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HomeMy WebLinkAbout05/02/1977 - City CouncilREGULAR MEETING.OF.THE CITY -COUNCIL . CITY OF COSTA MESA May 2, 1977 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., May 2, 1977, in the Council Chambers of'City Hall, 77 Fair Drive, Costa Mesa; California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, led by the Girl's Club of the Harbor Area, and Invocation by Chaplain W. Robert Parry, Hoag Memorial Hospital. Proclamation A proclamation declaring the week of May 8th through Girl's Club the 14th, 1977, as National Girl's_C1ub Week, was Week - approvedand presented to the representatives of the Girl's Club of the Harbor Area. Roll Call Council Members 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 18, 1977 man McFarland, and carried, the Minutes of the regular meeting of April 18, 1977, were approved as distrib- uted and posted as there were no corrections. Presentation Dr. Stone of Fairview Hospital introduced Sukasa Mizusawa, a visiting social worker from Japan who has been studying at the hospital. Mayor Hertzog presented an Honorary Citizen Award to Mr. Mizusawa. Ordinances/ On motion by Vice Mayor Hammett, seconded by Council - Order of Business. woman Smallwood, and carried, 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 7, a Business Permit Application from Diane Hamrick; Item 17(e), award of TeWinkle Hill project; and Item 20, Budget Adjustment No. 77-56. , On motion by Councilman McFarland, seconded by Council- man Raciti, 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 State Housing A letter from the Chairman of the Costa Mesa Planning Element Commission to Assemblyman Dennis Mangers, regarding Guidelines revisions to the State Housing Element Guidelines, was received and endorsed. Executive Summary A letter from Mayor -James T. Jarrell, City of Buena of the Urban Park, to the Southern California Association of Development Governments (SCAG), regarding the draft Executive Strategy - SCAG Summary of the Urban Development Strategy, was referred to the Planning Department for recommenda- tion. 1 1 1 1 Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Determinate Resolution from the Board of Supervisors of Sentencing the City and County of San Francisco, opposing Act of 1976 Senate Bill 42, The Determinate Sentencing Act of 1976. Local Agency Notice from the Orange County Local Agency Formation Formation Commission of a public hearing to be Commission held May 11, 1977, on the proposed annexation to the City of Newport Beach, designated CBS Properties Annexation No. 83. Health Agency Services Notification from the County of Orange Health Agency of new rates for services. Public Utilities Hearing for application of Southern California Commission Gas Company for authority to (a) engage in a solar demonstration project, -and (b) to include in its rates the amounts necessary to fund a solar energy program; was reset for Monday, April 25, 1977, at 320 West Temple Street, Los Angeles. Application 57232, in the matter of the appli- cation of Southern California Gas Company to increase revenues to offset the impact on revenue requirements of long-term storage pursuant to a proposed subsection (o) Gas Storage Adjustment (GSA) to Southern Cali- fornia Gas Company's Rule No. 2. Vector Control Minutes of the 362nd meeting of the Orange District County Vector Control District, held on March 17, 1977. Alcoholic Beverage Alcoholic Beverage License applications for Licenses which parking has been approved by Planning from: Christopher and Marlene Rochlen, doing business at 1881 Park Avenue; The Southland Corporation, doing business as the 7 -Eleven Food Store No. 2113-19671, 2633 Harbor Boule- End - vard; Patricia and Jerry Hall, doing business Reading Folder at 130 East 17th Street. Business Permits A Notice of Intention to Solicit for Charitable Purpose from Veterans of Foreign Wars, Post 3536, 565 Veterans of West 18th Street, Costa Mesa, by'street sale of Buddy Foreign Wars Poppies, May 20-21, 1977, was approved with applica- tion of Section 9-234J of the Costa Mesa Municipal Code. Cystic Fibrosis A Notice of Intention to Solicit for Charitable Foundation Purpose from Cystic Fibrosis Foundation, 1784 West Lincoln, Suite E, Anaheim, by sponsoring a Rocker- thon at Costa Mesa High School on May 7-8, 1977, was approved, with application of Section 9-234J of the Costa Mesa Municipal Code, and subject to one condi- tion of the Revenue Division. Expos Unlimited A request from David Konter, Expos Unlimited, Post - Konter -Office Box 1761, Santa Monica, to conduct a two-day stamp and coin show at the Orange County Fairgrounds, May 14-15,-1977, was approved. VASA Order of A request from Don Barrick, Anchor Lodge No. 648, America - VASA Order of America, 1642 Baker Street, Costa Mesa, Barrick for permission to use facilities at Lions Park for a pancake breakfast on June 12, 1977, was approved, subject to conditions of the Leisure Services Department. Refunds On recommendation by the Director of..Leisure Services, a refund of ,$15.00 to Nan Loats, 1515 Cumberland Lane, Loats Newport Beach, for a dance class which 