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HomeMy WebLinkAbout05/16/1977 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 16, 1977 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., May 16, 1977, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Donald Thurman, Costa Mesa Nazarene Church. Roll Call Council Members Present: Hertzog, Raciti, McFarland, Smallwood Council Members Absent: Hammett Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk Minutes On motion by Councilman McFarland, seconded by . April 26 and Councilwoman Smallwood, and carried, the Minutes of May 2, 1977 the special meeting of April 26, 1977, were approved as distributed and posted as there were no correc- tions. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Minutes of the regular meeting of May 2, 1977, were approved as distributed and posted as there were no corrections. Presentation On motion by Mayor Hertzog, seconded by Councilman McFarland, Resolution 77-56, being A RESOLUTION OF Resolution 77-56, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Commending.. FORNIA, COMMENDING. POLICE OFFICER JEFF MILLER FOR Police Officer OUTSTANDING VALOR, was adopted by the following roll Jeff Miller call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Officer Jeff Miller was present to receive the Resolu- tion from Mayor Hertzog. Proclamation - A proclamation declaring the week of May 7 through 15, Municipal 1977, as Municipal Clerk's Week, was approved. Clerk's Week Proclamation - A proclamation declaring the month of May, 1977, as Older Americans Older Americans Month, was approved along with a Month Certificate of Appreciation to the Costa Mesa Senior Citizens. Ordinances/Order On motion by Councilman McFarland, seconded by Council - of Business woman Smallwood, and.carried, the Agenda order of business was changed, and all ordinances will be read by title only. CONSENT CALENDAR. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, the Consent Calen- dar items were approved in one motion, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Application of A memorandum regarding the Planning Commission's Sign Ordinance interpretation of application of the Sign Ordi- to Car Washes nance to car washes, was received for information only. 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 isrequired: Norvia L. Moye; Michael Correll; Alexander J. Kazutoff on behalf of Mary M. Falk; Attorney Gregory Munoz on behalf of Jeannette Speigel; and Marguerite B. Yarbrough. State Department Notice of Intention to relinquish a highway of Transportation right-of-way in the City of Costa Mesa, Road Reference No. 07 -Ora -73-6.5/7.7, Request No. 959, from the State of California, Department, of Transportation. Public Utilities Notice of Hearing of Application No. 57199, Commission Southern California Edison Company, for authority to modify its Energy Cost Adjustment Billing Factor to provide for quarterly revi- sions thereof, set for May 18, 1977, at 10:00 a.m., 107 South Broadway, Los Angeles. Notice of Hearing -of Application No. 57179, San Diego Gas and Electric Company, for authority to increase its gas rates and charges to offset the increased costs of purchased gas; and Application No. 57196, in the matter of.Advice Letters 1053 and 1055 of Southern California Gas Company, to increase revenues to offset higher gas costs resulting from increases in the -price of natural gas purchased from Transwestern Pipeline Company, E1 Paso Natural Gas Company, and Pacific Interstate Transmission Company; to be held jointly on May 12, 1977, at 10:00 a.m., 107 South Broadway, Los Angeles. Comprehensive Minutes of -the Board of Supervisors of Orange Youth Diversion County, regarding an amendment to the Compre- Program hensive Youth Diversion Program providing for additional funds. Sales and Use A resolution from the City of. Tustin, urging Tax` -Revenues State legislation to restore the cities' previous 20 percent share of Sales and Use Tax revenues. Assembly Bill A letter from Mayor W. J. Thom, City of Ana - No. 1560 heim,-urging support of Assembly Bill No. 1560, which would give citizens the opportunity to know a judge's judicial performance as it is related to his or her felony sentencing rate. Assembly Bill A resolution from the City of Huntington Beach, No. 1109 supporting Assembly Bill 1109, regarding reim- bursement for beach -related costs. Notices of Public Notice of Public Hearing.from the City of Hearings from the Irvine to consider the vacation of Yale Avenue, City of Irvine said hearing to be held on May 10, 1977, at 7:30 p.m. Notice of Public Hearing from the City of Irvine to consider General Plan Amendment No. 1 1 1 Business Permit A request.from American Legion Auxiliary Unit No. 455, 565 West 18th Street,: Costa Mesa, to sell buddy American Legion poppies at various locations, May 20-21, 1977, was approved. Set for Public The following items were set for public hearing on Hearing June 6, 1977, at 6:30 p.m., in the Council Chambers of City Hall: R -77-10A Rezone Petition R -77-10A, Dr. and Mrs. John Chung and K. C. Chung, 211 East 18th Street, Costa Mesa, Planning and the Costa Mesa Planning Commission, for Commission permission to rezone property located at 211 and 213 East 18th Street, and 1789 Rogers Place, from AP to R2 -CP, in conformance with the General Plan. Environmental Determina- tion: Negative Declaration. R-77-15 Rezone Petition R-77-15, James and Anna Gray, Gray 1478 Galaxy Drive, Newport Beach, for permis- sion to -rezone property located at the south- east corner of Wilson Street and College Avenue, from C2 to R4 -CP, in