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HomeMy WebLinkAbout06/06/1977 - City Council1 1 REGULAR. MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 6, 1977 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., June 6, 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 Conrad Nordquist, St. John the Divine Episcopal Church. Roll Call Council Members Present: Council Members Absent: Officials Present: Hertzog, Raciti, Smallwood Hammett, McFarland City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk Minutes On motion by Councilwoman Smallwood, seconded by May 16 and Councilman Raciti, and carried, the Minutes of the May 23, 1977 regular meeting of May 16, 1977, were approved as distributed and posted as there were no corrections. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, the Minutes of the special meeting of May 23, 1977, were approved as distributed and posted as there were no corrections. Proclamation A proclamation declaring the week of June 12 through 18, Americanism 1977, as Americanism Week was approved, and presented Week to Mrs. Betty Bergeron, Americanism Chairman. Ordinances/Order On motion by Councilman Raciti, 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. The following items were removed from the Consent Calendar: Item 11, to consider new census and average parkland cost data; Item 12, a request from Conva-Care to operate an ambulance service to Fairview State Hospital; and Item 24, extension of Criminal Justice Contract for Juvenile Diversion Program. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland State Housing A letter from the Department of Housing and Community Element Development, regarding revisions to the State Housing Guidelines Element Guidelines, was referred to the Planning Department for comments. Request to A letter from the National Catholic Society for Animal Abandon Rodeos Welfare, Incorporated, 509 Madison Avenue, New York, at Orange County Laguna Beach Chapter, requesting abandonment of rodeos Fairgrounds at the Orange County Fairgrounds because of the cruel treatment to animals in connection with such shows, was referred to the Fair Board. Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Claims The following claims were received by the City Clerk and no action is required: Vernon Venaas; John Henry Keck; Mark Waring; and James L. Rubel, Jr. on behalf of Jeannette C. Shafer. Vector Control District Minutes of the 363rd meeting of the Orange County Vector Control District, held on April 21, 1977. Chino Hills A resolution from the City of Anaheim expressing Airport its opposition to.the proposed study for the Chino Hills Airport site and urging all cities to withdraw their support of said proposal and further urging support of Senate Concurrent Resolution.No. 19 for a regional park in place of the proposed airport site. Local -Agency Notification from the Orange County Local Agency Formation Formation Commission that determination will be Commission made without notice and hearing on June 8, 1977, at 2:00 p.m., on.the following proposed annexa- tions to the Costa Mesa Sanitary District: Engineer's No. 169 Annexation, located south of Paularino Avenue and east of Babb Street. Engineer's No. 170 Annexation, located north of Sunflower Avenue and west of Hyland Avenue. Engineer's No. 172 Annexation, located south of Paularino Avenue and east of Bear Street. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning, Licenses from: Livio Benigni, doing business at 1550 Superior Avenue; Khalil T. Ghosn, doing busi- ness as The Phoenician, 2701 Harbor Boulevard, Suite E; Charles E. Dugan, doing business as Chuck Wagon Cooking, 88 Fair Drive, Space 1-A; Donald E. Zerwekh,'doing business as E -Z In, 2267 Harbor Boulevard; Jack B. Connors and John S.,Pitt, doing business at 177 East 17th. Street; Leslie Baugher, doing business as Far. West, 2831 Bristol'Str.eet; and Atsuko and End - Kunizo Koyama, doing business as Ooiso Res - Reading Folder taurant, 310 East 17th Street. Business Permits A Notice of Intention to Solicit for Charitable Purpose from Southern California College (Baseball Team), 55 Southern Fair Drive, Costa Mesa, by sale of -advertising books, California June 6 through September 31, 1977, was approved with College application of Section 9-234J of the Costa Mesa Muni- cipal Code. 1 1 George A request from Richard E. George Productions, Incor- Productions porated, 2518 Artesia Boulevard, Redondo Beach, to conduct.a one-night variety show at the Orange County Fairgrounds on August 6, 1977, was approved. Trailer Permit A request from J. C. Carter Company, 671 West 17th Street, Costa Mesa, to install three temporary trailers J. C. Carter. at the above address, for -use as office space until Company their construction program is completed in 1978, was approved for six months subject to the conditions of the Planning and Building Safety Departments. Set for Public The following items were set for public hearing on Hearing June 20, '1977, at 6:30 p.m., in the Council Chambers of City Hall: Proposed Consideration of proposed ordinance governing Ordinance the conversion of apartments to condominiums, Governing and the construction of.new condominium Condominiums projects. 