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 Hanshaw On recommendation by the Planning Department, a refund Properties of $3,600.00 to Fredrick J. Hanshaw Properties, 10921 Westminster Avenue, Garden Grove, representing a cash deposit for Zone Exception ZE-77-50, as conditions have been completed for construction at 3135 Harbor Boulevard, 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 - Blum On motion by Councilman McFarland, seconded by Denied Councilman Raciti, and carried, the claim of James Lee Blum and Terry Blum was denied. Agreement - An agreement with the City of Newport. Beach for the City of Newport improvement of Superior Avenue from Industrial Way to Beach the south City limits, was presented. This agreement provides for the construction of these improvements Improvement of by Newport Beach in conjunction with their proposed Superior Avenue street improvements on'Superior Avenue, extending A.H.F.P. Nos. from 15th Street to the City boundary. Costa Mesa 923 and 924 will reimburse the City of Newport Beach for the work lying within our City limits at an approximate cost of $33„000.00. On motion by Councilman McFarland, seconded by Councilman Raciti, 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 Agreement - An agreement with Earl Francis Cheatham, Jr., and Cheatham Norma Eloise Cheatham, for the acquisition of 1,100 square feet of land on the north side of Victoria Victoria Street Street, Arterial Highway Financing Program Project Widening - 870, Parcels 13 and 14, was presented. The agree- A.H.F.P. 870 ment stipulates a payment of $3,700.00 for the property and for escrow to terminate as soon as possible. On motion by Councilman McFarland, seconded by Councilman Raciti, 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 Refuse Transfer On motion by Councilman McFarland, seconded by Station Councilman Raciti, Resolution 77-54, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Resolution 77-54 CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD OF 1 Notice of The Repair of the Gymnasium Floor at the Downtown Completion Community Center, Project No. 76 -11 -2 -L -S, has been completed by Abbott Floor Company, 12127 Woodside Gymnasium Floor Avenue, Lakeside, to the satisfaction of the Director at -the Downtown of Leisure Services. On motion by Councilman McFar- Community Center land, seconded by Councilman Raciti, the work was SUPERVISORS.TO HAVE EXPLORED -THE FEASIBILITY OF A SOLID WASTE TRANSFER STATION IN THE SOUTH COAST REGION, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT:. Council Members: None Conference Advances On motion by Councilman McFarland, seconded by Councilman Raciti, a Conference Advance for a Police Officer to.attend the Narcotics Investigation Course in Sacramento, May 9-20, 1977, was approved in the amount of $325.00, 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 Councilman McFarland, seconded by Councilman Raciti, a Conference Advance for a Police Officer to attend the Women Peace Officers' Associa- tion Annual Training Seminar, in Palo Alto, May 15-18, 1977, was approved in the amount of $160.00, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Notice of The Installation of the Chain Link Fence at Lions Completion Park, Project No. 76 -10 -1 -L -S, has been completed by Master_-Bilt Chain Link Fence Company, 10125 Flora Chain Link Fence Vista Street, Bellflower, to the satisfaction of the at Lions Park Director of Leisure Services. On motion by Council- man McFarland, seconded by Councilman Raciti, the work was accepted, the Clerk was authorized to file a Notice of Completion; and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Notice of The Landscape Development of the West Bank of Estancia Completion Park, Project No. 76 -3 -1 -L -S, has been completed by West -Con Construction Company, Post Office Box 12006, West Bank of Santa Ana, to the satisfaction of the Director of Estancia Park Leisure Services. On motion by Councilman McFarland, seconded by Councilman Raciti, the work was accepted, the Clerk was authorized to file a Notice of Comple- tion, 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 Notice of The Repair of the Gymnasium Floor at the Downtown Completion Community Center, Project No. 76 -11 -2 -L -S, has been completed by Abbott Floor Company, 12127 Woodside Gymnasium Floor Avenue, Lakeside, to the satisfaction of the Director at -the Downtown of Leisure Services. On motion by Councilman McFar- Community Center land, seconded by Councilman Raciti, the work was 0 accepted, the Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council. Members: None Bear Street Park Bids received for the Construction of Bear Street Park are on file in the Clerk's office. On motion by Awarded - Councilman McFarland, seconded -by Councilman Raciti, Moulder Brothers the contract was awarded to Moulder Brothers, 511 Western Avenue, Glendale, in the amount of $345.350.00, 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 Rental of Vydec On motion by Councilman McFarland, seconded by Text Editor Councilman Raciti, authorization was given to rent a Vydec Text Editor as a sole.sour.ce item from Vydec, Awarded - Vydec Incorporated, 1400 Quail