conformance with the General Plan.. Environmental Determination: Negative Declaration. R-77-16Rezone Petition R-77-16, Henry C. Vaughn, 2800 Vaughn Cliff Drive, Newport Beach, for permission to rezone property located at 1927 and 1933 Maple Avenue, from R2 to R3, in conformance with the General Plan. Environmental Determination: Negative Declaration. R-77-17 Rezone Petition R-77-17, Roger.G. McKinnon, McKinnon 2737 East.Coast Highway, Corona del Mar, for permission to rezone property located at Fair= view -Road and Avocado Street, from Cl, C2, and R2 to R4 -CP, in conformance with the General Plan. Environmental Determination: Negative Declaration. Federal.Revenue. Distribution of Federal Revenue Sharing funds Sharing.. budgeted for the Fiscal Year 1977-78. Refunds On -recommendation by the Director of Finance, a refund of $25.00 to Anthony N. Moriana, Rae's Fashions, 1834 Rae's Fashions Newport Boulevard, Costa Mesa, on Business License 4, .the related Environmental Impact Report, new elements and policies, and possible selec- tion of a single land use plan, said hearing to be held on May 12, 1977, at 7:30 p.m. Alcoholic Beverage Alcoholic Beverage License applications for Licenses which parking has been approved by Planning from: John Y. and Romona Ahn, doing business as Party Time Liquor, 1538 Adams Avenue; Carl A. and Esther C. Hayes, doing business at 2052 Newport Boulevard; Mathew Kurlich, Jr., doing business as Fettucini's, 2831 Bristol Street; Clifton E. Snelson, doing business as Fargo Sandwich Shop, 1599 Superior Avenue, A-5; Pic N' Save of California, Incorporated, doing business as Pic N' Save, 175 East 17th Street; James N. and Mary K. Henry, doing business as George's, 505-11 West 19th Street; and Southland Ventures, Incorporated, doing End - business as Pierce Street Annex, 330 East 17th Reading Folder Street. Business Permit A request.from American Legion Auxiliary Unit No. 455, 565 West 18th Street,: Costa Mesa, to sell buddy American Legion poppies at various locations, May 20-21, 1977, was approved. Set for Public The following items were set for public hearing on Hearing June 6, 1977, at 6:30 p.m., in the Council Chambers of City Hall: R -77-10A Rezone Petition R -77-10A, Dr. and Mrs. John Chung and K. C. Chung, 211 East 18th Street, Costa Mesa, Planning and the Costa Mesa Planning Commission, for Commission permission to rezone property located at 211 and 213 East 18th Street, and 1789 Rogers Place, from AP to R2 -CP, in conformance with the General Plan. Environmental Determina- tion: Negative Declaration. R-77-15 Rezone Petition R-77-15, James and Anna Gray, Gray 1478 Galaxy Drive, Newport Beach, for permis- sion to -rezone property located at the south- east corner of Wilson Street and College Avenue, from C2 to R4 -CP, in conformance with the General Plan.. Environmental Determination: Negative Declaration. R-77-16Rezone Petition R-77-16, Henry C. Vaughn, 2800 Vaughn Cliff Drive, Newport Beach, for permission to rezone property located at 1927 and 1933 Maple Avenue, from R2 to R3, in conformance with the General Plan. Environmental Determination: Negative Declaration. R-77-17 Rezone Petition R-77-17, Roger.G. McKinnon, McKinnon 2737 East.Coast Highway, Corona del Mar, for permission to rezone property located at Fair= view -Road and Avocado Street, from Cl, C2, and R2 to R4 -CP, in conformance with the General Plan. Environmental Determination: Negative Declaration. Federal.Revenue. Distribution of Federal Revenue Sharing funds Sharing.. budgeted for the Fiscal Year 1977-78. Refunds On -recommendation by the Director of Finance, a refund of $25.00 to Anthony N. Moriana, Rae's Fashions, 1834 Rae's Fashions Newport Boulevard, Costa Mesa, on Business License 0 -CD 14062, was approved by the following roll call vote: Stale -dated A list of uncashed checks totaling $56.85, was pre - Checks sented. On motion by Councilman McFarland, seconded by Councilwoman Smallwood,authorization was given to write-off these'checks, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett AYES: Council.Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Victoria's On recommendation by the Director of Finance, a refund of $35.00 to Edna L. Moffat, Victoria's, -2300 Harbor Boulevard,..Costa Mesa, on Business License 1599, due to closure of business, was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Application On motion by Councilman McFarland, seconded by Council - Withdrawal woman Smallwood, withdrawal of the application for Zone Exception ZE-77-95,.James Montgomery Consulting Engi- ZE-77-95 neers, 555 East Walnut Street, Pasadena, for the Costa Montgomery Mesa County:Water'District, for a.variance from the Engineers required .rear setback to construct a truck parking structure on the rear property line, in an MG zone located at 1965 Placentia Avenue, and refund of the total fee, were approved by the following roll call vote: AYES:- Council Members: Hertzog, Raciti, Smallwood, McFarland .NOES:.Council Members: None ABSENT: Council Members: Hammett Claim - Velo.z. On motion by Councilman McFarland, seconded by Council - Denied :woman Smallwood, and carried, the claim of Charles 'Veloz was denied. Claim - Schneider ..On motion by Councilman McFarland, seconded by Council - Denied woman Smallwood, and carried, the claim of Eva R. Schneider was denied. Claim - Sines On motion by Councilman McFarland, seconded by Council - Denied woman Smallwood, -and carried, the claim of William Sines was denied. Accounts A list of uncollectable accounts totaling $4,409.15, Receivable was presented. On motion by Councilman McFarland, Write-offs