231 R-77-18 Rezone Petition R-77-18, Coast Community College Coast Community District, 1370 Adams Avenue, Costa Mesa, for College ;permission to rezone property located approxi- :;:.�mately 92 feet east of 2828 and 2850 Harbor Boulevard, from I and R to CL. Environmental Determination: Negative Declaration. R-77-20 Rezone Petition R-77-20, Robert F. Hollingsworth, Hollingsworth 1115 West Bay Avenue, Balboa, for permission to rezone property located at 1925, 1927, and 1929 Anaheim Avenue, from R2 to R3 in conformance with the General Plan. Environmental Determination: Negative Declaration. Title 13 Consideration of possible amendments to Title 13 Amendments of the Costa Mesa Municipal Code relating to residential zoning designations. Refunds - On recommendation by the Director of Building Safety, a refund of $41.22, to Jesse V. Davidson, 2970 Harbor Davidson Boulevard, No. 215, Costa Mesa, representing 80 percent of the total fee of $48.50, on Building Permit 43758, due to cancellation of the work at 2074 President Place, was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Conrad's Mobile On recommendation by the Director of Building Safety, a Home Service refund of $30.50 to Conrad's Mobile Home Service, 1555 West Sixth Street, Corona, on Building Permit 43811, as site of construction is located in the County, was -approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Berman On recommendation by the Director of Leisure Services, a refund of $7.00 to Sharon Berman, 1671 Pegasus Street, Santa Ana, as class could not be attended due to illness, was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Cancellation of Cancellation of delinquent weed and other assessments Delinquent Weed amounting to $2,090.40, which.were erroneously billed, and Other dating back to 1964, was approved by the following roll Assessments call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Final Payment On recommendation by the City Manager, final payment for Purchase in the amount of $3,200.00, for the purchase of Heller of Heller Park Park from .the Costa Mesa County Water District, was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Conference On motion by Councilwoman Smallwood, seconded by Advance Councilman Raciti, a Conference Advance request for a police officer to attend the "Officer Survial and Internal Security" Conference in San Luis Obispo, 32 June 26 through July 1, 1977, was approved in the amount of $260.00, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Destruction of A request for destruction of specific records in the Certain Records City Clerk's office, was presented. On motion by in the City Councilwoman Smallwood, seconded by Councilman Raciti, Clerk's Office Resolution 77-65, being A RESOLUTION OF THE CITY COUNCIL•OF THE CITY OF COSTA MESA AUTHORIZING RECORDS Resolution 77-65 DESTRUCTION FOR THE CITY CLERK'S OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Bid Item 354 Bids received for Bid Item 354, for the furnishing of Air Compression an Air Compression Station for Charging Portable Station Breathing Air Systems'Equipment, are on file in the Clerk's office. On motion by Councilwoman Smallwood, Bids Rejected seconded by Councilman Raciti, and carried, all bids were rejected, and this item will be rebid at a later date. Bid Item 355 Bids received for Bid Item .355, for the furnishing of Portable Breathing Portable Breathing Air Systems for Fire Persons, are Air Systems on file in the Clerk's office. On motion by Council- woman Smallwood, seconded by Councilman Raciti, and Bids Rejected carried, all bids were rejected, and this item will be rebid at a later date. Bid Item 356 Bids received for Bid Item 356, for the furnishing of Furnishing and Three Each Five -ton Air Conditioning Units, and Repair Repair of Air of Four Each Five -ton Air Conditioning Units, are on Conditioning file in the Clerk's office. On motion by Councilwoman Units Smallwood, seconded by Councilman Raciti, and carried, all bids were rejected, and this item will be rebid at Bids Rejected a later date. Tract 8915 Improvements for Tract 8915, located on the northeast R & W corner'of Hamilton Street and Valley Road, have been Development II partially completed by R and W Development II, 188 East" 17th Street, Costa Mesa, to the satisfaction of the Director of Public Services. On motion by Council- woman Smallwood, seconded by Councilman Raciti, 85 percent of the work was accepted, and 85 percent of the bonds ordered exonerated, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Tracts 9383 and The improvements for Tract 9383, Tract 9413, and Parcel 9413, and Parcel Map S-76-06, located south of Paularino Avenue and west Map -S-76-06 of the Corona del Mar Freeway, by Buccola Company, 4501 Birch'Street, Newport Beach, were completed to the satisfaction of the Director of Public Services. On motion by Councilwoman Smallwood, seconded by Council- man Raciti, the work was accepted and the bonds ordered exonerated, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Member's: None ABSENT: Council Members: Hammett, McFarland 1 Final Map for On motion by Councilwoman Smallwood, seconded by Tract 9470 Councilman Raciti, Final Map for Tract 9470, Burgess - Donovan, Incorporated; 3990 Westerly Place, Suite 220, Newpor;t,Beach; one lot, 0.84 acres, located at 314 and 324 Victoria Street, was approved; the Council did accept on behalf of the public the dedication for street purposes: Victoria Street; did also accept said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign said map on behalf of the City, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Parkland Item 11 on the Consent Calendar, consideration of a Dedication new census, and average parkland cost data to be used in the City's ordinance formula for calculating park - Hearing Set land dedication, or in -lieu park fees, was presented. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, this item was set for public hearing on July 18, 1977, at 6:30 p.m., with a Study Session to be held in June. Conva-Care Item 12 on the Consent Calendar, a request from Conva- Ambulance Care Ambulance Services,- Incorporated, Post Office Box Services 10412, Santa Ana, to operate an ambulance service for pick-up and drop-off of patients and employees of Hearing Set Fairview State Hospital, was presented. Mark Edwards, representing Canva-Care, presented a written request for exemption from Costa Mesa Municipal Code Section 9-114 et seq. On.motion by Councilwoman Small- wood, seconded by Councilman Raciti, and carried, this item was set for public hearing on June 20, 1977, at 6:30 p.m. Juvenile Diversion Item 24 on the Consent Calendar, extension of Criminal Program Agreement Justice Contract for Juvenile Diversion Program, was presented. On motion by Councilwoman Smallwood, Held Over seconded by Councilman Raciti, and carried, this item was postponed ,to a date uncertain. R-76-62 On motion by Councilwoman Smallwood, seconded by Councilman Raciti, Ordinance 77-21, being AN ORDINANCE Ordinance 77-21 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Adopted FORNIA, 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 second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland R-77-05 On motion by Councilman Raciti, seconded by Council- woman Smallwood, Ordinance 77-22, being AN ORDINANCE OF Ordinance 77-22 THE CITY COUNCIL OF THE CITY. OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF A PORTION OF LAND ALLOTTED TO JAMES MCFADDEN.AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, FROM Al TO Rl_, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Agenda Order On motion by Councilwoman Smallwood, seconded by of Business Councilman Raciti, Ordinance 77-23, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMEND- Ordinance 77-23 ING SECTION 2-48 OF THE COSTA MESA MUNICIPAL CODE, Adopted CHANGING -THE ORDER OF BUSINESS ON THE AGENDA OF THE CITY COUNCIL FOR REGULAR CITY COUNCIL MEETINGS AND SETTING FORTH THE REASONS THEREFOR, was given second reading and adopted by the following roll call vote: -AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland ZE-77-71 From the meeting of May 16, 1977, an application for Martinez Zone Exception ZE-77-71, Pete Martinez, 850 West Wilson Street, Costa Mesa, for a variance to construct a two -car carport in lieu of the required two -car garage, in order to legalize conversion of the garage into two bedrooms, and a Conditional Use Permit to rent these bedrooms to four college students, was presented. Environmental Determination: Exempt. Mr. Martinez was present to answer questions from the Council and agreed to withdraw the Conditional Use Permit to rent the bedrooms, and also agreed to con- struct a garage instead of the proposed carport.' After discussion, on motion by Councilwoman Smallwood, -seconded by Councilman Raciti, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the applica- tion approved subject to conditions as recommended by the Planning Commission. Mayor Requests At this time, the Mayor requested that a letter be Letter Sent to sent to the Realty Board asking that they make buyers Realty Board aware of construction that may be illegal under the current Code. ZE-77-85 From the meeting of May 16, 1977, an application for Criswell Zone Exception ZE-77-85; Gloria Criswell, 100 Calle Patricia, San Clemente, for a variance to allow a 10 Denied 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, -was presented. Environmental Determination: Negative Declaration. The applicant was not present but had previously indicated willingness to move the property line 21 feet to'the east, thereby eliminating the need for a variance. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, and carried, the application was denied as it was no longer needed. Warrant On motion by Councilman Raciti, seconded by Council - Resolution 988 woman Smallwood, Warrant Resolution 988 was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Warrant On motion by Councilwoman Smallwood, seconded by Resolution 989 Councilman Raciti, Warrant Resolution, 989, including Payrolls 7710 and 7711, was approved by the follow- ing roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Warrant On motion by Councilman Raciti, seconded by Council - Resolution 990 woman Smallwood, Warrant Resolution 990 was approved by the following"roll call vote: 1 J AYES: Council Members: NOES: Council Members: _-­ ABSENT: Council Members: Hertzog, Raciti, Smallwood None Hammett, McFarland Agreement - An agreement between the Costa Mesa Redevelopment Redevelopment Agency and Stone and Youngberg, to conduct an Agency and Stone economic feasibility study on -the property between and Youngberg Harbor Boulevard and 19th Street, Park Avenue, 18th Street, and Newport Boulevard, was presented. The agreement calls for additional consultation on bonding, should the study prove feasible. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, the agreement was approved at an approximate cost of $10,000.00, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Retirement Plan The City Manager presented a recommendation from the for City Employees Retirement Committee to increase the retired employees' benefit rate by 1.25 percent for each quarter of retirement since the date of the last increase on July 1, 1975. The increase would then range from 10 percent to 1.25 percent. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, Resolution 77-66 Resolution 77-66, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING THE RETIRE- MENT PLAN FOR EMPLOYEES OF THE CITY.OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council'Members: Hammett, McFarland Agreement - The City Manager presented an agreement with Marjorie Lindamood Lindamood for professional services to evaluate the present records system and to determine the City's Microfilming and microfilming requirements. On motion by Councilwoman Records Study Smallwood, seconded by Councilman Raciti, the agree- ment was approved in the amount of $4,800.00, and the Mayor and Clerk authorized to sign on behalf of the - City, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Agreement - The City Manager presented an agreement between the Redevelopment City, Robert and Sinee Coles, and the Costa Mesa Agency, the Redevelopment Agency, for Senior Citizens Housing City, and Coles Development under the Housing and Urban Development Program (HUD). On motion by Mayor Hertzog, seconded by Councilwoman Smallwood, and carried, the agree- ment 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, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Agreement - The City Manager presented an agreement between the 'County of Orange City and the Orange County Harbors, Beaches, and Parks District, concerning Fairview Regional Park. Under Fairview terms of the agreement, the City would receive the Regional Park park itself, approximately 257 acres, with the right to utilize it for recreational purposes; and the right to approve the plans for Phase I development, approximately one-third of the park. The City would be required to provide approximately 27.5 acres which were purchased as part of the City's Open Space Bond Issue; -$230,000.00 from the 1974 State Approved'Bond Issue; approximately $375,000.00 from the 1974 City's Open Space Bond Issue, and the same level of police and fire protection. The County would provide $2,000,000.00 for Phase I; $3,,000,000:00 for the remainder of the park; all plans, specifications, supervision, and contract management associated with the development; and all ongoing maintenance and operation costs associated with the Park. On motion by Councilwoman Small- wood, 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, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Postition of The City Manager presented a recommendation concerning City Attorney the job description, classification, and salary range for the position of City -Attorney. Establishment of this, position at,pay range:170, $2,476.00 - $3,009.00 per month, was recommended. Since the position is outside the classified service, and the Personnel Rules and Regulations regarding recruitment and selection do not apply, a limited recruitment by invitation only was suggested. A selection of 10 candidates.from the applications received would then appear before an oral board composed of a maximum of two Council Members, the City Manager, and a City Attorney from another jurisdiction. This board would select three candidates for the City Council to interview from which the final appointment would be made. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, the recommendation of the City Manager was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Van de Water A recommendation to employ Van De Water Associates, Associates Incorporated, for management training services for fiscal year 1977-78, was presented. Five sessions Management from 3:00 p.m. to 9:00 p.m., every other month, for Training Services up to 50 employees, was recommended. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, the recommendation for management training services was approved in the amount of $6,050.00, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council -Members: Hammett, McFarland CETA - New and The City Manager advised that he had been informed by Additional the Orange County Manpower Commission that the City Allocations is entitled to receive approximately $1,700,000.00 in addition to the current half -million dollars to operate the Comprehensive Employment Training Act (CETA) Program. The City Manager explained that this would require adding approximately 100 new posi- tions and that the City does not have sufficient space, supervision, or equipment to add this large number of additional employees. He recommended that the Council accept -the amount of money necessary to continue the current level of CETA-employment through 1 1 September, 1978, which would be approximately $700,000.00 and to release the balance of funds, approximately $1,000;000.00, to the County of Orange. On'motion by Councilwoman Smallwood, seconded by Councilman Raciti, the recommendation of the City Manager was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None f ABSENT: Council Members: Hammett, McFarland Public Rehearing The Clerk announced that this was the time and place ZE-77-60 set for the public rehearing of an application for Williams Zone Exception ZE-77-60, Vernon L. Williams, 10532-B Trask Avenue, 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, which was denied by Council on May 2, 1977. Environmental Determination: Exempt. The Affidavit of Publishing, Posting, and Mailing is on file in the Clerk's office. Mr. Williams was present to answer questions from the Council. Ben Neilson, representing Abbey Rents, owner of the building, was present to state their position. There being no other speakers, the Mayor closed the public hearing. After discussion, it was determined that the issue was a matter to be resolved between land- lord and tenant. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, and carried, the application was denied. Public Hearing The Clerk announced that this was the time and place R -77-10A set for the public hearing for Rezone Petition Chung and R -77-10A, Dr. and Mrs. John K. C. Chung, 211 East Planning 18th Street, Costa Mesa, and the Costa Mesa Planning Commission Commission, for permission to rezone property located at 211 and 213 East 18th Street, and at 1789 Rogers Place, from AP to R2 -CP, in conformance with the General Plan. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Dr-. Chung was present and agreed to the conditions. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance Ordinance 77-24 77-24, being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 123, NEWPORT HEIGHTS TRACT, FROM AP TO R2 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Public Hearing. The Clerk announced that this was the time and place R-77-15 set for the public hearing for Rezone Petition R -77 - Gray 15, James and Anna Gray, 1478 Galaxie Drive, Newport Beach, for permission to rezone property located at the southeast corner of Wilson Street and College Avenue, from C2 to R4 -CP, in conformance with the General Plan. Environmental Determination: Nega- tive Declaration. The Affidavit of Publication is on file in the Clerk's office. The Planning Commission has recommended R3 -CP zoning. No communications have been received. Tom Hardesty, 1312 Bay Front, Balboa Island, was present representing the applicant and agreed to the R3 -CP zoning. There being no other Ordinance 77-25 First Reading R-77-16 Vaughn Ordinance 77-26 First Reading speakers, the Mayor closed the public hearing. On motion_by:Councilwoman Smallwood, seconded by Councilman Raciti, the Negative Declaration of Environmental Impact was accepted as meeting the requirements.of the law, and Ordinance 77-25, being AN ORDINANCE OF.THE CITY COUNCIL OF THE CITY OF , COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 18 OF TRACT 57 FROM C2 TO R3 -CP, was given first reading and passed to second reading by the follow- ing roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland The Clerk.announced that this was the time and place set for the public hearing for Rezone Petition R-77- 16, Henry Vaughn, 2800 Cliff Drive, Newport Beach, for permission to rezone property located at 1927 and 1933 Maple Avenue,.from R2 to R3, in conform- ance with the General Plan. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Jeff Berta - lite, 834 Darrel Street; Costa Mesa, was present representing the applicant. There being no other speakers, the'Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman.Raciti, the Negative Declaration of Environmental.Impact was accepted as meeting the requirements of the.law, and Ordinance 77-26, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 26., FAIRVIEW FARMS, FROM R2 to R3 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES:" Council Members: None ABSENT: Council Members: Hammett, McFarland Public Hearing The Clerk announced that this was the time and place R-77-17 set for the public hearing for Rezone Petition R -77 - McKinnon 17, Roger G. McKinnon, -2737 East Coast Highway, Corona del Mar; for .permission to rezone property Held Over located.at Fairview Road and Avocado Street, from Cl, C2, and R2 to R4 -CP, in conformance with the General Plan.