Street, Newport Beach, at a Sole Source monthly cost of $616.00, plus tax, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Change Order for A Change Order to the contract with Alden's Carpet Bid Item 329 for Bid Item 329, Carpeting for the Police Depart- ment, was presented. The proposed change will add Alternate 6, to carpet the remainder of the second floor at the Police Department. On motion by Councilman McFarland, seconded by Councilman Raciti, the Change Order was approved in the amount of $6,512.56, plus tax, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 351 Bids received for Bid Item 351, Pavement Markers, Pavement Markers are on file in the Clerk's office.. On motion by Councilman McFarland, seconded by Councilman Raciti, Awarded - Western the bid was awarded to Western Highway Products, Highway Products Post Office Box 7, Stanton, in the amount of $4,040.00, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 352 Bids received for -Bid Item 352, for the Furnishing Rotary Mower of One Rotary Mower, are on file in the Clerk's office. On motion by Councilman McFarland, seconded Awarded - by Councilman Raciti, the bid was awarded to Toro Toro Pacific Pacific Distributing, 16212 South.Broadway, Gardena, in the amount of $4,995:00, 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 Destruction On motion by Councilman McFarland, seconded by Council - of Records - man Raciti, Resolution 77-55, being A RESOLUTION OF Finance THE CITY COUNCIL OF THE CITY OF COSTA MESA, AUTHORIZING Department RECORDS DESTRUCTION FOR THE FINANCE DEPARTMENT FOR THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE 75-60, was Resolution 77-55 adopted by the following roll call vote: Ordinance 77-15 AYES: Council Members: Hertzog, Hammett, Adopted Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Councilman McFarland, seconded by Council Adjustment 77-27 man Raciti, Budget Adjustment 77-27 for Construction of. Restrooms and Snack Shop at TeWinkle School, was approved in the amount of $15,000.00, 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 7 on the Consent Calendar, a request from Diane - Humrick Humrick, Ridgewood, 509-A 35th Street, Newport Beach, to hold a one-night concert at the Harbor Roller Rink, Denied 1762 Superior Avenue,.on May 30, 1977, was presented. The Council expressed concern about the lack of ade- quate parking facilities to handle this event. The applicant was not present to answers questions from the Council, and therefore this item was trailed until-, the end of the meeting. At that time, the applicant still was not present. After further discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the request was denied. Landscape of Item 17(e) on the Consent Calendar, the contract award TeWinkle Hill for TeWinkle Hill, was presented. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, Bids Rejected and. carried, all bids were rejected and this item will be rebid at a later date. Budget Budget Adjustment 77-56, regarding the TeWinkle Hill Adjustment 77-56 Project, was removed from the Agenda. Removed from Agenda Procedures for The Clerk presented, for second reading and adoption, Land Use Matters Ordinance 77-15, regarding procedures for processing - land use matters. The City Attorney indicated that a minor revision has been made to the ordinance deleting the fee schedule. This will be established separately by resolution. On motion by Vice Mayor Hammett, Ordinance 77-15 seconded by Councilwoman Smallwood, Ordinance 77-15, Adopted being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO METHODS AND PROCEDURES OF PROCESSING LAND USE MATTERS AND DELEGATING AUTHOR- ITY TO ACCOMPLISH SAME, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ZE-77-36 The Clerk presented from the meeting of April 18, 1977, Viotto application for Zone Exception ZE-77-36, Peter A. Viotto, 1068 Salvador Street, Costa Mesa, for a Denied variance -to construct a wall sign and ground sign exceeding maximum sign area and he in a C1 -CP zone located at 3130 Harbor Boulevard. Environmental Determination: Exempt. Since the last meeting, the applicant has submitted a revised request comprised of two 32 square foot ground signs, and two 32 square foot wall signs, for a total of 128 square feet. The Plan- ning staff recommended denial of the revised request based on the opinion that there is insufficient hardship to warrant granting of the variance. The applicant was present to answer questions from the Council. After discussion,.on motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, Vice Mayor Hammett voting no, the request was denied. Magic Carpet The Clerk presented a request from Magic Carpet Ambu- Ambulette lette Service, to reduce liability insurance require - Insurance ments. The Finance Director has recommended denial Decrease of the request as the present insurance limits are at a minimum level, but suggested that consideration Denied might be given to,a rate increase. After discussion, on motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, the request was denied. Warrant On motion by Councilwoman Smallwood, seconded by Vice Resolution 984 Mayor Hammett, Warrant Resolution 984, including Pay- roll 