seconded by .Councilwoman Smallwood, authorization was given to write off these accounts, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Stale -dated A list of uncashed checks totaling $56.85, was pre - Checks sented. On motion by Councilman McFarland, seconded by Councilwoman Smallwood,authorization was given to write-off these'checks, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Renewal of Traffic The Director of Public Services recommended renewal Signal Maintenance of the Traffic Signal Maintenance contract with Contract Signal Maintenance, Incorporated, 1158 Kraemer Place, Anaheim, in the amount of $15,120.00. This repre- sents an increase of approximately 11 percent. On motion by.Councilman.McFarland, seconded by Council- woman Smallwood, the contract renewal was approved as recommended, by the followingroll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Prohibition of The Traffic Commission recommended a prohibition of Parking on parking on Sunflower Avenue between Bear Street and Sunflower Avenue Smalley Road, to provide for additional traffic, lanes and bicycle facilities. On motion by Council- man McFarland, seconded by Councilwoman Smallwood, Resolution 77-57 Resolution 77-57, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PRO- HIBITING PARKING ON A PORTION OF SUNFLOWER AVENUE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Prohibition of The Traffic Commission recommended a prohibition of Parking on parking on Bristol Street between the Newport Freeway Bristol Street and Baker Street, to provide an additional northbound traffic lane. On motion by Councilman McFarland, Resolution 77-58 seconded by Councilwoman Smallwood, Resolution 77-58, •being,A RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A POR- TION -OF BRISTOL STREET, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT:: Council Members: Hammett Prohibition of The Traffic Commission recommended a prohibition of Parking on West parking at 351 West Bay Street for safety purposes. Bay Street On motion by Councilman McFarland, seconded by Councilwoman Smallwood, Resolution 77-59, being A Resolution 77-59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF WEST BAY STREET, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Relocation of The Traffic.Commission recommended the relocation of Bus Stops Bus Stops at Fairview Road and Adams Avenue; Baker and Babb Streets; and Red Hill and Paularino Avenues, for greater safety -and convenience to bus patrons. On motion by Councilman McFarland, seconded by Resolution 77-60 Councilwoman Smallwood, Resolution 77-60, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELOCATING BUS -STOPS IN THE CITY OF COSTA MESA, was adopted.by the following roll call vote: 21 41. ,AYES: Council Members:. Hertzog, Raciti, 1 1 Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Amendment No. 2 Amendment No. 2 to the .joint Exercise of Powers Agree - to NIWA Agreement ment creating the Newport -Irvine Waste -Management Planning Agency, was.presented. The amendment will provide.short term'borrowing powers and allow NIWA to meet contract payments and function ona financially sound basis. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, Amendment No. 2 was approved, and the Mayor and Clerk authorized to sign onsbehalf of the City, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett R-76-42 On motion by Councilman McFarland, seconded by Council - Sewell man Raciti, Ordinance 76-63, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 76-63 CHANGING THE ZONING OF A PORTION OF LOT "A", BANNING Adopted TRACT, FROM C1 TO R4 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett R-77-08 On motion by Councilman Raciti, seconded by Council- -man McFarland, Ordinance 77-16, being AN ORDINANCE OF Ordinance 77-16 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF A PORTION OF LOT 407, NEWPORT MESA TRACT, FROM C2 TO MG, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett R-77-11 On motion by Councilwoman Smallwood, seconded by Councilman McFarland, Ordinance 77-17, being AN Ordinance 77-17 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS ONE THROUGH ELEVEN AND NINETEEN THROUGH FORTY-THREE OF TRACT 6614, FROM R4 -CP TO R3 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood,, McFarland NOES: Council Members:- None ABSENT: Council Members: Hammett R-77-12 On motion by Councilman'McFarland, seconded by Council- woman Smallwood, Ordinance 77-18, being AN ORDINANCE OF Ordinance 77-18 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF TRACT.4660, FROM R4 -CP TO R2 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett 1 1 R-77-13 On motion by Councilman Raciti, seconded,by Councilman McFarland, Ordinance 77-19, being AN ORDINANCE OF THE Ordinance 77-19 CITY COUNCIL OF.THE CITY 07 COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING.OF A PORTION OF BLOCK 55, FAIRVIEW TRACT, FROM Cl -CP AND R2 -CP TO R3 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett R-77-14 On motion by Councilwoman Smallwood, seconded by Councilman McFarland, Ordinance 77-20, being AN ORDI- Ordinance 77-20 NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted CALIFORNIA, CHANGING THE ZONING OF LOT A OF TRACT 6693, FROM Rl TO I AND R, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Request,for The Clerk presented a request for rehearing from Rehearing - San E. Vaccaro and Spoiler Yachts, Incorporated, 1201 Spoiler Yachts Dove.Street, Suite 370, Newport Beach, regarding Zone Exception ZE-76-194, which was approved by Council on Denied April 18, 1977. Attorney Vaccaro informed the Council that the applicant cannot comply with certain of the conditions and wishes to present a compromise plan. Attorney Vaccaro alleged that his client has been treated unfairly in that other businesses throughout the City have not had to comply with the conditions imposed upon the applicant. He further alleged pro- cedural,error for the reason stated -that the Council was not advised of a petition from 16 interested parties in support of the applicant. The detailed grounds .for rehearing are elaborated in Schedule "A" attached to theapplication for rehearing. Council- man Raciti spoke in favor of allowing the rehearing. The other Council Members were of the opinion that no grounds exist to justify a rehearing. A motion by Councilman Raciti to approve the rehearing died for lack of a second. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, Councilman Raciti voting no, Vice Mayor Hammett absent, the request was denied. Request for The Clerk presented a request for rehearing from Rehearing - Terry Clark and Vernon L. Williams, 10532-B Trask Clark/Williams Avenue, Garden Grove, regarding Zone Exception ZE-77-60 ZE-77-60, which was denied by Council on May 2, 1977. The applicant, Vernon Williams, was present and Hearing_Set alleged that the notification of the meeting had been sent to the wrong address and arrived too late for him to be in attendance. After discussion, on motion by Councilman.Raciti, seconded by Councilwoman Small- wood, and carried, the request was approved and the hearing date set -for June 6, 1977. Warrant On motion by Councilman Raciti, seconded by Councilman Resolution 986 McFarland, Warrant Resolution 986 was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Warrant On motion by Councilwoman. Smallwood, seconded by Mayor Resolution -987 Hertzog., Warrant.Resolution.987, including Payroll 7709, was approved by the -following roll call vote: AYES: Council Members:. Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Application for On motion.by Councilwoman Smallwood, seconded by Grant Funds Councilman McFarland, Resolution 77-61, being A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF COSTA Resolution 77-61, MESA, CALIFORNIA, APPROVING.APPLICATION FOR GRANT FUNDS UNDER THE.ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM, was adopted by the following roll call vote: AYES: Council Members: .Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council. Members: Hammett TeWinkle Park The one bid received on the second call for bids for Hill Construction the TeWinkle Park Hill Construction, is on file in the Clerk's office. At the previous.bid opening, all Bid Rejected.. bids were rejectedwhen it -was discovered that the low bidder had made an error in his proposal. The bid -received today from G. A. MacDonald Construction Company, Incorporated, is $150,000.00 more than his previous proposal 10 days ago. The City Manager stated that the cost for this project has accelerated to a point where it is not -economically feasible to proceed, and therefore, recommended that this bid be rejected.. The City Manager further recommended that the park be.redesigned and completed under a phasing program, but the.redesign.could not be carried in time to qualify for the present Federal funding. Councilman Raciti-spoke in opposition to this recom- mendation, expressing his opinion that the Council should have a Study Session, to -discuss it further when Vice Mayor Hammett returns. After further discussion, on motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Councilman Raciti voting no, the bid was rejected. Bid Item 353 On motion by Councilman -McFarland, seconded by Council - Trees woman Smallwood, and carried, award of the contract for Bid Item 353, Trees, was held over to the meeting of Held Over June 6, 1977. Naming of Bear The City Manager presented a proposed resolution to Street Park name the Bear Street Park, the J. W. Shiffer Park; in honor of a long time resident of the area. On motion motion by Councilwoman Smallwood, seconded by Council - Resolution 77-62 man McFarland, Resolution 77-62, being A RESOLUTION OF J. W. Shiffer Park THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, NAMING J. W. SHIFFER PARK IN HONOR OF JACOB W. SHIFFER, was adopted by the followingroll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council.Members: None ABSENT: Council.Members: Hammett 1977-78 Budget The City -Manager -submitted the 1977-78 Budget in the amount of $22,734,720.00. A public discussion was Public Discussion set for June 6, 1977, with a Council Study Session Set June 6, 1977 on May 25, 1977. 1 1 i Public Hearing The Clerk announced that this was the time and place SP -76-03 set for the public hearing to consider Specific Plan SP -76-03, Costa Mesa Planning Commission, for property located east of Fairview Road, between Sun- flower Avenue and the San Diego Freeway, and south of Sunflower Avenue, and east of Smalley Road. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for General Plan Amendment GP -76-3D, accepted by Council on September 20, 1976. The Planning Commission has recommended approval of the Plan subject to amend- ments as outlined in their Resolution PC -77-01. Additionally, an amendment to the Plan was recom- mended by the Planning staff, adding the following sentence to the end of Paragraph 2, Page 7: "Because of a previous agreement, the City will construct the necessary improvements on Sunflower Avenue adjacent to Parcels 1 and 3 in exchange for the property owner's dedication of the required right-of-way." The City Attorney recommended an amendment to Development Standard No. 10 on Page 6 to include the alternative of a landscape assessment district for the maintenance of the required setbacks along Smalley Road and Sun- flower Avenue. This could be accomplished under the Landscaping and Lighting Act of 1972. Paul Diehl, 1092 Santa Cruz Circle, representing the North Costa Mesa Homeowners Association, voiced no opposition to the conceptual plan but indicated a preference to remove the PDR in favor of assigning the•specific zoning to the various parcels. Some discussion was held on this matter and the staff indicated that to accomplish this would delay the project several months. It was also indicated that the residential development on Parcel 5 is approaching commencement. George Kurilko, representing C. J. Segerstrom and Sons, owners of Parcels 1, 2, and 3, agreed to the amendments as recommended by the staff and Planning Commission. Bill Frost, representing Dana Smith, owner of Parcel 4, spoke in support of the City Attorney's suggestion regarding the landscaping assessment district. Dick Kaupp, 3001 Red Hill Avenue, Costa Mesa, representing Foley Construction, the developer of Parcel 5, directed the Council's atten- tion to Paragraph 2 on Page 7 of the Plan. Mr. Kaupp indicated that the other developments adjacent to Parcel 5 are developed with a 40 -foot right-of-way, 80 feet total, and requested that their development meet the same criteria instead of the 84 feet indi- cated in the Plan. The Director of Public Services agreed that this would be acceptable. During the discussion which followed, clarification was requested regarding Development Standard No. 7 on Page 6 of the Plan. To allow more flexibility in the fulfillment of the park land requirements, it was decided to change the word "will", in Line 3 of Standard No. 7, to the word "should". There being no other speakers, the Mayor closed the public hearing. On motion by Resolution 77-63 Councilman McFarland, seconded by Councilwoman Small - wood, Resolution 77-63, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPT- ING A SPECIFIC PLAN SP -76-03 FOR PROPERTY LOCATED EAST OF FAIRVIEW ROAD BETWEEN SUNFLOWER AVENUE AND THE SAN DIEGO FREEWAY, was adopted, including the amendments of the Planning Commission and the modifications recommended by the staff as previously outlined, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Public Hearing The Mayor announced that this was the time and place R-76-62 set for the public hearing for Rezone Petition R-76-62, Costa Mesa Planning Commission, for permis- sion to rezone property extending approximately 630 feet east of Fairview Road, between Sunflower Avenue and the San Diego Freeway, from C1 and C2 to PDR -MD, and the property located approximately 1,200 feet east of Fairview Road and south of Sunflower Avenue, from Al to PDR -LD. The California Environmental Quality Act requirements have been met by the Environ- mental Impact Report for General Plan Amendment GP -76-3D, accepted by Council on September 20, 1976. The Planning Commission recommended approval. Since this item is related to the previous item, no further discussion was offered, and the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, Ordinance 77-21, Ordinance 77-21 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF First Reading COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LAND IN THE GENERAL LOCATION EAST OF FAIRVIEW ROAD BETWEEN THE SAN DIEGO FREEWAY AND SUNFLOWER AVENUE, FROM Cl, C2, AND Al TO PDR -MD AND PDR -LD, was given first read- ing andpassed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Public.'Mearing The Mayor announced that this was the time and place R-77-05 set for the public hearing for Rezone Petition R-77-05, Costa Mesa Planning Commission, for permis- sion to rezone property located south of Sunflower Avenue and east of Smalley Road, from Al to R1, in conformance with the General Plan and Specific Plan SP -76-03. The California.Environmental Quality Act requirements have been met by the Environmental Impact Report for General Plan Amendment GP -76-3D, accepted by Council on September 20, 1976. The Planning Com- mission recommended approval. This item is,also related to the previous two items, and as no further comments were offered, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, Ordinance 77-22 seconded by Councilman McFarland, Ordinance 77-22, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A POR- TION OF LAND ALLOTTED TO JAMES McFADDEN AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, FROM Al TO R1, was given first reading and passed to -second reading by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Recess The Mayor declared a recess at 8:10 p.m., and the meeting reconvened at 8:20 p.m. Trailer Permit The Clerk presented a request from Thomas L. Evans, the Perkin-Elmer Corporation, 2930 Bristol Street, Perkin-Elmer Costa Mesa, for renewal of a temporary trailer per - Corporation mit, and permission to locate an additional temporary trailer, both at the above location. The Planning Department recommended approval of the extension and the additional trailer for period of six months, subject to two conditions. Gary Cobb was present, 11 I. 1 representing the applicant, to answer questions from the Council. After discussion, on motion by Council- man Raciti, seconded by Councilman McFarland, and carried, the request was approved for six months subject to conditions as recommended by the Planning Department. Encroachment The Clerk presented Encroachment Permit No. 91, Permit No. 91 Robert Stewart, 2665 Harbor Boulevard, Costa Mesa, Stewart to legalize an existing convenience