Mesa Downtown Redevelop - Area ment Project -Area No. 1. The Affidavits of Publica- tion and Mailing are on.file in the Clerk's office. No communications have been received. Addition No. 1 is located directly north of McNally School and is part of Newport Mesa Unified School District property. It contains approximately 1.5 acres and will extend the Redevelopment Area boundary to Bernard Street. Addition No. 2 is approximately 2.75 acres, bordered by Newport Boulevard, Superior Avenue, and 17th Street.- These two parcels are connected to property that is currently located within the Redevelopment Area, and it is recommended that they be included in the Project Area to eliminate conflicting development standards. Ed John, 1818 Viola Place-, Costa Mesa, expressed no objection to.the additions, but suggested that the procedures for development in the Project Area be streamlined. There being no other speakers, the Mayor closed -the public hearing. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, the additions to Project Area No. 1 were approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Vice Mayor Vice Mayor Hammett left the meeting briefly at this Hammett Leaves point and therefore did not participate in the voting on the next three items. ZE-76=28 The Director of Planning presented a request for a Mason 90 -day extension of time for .ZE-76-28, George Mason, 1805 Tustin Avenue, Costa Mesa, to enable the appli- cant to complete the conditions on the permit and record the parcel map for the property at the above address. The,Planning Commission recommended a six- month extension. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett absent, an extension of six months was approved. ZE-77-26 The Director of Planning presented an application for Brooks Zone Exception ZE-77-26, Robert L. Brooks, 2149 Mira- mar Drive, Newport Beach, for a Conditional Use Permit to construct 12 partment units (1,535 square 1 1 1 191 feet per unit) in an R4 -CP zone located at 1940 Wallace Avenue. Environmental Determination: Negative Declaration. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to the conditions. On motion by Councilwoman -Smallwood , seconded by Councilman McFarland, and carried, Vice Mayor Hammett absent, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of thelaw, and the application approved subject to conditions as recommended by the Planning Commission. ZE-77-46 The Director of Planning presented an application Schlesinger for Zone Exception ZE-77-46, Richard 0. Schlesinger, 254 Victoria Street, Costa Mesa, for a Conditional Withdrawn Use Permit to construct an athletic club for young people with emphasis on an outdoor skateboard track, in a CL zone located at 260 and 266 Victoria Street. Environmental Determination:. Negative Declaration. The Planning Commission recommended denial. No communications have been received. The Planning Director has received a letter from the applicant requesting withdrawal of this item. On motion by Councilman McFarland, seconded by Mayor Hertzog, and carried, Vice Mayor Hammett absent, the appli- cator was withdrawn. ZE-77-51 and The Director of Planning presented.an application RA -77-02 for Zone Exception ZE-77-51 and Redevelopment Action De Bonis. RA-77-02,.Juan De Bonis, 1725 Superior Avenue, Costa Mesa, for a variance from landscape setback to construct -a 1,225 square foot addition to an existing auto repair garage, in a C2 zone located at that address. Environmental Determination: Exempt. The Planning Commission and Redevelopment Agency have recommended approval with separate conditions. Rolly Pulaski was present, representing the applicant, and agreed to the conditions including those conditions which were reinstated by the Redevelopment Agency. After discussion, on motion by Councilwoman Small- wood, seconded by Councilman McFarland, and carried, the Exempt Declaration•of Environmental Impact was accepted as meeting the requirements of the law, and the application approved, subject to Conditions 2 through 13, as recommended by the Redevelopment Agency. Councilman Councilman McFarland left the meeting briefly at this McFarland point.and therefore did not participate in the voting Leaves on the next two items. ZE-77-52 The Director of Planning presented an application for Johnson Zone Exception ZE-77-52, Robert R. Johnson, 347 East 18th Street, Costa Mesa, for a variance for a 7.4 percent density deviation to construct six apartment units (2,889 square feet per unit), in an R2 zone located at that address. Environmental Determination: Negative Declaration. The Planning Commission recom- mended approval subject to conditions. No communica- tions have been received. The applicant was present and agreed to the conditions. On motion by Councilman Raciti, seconded by Vice Mayor Hammett, and carried, Councilman McFarland absent, 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-77-53 The Director of' -Planning -presented an application Snelgrove for Zone Exception ZE-77-53, John E. Snelgrove, 1518 Westminster Avenue,.Costa Mesa, for a variance to encroach into the required rear yard setback to con- struct one apartment unit in conjunction with one existing unit, in an R2 zone.located at that address. Environmental Determination: Exempt. The Planning Commission recommended approval,subject to conditions. No communications have.been received. The applicant was not present. On motion by 'Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, Councilman McFarland -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-77-54 The Director of Planning presented an application Carney for Zone Exception ZE-77-54, Thomas J. Carney, 502 Kings Road, Newport Beach, for a Conditional Use Permit to construct seven apartment units (2,122 square feet per unit), in an R3 -CP zone located at -234 Avocado Street. Environmental Determination: Negative Declaration. The Planning Commission recommended approval subject to conditions.. No communications have been received. The applicant was present and.agreed'to the conditions. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Negative Declaration of Environmental -Impact was accepted as meeting the requirements of the law, and'the application approved subject to conditions as recommended by the Planning Commission. ZE-77-55 The'Director of Planning presented an application Von Hemert for Zone Exception.ZE-77-55, Barry Von Hemert, 1727 Westcliff Drive, Newport Beach, for permission to construct a furniture and interior design store with variances from required parking and setback, in a C2 zone located at 1595 Newport Boulevard. Environmental Determination: Negative Declaration. 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 Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved.subject to conditions as recommended by the Planning Commission. ZE-77-57 The Director of Planning presented an application Grant for Zone Exception ZE-77-57, Harry P. Grant, 786 West 17th Street, Costa Mesa, for a Conditional Use Permit to construct a 1,800 square foot building for use as an auto body shop, in an MG zone located at that address. Environmental Determination: Exempt.. The Planning Commission recommended approval subject to.conditions. No communications have been received. The applicant was not present. On motion by Councilman McFarland, seconded by Vice Mayor Hammett, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. Councilmanic Councilman Raciti requested a letter be sent from the Comments City Manager's office to the County of Orange con- cerning the City's desire to comment on the proposed bridge construction at 19th Street and Banning Place. �L Committee Mayor Hertzog made the following appointments to Appointments committees': Transportation Committee, Jack Hammett, Chairman, and Mary Smallwood; Inter -City Committee, Dom Raciti, Norma Hertzog, and Ed McFarland (alternate); City/School Liaison Committee, Dom Raciti and Ed McFarland; League of Cities, Norma Hertzog and Ed McFarland (alternate); Newport - Irvine Waste Management Agency, Jack Hammett (delegate), Ed McFarland; and Jim Eldridge (alter- nate); Aviation Committee, -Jack Hammett (ad hoc); Fair Board, Dom Raciti, Ed McFarland, and Mary Small- wood (alternate); HCDA, Mary Smallwood and Norma Hertzog (alternate); SCAG, Mary Smallwood and Ed McFarland (alternate); SARFPA, Ed McFarland, and Dom Raciti (alternate). Mayor Hertzog also announced that three alternate members are needed for the HCDA Committee, one member -at -large for the Beautification Committee, and one member for the Traffic Commission. Mayor Hertzog presented a request she has received from Costa Mesa High School asking for financial support of the Main Street, U.S.A., program. On motion by Mayor Hertzog, seconded by Councilman Raciti, a contribution of'$869.94 was authorized from the advertising fund, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, .Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Adjournment The Mayor adjourned the meeting at 11:30 p.m. JMar of the City of t esa, ATTEST: City Clerk of the City of Cost r sa