7708, 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 Councilman Raciti, seconded by Council - Resolution 985 woman Smallwood, Warrant Resolution 985 was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Joint Traffic The City Manager presented a recommendation to join Study with with the City of Newport Beach in a traffic study. Newport Beach The City of Newport Beach is planning to complete a traffic study that will encompass most of Costa Mesa. Agreement = The Director of Public Services indicated that Costa Herman Kimmel and Mesa could be included in the study for an approximate Associates cost of $35,000.00, which would represent a consider- able saving to the City. The City of Costa Mesa will constract separately with Herman Kimmel and Associ- ates, 4242 Campus Drive, Suite E-6, Newport Beach, for its share of the total overall project. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, the recommendation was approved 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 R-77-08 set for the public hearing for Rezone Petition R-77-08, Costa Mesa Planning Commission, for permis- sion to rezone property located at 1711 and 1747 1 1 ;1 Anaheim Avenue,.and 1703 Superior Avenue, from C2 to MG, in -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 November 5, 1974. The Affidvait of Publication is on file in.the Clerk's office. No communications have been received. Dick Kaiser, owner of the property at 1703 Superior Avenue, spoke in favor of retaining the C2 zone on his property. Mr. Kaiser recently purchased this property and is in the process of improving the bowling alley which presently occupies this site. Rollo McClellan, owner of the property at 1711 Anaheim Avenue, adjacent to Mr. Kaiser's property, also.spoke in favor of retaining the C2 zoning. Both Mr. Kaiser and Mr. McClellan have discussed the possibilities of expand- ing the bowling alley. There being no other speakers, the Mayor closed the public hearing. During the discussion which followed, the Council expressed agreement that the property at 1711 Anaheim Avenue and 1703 Superior Avenue should remain C2. On motion by Councilwoman Smallwood, seconded by Vice Mayor Ordinance 77-16 Hammett, -Ordinance 77-16, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 407, NEWPORT MESA TRACT, FROM C2 TO MG, 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 On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, the requested zone change for the property at 1711 Anaheim Avenue and 1703 Superior Avenue, was denied. On final motion by Councilman Raciti, seconded by Councilwoman Smallwood, and carried, the Planning Department was authorized to initiate an amendment to the General Plan and Redevelopment Plan, to commercial, for the properties at 1711 Anaheim Avenue and 1703 Superior Avenue. Public Hearing The Clerk announced that this was the time and place R-77-11 set for the public hearing to consider Rezone Petition R-77-11, Costa Mesa Planning Commission, for permis- sion to rezone property located at 1600-1656 Iowa Street, from R4 -CP to R3 -CP, in conformance with the General Plan. Environmental Determination: Negative Declaration for GP -77-1D. The Affidvait of Publica- tion is on file in. the Clerk's office. No communica- tions have been received. The Planning Commission recommended approval of the request. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilwoman Ordinance 77-17 Smallwood,. Ordinance 77-17, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF TRACT 6614, FROM R4 -CP TO R3 -CP, 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 R-77-12 set for the public hearing to consider Rezone Petition R-77-12, Costa Mesa Planning Commission, for permis- sion to rezone property located northwest of Mesa Ordinance 77-18 First Reading Public Hearing R-77-13 Ordinance 77-19 First Reading Public Hearing R-77-14 Ordinance 77-20 First Reading Verde Drive West and northeast of Club House Road, from R4-CP`to R2 -CP, in conformance with the General Plan. Environmental Determination: Negative Declaration for GP -77-1D. The Affidavit of Publica- tion is on file in the Clerk's office. No. communi- cations have been received. There being no speakers, the Mayor closed.the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, Ordinance 77-18,�being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF -COSTA MESA, CALIFORNIA, CHANG- ING THE ZONING OF TRACT 4660, FROM R4 -CP TO R2 -CP, 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 The Clerk announced that this was the time and place set for the -public hearing for Rezone Petition R-77-13, Costa Mesa Planning Commission, for permis- sion to rezone property located at 2775 Mesa Verde Drive East, from Cl -CP and R2 -CP to R3 -CP, in conformance with the General Plan. Environmental Determination: Negative Declaration for GP -77-1D. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. There being -no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, Ordinance 77-19, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF BLOCK 55, FAIRVIEW TRACT, FROM C1 -CP AND R2 -CP TO R3 -CP, 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 The Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-77-14, Costa Mesa -Planning Commission, for permis- sion to rezone property located at 3300 Alabama Circle, from Rl to I and R, in conformance with the General Plan. Environmental Determination: Negative Declaration for GP -77-1D. The Affidavit of Publica- tion is on file in the Clerk's office. No communi- cations have been received. There being no speakers, the Mayor closed the public hearing.. On motion by Vice Mayor Hammett, seconded by Councilwoman Small- wood, Ordinance 77-20, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANG ING THE ZONING OF TRACT 6693, FROM Rl TO I AND R, 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 ZE-77-33 The Director of Planning presented an application for Gesler Zone Exception ZE-77-33, Michael G. Gesler, 1451 East Irvine Boulevard, Tustin, for a Conditional Use Permit to construct a 2,860 square foot drive-through fast-food restaurant, with variances from the required building setback and front landscape 1-1 1 w0 J5 setback, in a Cl -CP zone located at 3150 Harbor Boulevard. Environmental Determination: Negative Declaration. This application has been revised since it was referred back to the Planning Commis- sion by the City Council on,March 21, 1977. The Planning Commission recommended approval of the revised request subject to conditions. Communica- tions in opposition to the request have been received from Mr. and Mrs. James W. Marron, 1430 Shamrock Lane, Costa Mesa., and L. V. Olson, 3196 Chemin De Fer Way, Costa Mesa. Frank Remer and Michael Gesler were present to answer questions from the Council. During the discussion which followed, some concerns were expressed that the landscaping may not be sufficient. The Director of Planning suggested that the bumper stops on the front parking could be eliminated, thereby'enabling the landscape curbing to be moved back to serve as the bumper stop and at the same time widening the landscaped area to 12-1/2 fe6t. After considerable discussion, 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, with the landscaping details to be worked out under the direction of the Planning Director. ZE-77-58 The Director of Planning presented an application for Caldwell/Douglas Zone Exception ZE-77-58, Rob H. Caldwell and Malcolm B. Douglas, 376 West Bay Street, Apartment L, Costa Mesa, for a Conditional Use Permit to operate a motorcycle repair business with retail sales of accessories, in an MG zone located at 755 West 17th Street, Unit H. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant, Malcolm Douglas, was present and agreed to the condi- tions. On motion by Vice Mayor Hammett, seconded by Councilman McFarland. and carried, the Exempt Declar- ation 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-77-60 The Director of Planning presented an application for Williams Zone Exception ZE-77-60, Vernon Williams, 13692 New - hope Street, Garden Grove, for a variance from the Denied maximum sign area allowed per site, to construct two wall signs, in a C2 zone located at 1921 Harbor Boulevard. Environmental Determination: Exempt. The Planning Commission recommended approval of the Harbor Boulevard sign for one year, and denial of the Fairfax Drive sign. No communications have been received. The applicant was not present. After discussion, on motion by Councilman McFarland, seconded by Vice Mayor Hammett, and carried, the request was denied. ZE-77-61 The Director of Planning presented an application for Dallazen Zone Exception ZE-77-61, Luiz A. Dallazen, 755 West 17th.Street, Units F and G, Costa Mesa, for a Condi- tional Use Permit to conduct an automobile repair business, 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 present and agreed to the condtions. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to con- ditions as recommended by ,the Planning Commission. ZE-77-63 The Director of Planning presented an application for Cashco Zone Exception ZE-77-63, Cashco Partners, Limited, 1000 Quail Street, No. 290, Newport Beach, for a Conditional Use Permit to construct a 2,016 square foot office building with a variance to encroach into the required rear yard setback, in a C2 -CP zone located at 2013 Newport Boulevard. Environmental Determination: Negative Declaration. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant, Kent Schisler, was present to answer questions from the Council. After discussion, on motion by Council- man McFarland, 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 recommended by the Planning Commission. ZE-77-64 The Director of Planning presented an application for MBT, Zone Exception ZE-77-64, MBT, Incorporated, 923 North Incorporated Poinsettia Avenue, Brea, .for a Conditional Use Permit to conduct a vehicle finishing and detailing business with -variances from required vehicular maneuvering area and to exceed permitted signing in a Cl zone located at 1520 Ponderosa Street. Environmental Deter- mination: Negative Declaration. The Planning Commission recommended approval subject to conditions. No communications have been received. The request for a sign variance was withdrawn by the applicant at the Planning Commission meeting. William R. Fish, President of MBT, Incorporated, was