sign, located within the City right-of-way at the above address, Denied in a Cl zone. Environmental Determination: Exempt. The Planning Commission recommended denial. The applicant was not present. On motion by Council- woman Smallwood, seconded by Councilman McFarland, and carried, the permit was denied. Agenda Order On motion by Councilman McFarland, seconded by of Business Councilwoman Smallwood, Ordinance 77-23, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 77-23 MESA, AMENDING SECTION 2-48 OF THE COSTA MESA MUNI - First Reading CIPAL CODE CHANGING THE ORDER OF BUSINESS ON THE. AGENDA OF THE CITY COUNCIL FOR REGULAR CITY COUNCIL MEETINGS AND SETTING FORTH REASONS THEREFOR, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett CEQA Revisions The Clerk presented revised procedures.for imple- mentation of the California Environmental Quality Act. On motion by Councilwoman Smallwood, seconded Resolution 77-64 by Councilman McFarland, Resolution 77-64, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REVISED ENVIRONMENTAL IMPACT REPORT PROCEDURES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, was adopted by the fol- lowing roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: Hammett Extension of The Director of Planning presented a request for an Time for extension of time from The Full Gospel Businessmen's ZE-76-20 - Fellowship for Zone Exception ZE-76-20, Demos Shakarian Shakarian, 836 South Figueroa Street, Los Angeles, for their International Headquarters located at 3150 Bear Street. The Planning Commission recommended a 90 -day extension to June 1, 1977. No communications have been received. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, and carried, the 90 -day extension to June 1, 1977, was approved as recommended by the Planning Commission. ZE-76-71 The Director of Planning presented a request from Visconti Roy K. Sakioka, 14850 East Sunflower Avenue, Santa Ana, to modify conditions for Zone Exception ZE-76-71, S. Anthony Visconti, Post Office Box 1774, Rancho Santa Fe, for operation of a car rental agency and service station, located at 3499 Main Street. The Planning Commission recommended approval of modifications to Conditions 7 and 8 concerning land dedication. The Planning Director has subse- quently been requested by Mr. Sakioka to delete Conditions 2, 3, and 6 concerning landscaping. The applicant was.not present to.discuss this matter. On motion by -Councilman McFarland, seconded by Councilwoman Smallwood, and carried, Conditions 7 and 8 were modified as recommended by the Planning Commission, and all other conditions are to be completed within 30 days of this action. ZE-77-59 The Director of Planning presented an application Reynolds for Zone Exception ZE-77-59, Nancy Reynolds, 4612 Trafalgar Drive, La Palma, for a Conditional Use Denied Permit to operate a cocktail lounge in an existing commercial center, with a variance from required parking, in a Cl -CP zone located at 675 Paularino Avenue. Environmental Determination: Exempt. The Planning Commission recommended denial. No communications have been received. The applicant was not present. On motion by Councilwoman Small- wood, seconded by Councilman Raciti, and carried, the application was denied. ZE-77-62 The Director of Planning presented an application Gehnert for Zone Exception ZE-77-62, Monroe C. Gehnert, 8830 Jefferson Drive, Buena Park, for permission to con- struct two industrial buildings with variances from the required parking and landscape setback, in an MG zone located at 1109 Victoria Street. Environ- mental 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 and agreed to the conditions with the exception of Condition 10 regarding the stucco finishing to the north and west facades of the buildings. After hearing the rationale for this requirement, the applicant agreed to the condition. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, the Negative Declara- tion of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-77-66 The Director of Planning presented an application Nourse for Zone Exception ZE-77-66, Peter W. Nourse, 901 Dover Drive, Suite 110, Newport Beach, for a vari- ance for 4.2 percent density deviation and reduction in driveway width and maneuvering distance to construct seven apartment units (2,876 square feet per unit), in an R2 zone located at 2677 Orange 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, 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-77-67 The Director of Planning presented an application Larson for Zone Exception.ZE-77-67, Del F. Larson, 3108 Monroe Way, Costa Mesa, for permission to construct a three -unit apartment in conjunction with an exist- ing house, with a variance for an 8.1 percent density deviation (2,756 square feet per unit), in an R2 zone located at 1996 Anaheim Avenue. Environmental Determination: Exempt. The Planning Commission made no recommendation. The Planning staff recommended 1 1 1 f�,2�+eri denial'. No communications have been received. The applicant was present and stated his agreement with all of the conditions that would be imposed on an approval of the project. Mr. Larson also indicated that he would refurbish the existing house to be compatible with the apartment unit, as has been suggested by the staff. During the discussion which followed, Councilman McFarland expressed his opinion that he would rather see the property developed with four units and the existing house removed. After further discussion, on motion by Councilwoman Small- wood,'seconded by Councilman Raciti, and carried, Councilman McFarland voting no, the Exempt Declara- tion of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to all conditions recommended by the staff. ZE-77-69 The Director of Planning presented an application Segerstrom for Zone Exception ZE-77-69, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for a Condi- tional Use Permit to construct a 5,000 square foot storage building in conjunction with an existing nonconforming farm operation, in an MP zone located at the above address. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. No communications have been received. Elmer W. Bailey was present, representing the applicant, and agreed to the conditions. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, the Exempt Declara- tion 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-77-71 The Director of Planning presented an application Martinez for Zone Exception ZE-77-71, Pete'T. Martinez, 850 West Wilson Street, Costa Mesa, for a variance to Held Over construct a two -car carport in lieu of the required two -car garage, in order to legalize conversion of the garage to two bedrooms, and a Conditional Use Permit to .rent these bedrooms to four college students, in an R1 zone located at the above address. Environmental Determination: Exempt. The applicant requested, at the Planning Commission meeting, to withdraw the request for a Conditional Use Permit to rent the bedrooms. The Planning Commission recom- mended acceptance of the withdrawal, and approval of the variance subject to conditions. Communications in opposition to the request have been received from Hans Habereder, 861 Darrell Street, Costa Mesa; and Carl A. Strum, 865 Darrell Street, Costa Mesa. The applicant was not present. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, this item was held over to the meeting of June 6, 1977, in order that the applicant may be in attendance to answer questions from the Council. ZE-77-73 The Director of Planning presented an application Britton for Zone Exception ZE-77-73, Jack W. Britton, 6849 Live Oak, Bell Gardens, for a variance from the Sign Ordinance to allow a ground sign for Spires Restaurant, in conjunction with existing roof signs, in a Cl -CP zone located at 3125 Harbor Boulevard. Environmental Determination: Exempt. The Planning Commission recommended denial. No communications have been received. The applicant was present to answer questions from the Council and explained that ZE-77-77 The Director of Planning presented an application R and R Motor for Zone Exception ZE-77-77, R and R Motor Car Com - Car Company pany, 755 West 17th Street, Unit A, Costa Mesa, for a Conditional Use Permit to operate an auto repair garage for Rolls Royce and Jensen Interceptor automo- biles, in an MG zone located at the above address. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. the restaurant needs better identification to improve the business. Mr. Britton further stated that this restaurant is not doing as well as others in comparable locations and attributes this to insufficient identification. After discussion, on motion by Councilwoman Smallwood, seconded by Councilman.Raciti, and carried, Councilman McFarland voting no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, -and the application approved subject to the condition that all necessary permits shall be obtained -for the proposed sign and to legalize the existing wall sign.' ZE-77-74 The Director of Planning presented an application Nourse for Zone Exception ZE-77-74, Peter W. Nourse, 901 Dover Drive, Suite 110, -Newport Beach, for a Condi- tional Use Permit to construct a 20 -unit condominium complex, in an R2 zone located at 2552-2566 Elden 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, 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-77-75. The Director of Planning presented an application Hald for Zone Exception ZE-77-75, William J. Hald, 1880 Whittier Avenue, Unit I, Costa Mesa, for a Condi- tional Use Permit to allow a bronze casting operation, in an MG zone located at the above 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 condi- tions. -On motion by Councilman Raciti, 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-77-76 The Director of Planning presented an application Kieffer for Zone Exception ZE-77-76, Stanton S. Kieffer, Delphi:Auto Designs, 1545 Newport Boulevard, Costa Mesa, for a Conditional Use Permit for an auto paint detailing and trim business, in an MG zone located at -755 West 17th Street, Unit D. Environmental Determination: Exempt. 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, 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-77-77 The Director of Planning presented an application R and R Motor for Zone Exception ZE-77-77, R and R Motor Car Com - Car Company pany, 755 West 17th Street, Unit A, Costa Mesa, for a Conditional Use Permit to operate an auto repair garage for Rolls Royce and Jensen Interceptor automo- biles, in an MG zone located at the above address. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. C':'-) 4'4"" Jim Storm, the.applicant, was present and agreed to the -conditions. 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 as recommended by the Planning Commission. ZE-77-82 The Director of Planning presented an application The 276 Building for Zone Exception ZE-77-82, The 276 Building, 276 Victoria Street, Costa Mesa, for a Conditional Use Permit to construct a 4,100 square foot professional office building with variances to reduce minimum parking space width and required maneuvering dis- tance within the parking area, in an AP -CP zone located at 280 Victoria Street. Environmental Determination: Negative Declaration. The Planning Commission recommended approval subject to condi- tions. No communications have been received. The applicant has submitted a letter stating his inabil- ity to attend the Council meeting but agreeing to the conditions recommended by the Planning Commis- -sion. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation approved subject to conditions as recommended by the Planning Commission. ZE-77-83 The Director of Planning presented an application The Feed Barn for Zone Exception ZE-77-83, Bill Power, The Feed Barn, 2300 Newport Boulevard, Costa Mesa, for permis- sion to construct a building addition and enclosed storage porch with variances from landscape setback and building setback, in a C2 zone located at the above address. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. A communication in support of the request has been received from M. J. Higbee, 2306 Newport Boulevard, Costa Mesa. The applicant was present and agreed to the conditions. Councilman Raciti expressed objections to the project. After discussion, on motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Councilman Raciti voting no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-77-85 The Director of Planning presented an application Criswell for Zone Exception ZE-77-85, Gloria Criswell, 100 Calle Patricia, San Clemente, for a variance to Held Over allow a 10 percent density deviation (2,710 square feet per unit), and reduction in the required rear yard setback for two existing developments in order to create three parcels where there are now two parcels, in an R2 zone located at 2278 Placentia Avenue. Environmental Determination: Negative Declaration. The Planning Commission recommended denial. No communications have been received. Considerable discussion was held regarding the pro- posed property line between the parcels and it was suggested that this line be moved 21 feet further -to the east, thereby eliminating the need for a variance for the density deviation and rear yard setback. This would then permit three units to be built on the new parcel. After discussion, it was suggested that the applicant be -given some time to consider this new proposal. On motion by Council- t woman Smallwood, seconded by Councilman McFarland, and carried, this item was held over to the meet- ing of June 6, 1977. ZE-77-89 The Director of Planning presented an application Sage Properties for Zone Exception ZE-77-89, Sage Properties, Incorporated, 500 Newport Center Drive, Suite 520, Newport Beach, for permission to construct 18 industrial buildings (Industrial Condominiums) with variances from minimum lot size, maximum lot coverage, front and side yard setbacks, and a Conditional Use Permit for off-site parking, in an MP,zone located at 2950 Airway Avenue. Environ- mental Determination: Negative Declaration. The Planning Commission recommended approval subject to conditions. No communications have been received. Jack Dempsey, the applicant, was present to answer questions from the Council and agreed to the condi- tions. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation approved subject to conditions as recommended by the Planning Commission. ZE-77-90 The Director of Planning presented an application Sambo's for Zone Exception ZE-77-90, Sambo's Restaurant, Restaurant 3760 State Street, Santa Barbara, for a Conditional Use Permit to allow off-site parking in conjunction with the construction of a restaurant, in a Cl zone. located at 2949,Fairview Road. Environmental Deter- mination: Negative Declaration. The Planning Commission recommended approval subject to conditions. No communications have been received. George Hamilton was present, representing the applicant, and agreed to the conditions. 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. Oral James Gregory, 3187-G Airway Avenue, Costa Mesa, Communications presented a letter requesting a name change for a portion of Hamilton Street in the Marina Highlands area. After discussion, this request was referred to the Planning Commission for a recommendation. Diane Humrick, Ridgewood, 509-A 35th Street, Newport Beach, requested permission to hold a one-night concert at the Harbor Roller Rink, 1762 Superior Avenue, on May 30, 1977. This request was turned down at the May 2nd meeting because the Council had insufficient information on the parking facilities. Ms. Humrick indicated that she has been able to acquire permission from adjacent businesses to use their parking and this will amount to an additional 150 spaces. Ms. Humrick also indicated that security guards would be present at this event. After discus- sion, on motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, the request was approved. Councilmanic Councilman McFarland asked the staff what action Comments would be taken with regard to Spoiler Yachts -in light of the earlier denial for a rehearing. The City Attorney responded that if the bond is not forthcoming immediately, appropriate legal action will be taken. 1 L, Councilman McFarland discussed the TeWinkle Park project with regard to the loss of Federal funding and expressed the hope that future planning would prevent any similar occurrences. Councilman Raciti made a comment at this time, that an attempt should be made to get the grant extended. Councilman McFarland discussed .the 18th Street realignment and asked for some clarification from the City Engineer. After discussion, this item was set to be discussed at the Council Study Session on May 23, 1977. Adjournment The Mayor adjourned the meeting at 10:50 p.m. Ma or of the City of s Mesa ATTEST: City Clerk of the City of Cos esa