present to answer questions from the Council. Mayor Hertzog asked about a strip of undeveloped land between the properties. Mr. Fish indicated that this is owned by Kinney's and that an attempt will be made to obtain it for additional park- ing area, or if this is not possible, to share the cost of paving it. Grace Rowland, 2910-A Peppertree Lane, Costa Mesa, voiced concerns about the impact of this business on the adjacent.residential area with regard to noise, hours of operation., etcetera, and generally felt that this use is unsuitable for the site. James Gepler, contractor for the project, indicated that the building will be fully.insulated to eliminate any noise factor. After considerable discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Mayor Hertzog.voting no, the Negative Declaration of'Environmental Impact was accepted as meeting the requirements of the law, the sign variance withdrawn, and the application approved, subject to conditions as recommended by the Planning Commission. ZE-77-65 The Director of Planning presented an application for P1aia Zone Exception ZE-77-65, Michael A. Plaia, 124 East 17th Street, Costa Mesa, for a Conditional Use Permit to conduct a warehousing operation with on-site retail sales, in an MG zone located at 1690 Placentia Avenue, Unit F. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present to answer questions from the Council and agreed to the conditions. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-77-70 The Director of Planning presented an application for Jenkins Zone Exception ZE-77-70, George E. Jenkins, 27 Alder - brook, Irvine, for a variance to legalize a 16 -foot wide driveway (20 feet required) in order to complete construction of six apartments in an R2 zone located at 2521 Orange Avenue. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present to answer -ques- tions from the Council and agreed to the conditions. Gene Palaferri, the building contractor, was ques- tioned at length as to why this project was not built according to the plans approved by the City. Mr. Palaferri stated he was not aware that the 16 -foot driveway was illegal as he had installed other drive- ways at this width in the City, naming one at 2477 --Elden Avenue. During the discussion which followed, .,. the Council expressed great concern with this viola- -tion and made the following motions under protest. A --motion by Vice Mayor Hammett, seconded by Councilman Rac_iii, to approve the request subject to conditions, failed to carry, Mayor Hertzog and Council Members Smallwood and McFarland voting no. A further motion was made by Councilman McFarland, seconded by Vice _-Mayor Hammett, and carried, to reconsider the previous --. _ . _ - motion. On final motion by Vice Mayor Hammett, ..'seconded by Councilman Raciti, and carried, Mayor Hertzog and Councilwoman Smallwood voting no, the Exempt Declaration of Environmental,Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. Oral Jerry Zwers, representing Gemini Originals, requested Communications a Business Permit to conduct an art show and sale at the Orange County Fairgrounds, on May 21, June 12, August 7, September 4, October 1, November 6, and December 1, 1977. The City Manager recommended approval subject to the condition that the temporary sellers permit number be valid for Costa Mesa. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the request was approved subject to the foregoing condition. John Fiorda, 3074 Van Buren Avenue, Costa Mesa, owner of Pacific Camera Shop at 730 West 19th Street, com- plained about the spray painting activities of his neighbor at 728 West 19th Street, which interferes greatly with the operation of his business. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman Raciti, and carried, this matter was referred to the City Manager for investigation and a report back at the next Council meeting. Councilmanic Councilman McFarland discussed a recent visit to The Comments Shelter which he said was very informative and urged other Council Members to do likewise. Secondly, Councilman McFarland requested the staff to look into the possibility of naming the Bear Street Park after a gentleman who has lived in the City for a consider- able time and who will be celebrating his 100th birthday shortly. Lastly, Councilman McFarland requested the staff to review the procedure for adding the CP designation to the R2, R3, and R4 zones. Councilman Raciti requested the Liaison Committee to get together with the Water District at the earliest possible date to discuss policies for fire hydrant installations. '20 Adjournment At 10:20 p.m., the Council.adjourned to Executive to Executive Session in the first floor Conference Room. In Session Executive Session, Roy June stated his intentions to retire from his position as City Attorney as of August 31, 1977. ` The meeting reconvened at 10:50 p.m.. and after dis- cussion, it was announced that a Council Study Session would be held on May 11, 1977, at 3:00 p.m., in the fifth floor Conference Room. Adjournment The Mayor adjourned the meeting at 11:00 p.m. e iE MA _ i, r tri i.� . ry r 41 ATTEST: O64ZLOA.J City Clerk of the City of Cos Mesa 1 1