- Environmental Determination: Nega- tive Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Richard Beigle, 15661 Primrose Lane, Westminster, was present representing the applicant, and requested that first reading of the ordinance be held until a Reversion to Acreage Map was secured. ,Discussion followed regarding density and traffic problems on Avocado Street. On motion by.Councilwoman'Smallwood, seconded by Councilman Raciti, and carried, this item was continued to the meeting of July 18, 1977. Public Hearing The Clerk announced that this was the time and place Federal Revenue set for the second required public'hearing to consider Sharing the Federal Revenue Sharing funds to be budgeted for fiscal year 1977-78. The Affidavit of Publication is on file in the Clerk's office. The City Manager presented.the following allocation of funds: Social _Program Support - $152,.000.00; Police Radio Pack Sets - $50,000.00; Street Maintenance - $240,000.00; Remodeling of City Hall - $360,000.00; Install Emergency Generator — $62,500.00; Modify Fire Hydrant .System - $100,000.00; Construct Community Center, Phase I - $500,000.00; There being no speakers, the 1 . a.. 4`2-39 - 9 Request for The Clerk presented a request from Leonard Schreiber, Additional Use 1700 Minorca Place, Costa Mesa, to add "bicycle in Transitional repair shop with incidental sales" to the list of Area - Schreiber uses in the Transitional'Area, for properties located at _854 to 1014 (even numbers only) West 19th Street, Held Over and at 1903 Federal Avenue. After discussion, this item was held over to the meeting of June 20, 1977, so that the applicant could be present. Mayor closed the public hearing. During Council discussion; it was pointed out that funds could be re-allocated'if necessary, and unused funds would remain.within'.the,community for future years. On motion. by -Councilman Raciti, seconded by Council- woman Smallwood, the -allocation of Federal Revenue Sharing funds was approved as presented, in the total amount of $1,464,500.00, by the following roll call -vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland 1977-78 Budget The City Manager presented for discussion the Budget for the City of Costa Mesa -for Fiscal Year 1977-78. The total recommended appropriations for operation, including capital improvements, is $22,734,720.00. This figure includes a salary increase for Police and Fire Department employees of 2-1/2 percent, effective July 1, 1977; and the hiring of nine addi- tional employees. After discussion, the Mayor requested that a hold be put on the hiring date of all new employees, and that the matter be brought before the Council for release. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, the 1977-78 Budget was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Standard The Clerk presented a proposed ordinance adopting Specifications standard specifications, general provisions, and standard drawings in conjunction therewith for use in the construction of all public works projects. On motion -by Councilwoman Smallwood, seconded by Ordinance 77-28 Councilman Raciti, Ordinance 77-28, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,. CALIFORNIA, ADOPTING CERTAIN STANDARD SPECI- FICATIONS, GENERAL PROVISIONS AND STANDARD DRAWINGS IN CONJUNCTION THEREWITH FOR USE IN THE CONSTRUC- TION OF ALL PUBLIC WORKS PROJECTS, was given first reading and passed to second reading by the follow- ing roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Fees for Appeals The Clerk presented a resolution of the Costa Mesa and Rehearings Planning Commission recommending adoption of fees for applications for rehearings and appeals, pur- suant to Ordinance 77-15. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, Resolu- Resolution 77-67 tion 77-67, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING FEES FOR REHEARINGS AND APPEALS PURSUANT TO SECTION 13-813 OF THE COSTA MESA MUNICIPAL CODE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Request for The Clerk presented a request from Leonard Schreiber, Additional Use 1700 Minorca Place, Costa Mesa, to add "bicycle in Transitional repair shop with incidental sales" to the list of Area - Schreiber uses in the Transitional'Area, for properties located at _854 to 1014 (even numbers only) West 19th Street, Held Over and at 1903 Federal Avenue. After discussion, this item was held over to the meeting of June 20, 1977, so that the applicant could be present. Bid Item 358 The City Manager requested that the next item, Bid City Banking Item 358; CityBanking Services, be held to the Services meeting of June 20, 1977. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, and Held Over carried, this item was continued to June 20, 1977, as requested. ZE-77-68 The Director of Planning presented an application for Gibbs Zone Exception ZE-76-68, Della P. Gibbs Foundation, 11602 Town and Country Drive, Garden Grove, for a Conditional Use Permit to add an 18 -foot by 30 -foot wading pool to an existing pre-school and elementary school, in an R2 zone located at 657 Victoria Street. Environmental Determination: Negative Declaration. The Planning Commission recommended approval subject to conditions. The Council received one communication in opposition from Donald H. Spangler, 667 Victoria Street; Costa Mesa. The Planning Commission has received communications in opposition from: Donald H. Spangler;.Frank.Eisendrath, 1300 Kings Road, Newport Beach, (adjacent property owner); and a letter from residents of 651 Victoria Street containing five signatures. Charles Vaughn, -131 South Arden, Los Angeles, representing the applicant; was present to answer questions from the -Council. Discussion followed regarding the upgrading of the facilities, with Mayor Hertzog voicing strong concern over the installation of a swimming pool before improvements are made to the parking lot and play areas. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, and carried, Mayor Hertzog voting.no, 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-77-79 The Director of.Planning presented an application for Alternatur Zone Exception ZE-77-79, Alternatur Specialties, Incorporated, 746 West 17th Street, Costa Mesa, for Denied a variance to allow a trailer for use as offices and a security guard facility, with encroachment into the required front setback in conjunction with an existing industrial use, in an MG zone located at the above address. Environmental Determination: Exempt. The Planning Commission recommended denial. No commun- ications have been received. The applicant was not present. After discussion, on motion by Councilman Raciti, seconded by Councilwoman Smallwood, and carried, the request was denied. ZE-77-80 The Director of Planning presented an application for Rischard Zone Exception ZE-77-80, Theodore E. Rischard, 18901 East Dodge Avenue, Santa Ana, for a,Conditional Use Held Over Permit.for.off-premise parking to construct a commer- cial building, including a drive-through donut shop, with variances to reduce the required front landscape setback and the required rear yard setback, in a C1 zone located at"2959 Fairview Road. Environmental Determination: Negative Declaration. The Planning Commission recommended approval subject to conditions. Mr. Rischard was present to answer questions from,the Council. The City Engineer expressed concern over the ingress and egress and possible traffic hazards involved. After discussion, on motion by Councilman Raciti, seconded by Councilwoman Smallwood, and carried, this item was continued to the meeting of June 20, 1977. Recess The Mayor declared a recess at 8:45 p.m. and the -meeting reconvened at 8:50 p:m. ZE-77-81 The Director'of.Planning presented an application for I. Magnin Zone Exception ZE-77-81, I. Magnin, Incorporated, Union Square, San Francisco, for a variance to exceed Held Over maximum letter.height.and sign area in order to con- struct two wall signs, in a C1 -S zone located at 3333 Bristol Street. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. A communication was received from the applicant requesting continuance to. the next meeting. Mayor Hertzog advised that this item is to be heard at the meeting of June 20, 1977. ZE-77-84 The Director.of Planning presented an application for Zimmerman Zone Exception ZE-77-84, Bernard Zimmerman, 678 South LaFayette Park Place, Los Angeles, for variances to exceed the provisions of the Sign Ordinance for the Standard Shoe Store, -in a Cl zone located at 3077 Bristol Street. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. One communication in opposition has been received from Walter C. Myhre, 3249 Nebraska Lane, Costa Mesa. Mr. Zimmerman, architect for Standard Shoe Stores, was present to answer ques- tions from the Council, using slides and drawings to illustrate his request.. Larry Schwartz, 466 Dalehurst, Los Angeles, an officer within the Standard Shoe Stores organization, was also present and spoke in support of the proposal. After lengthy discussion, on motion by Councilwoman Smallwood, seconded by Mayor Hertzog, Councilman Raciti voting no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation approved subject to the following conditions: the ground sign shall not exceed 7 feet in height and 15 square feet in area.; all letters in the words "Standard Shoes" shall not exceed 20 inches in height except for the letters "t", "d", and "h", which may be 27 inches in height; the logo shall not exceed 7 feet in height with proportionate width; and the convenience sign shall comply with the 6 square foot requirement. ZE-77-92 The Director of Planning -presented out of order, an Zimmerman application for Zone Exception ZE-77-92, Bernard Zimmerman, 678 South LaFayette Park Place, Los Angeles, for relief from an agreement made with the City in 1961 requiring Cl -S parking standards, in a Cl zone located at 3077 Bristol Street. Environ- mental Determination: Exempt. The Planning Commis- sion recommended approval. .No communications have been received. Mr.. Zimmerman was present. On motion by Councilwoman Smallwood, seconded by Councilman .Raciti, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-77-87 The Director.of Planning presented an application for Zimmer Zone Exception ZE-77-87, Joe Zimmer, 2431 Orange Ave- nue, Costa Mesa, for a variance to construct seven units with a 4.2 percent density deviation (2,876 square -feet per unit) and reductions in the required rear yard setback, parking space size, and maneuver- ing distance, in an R2 zone'located at the above address. Environmental Determination: Negative Declaration. The Planning Commission recommended approval subject -to conditions. No communications have been received. Brian Jeanette, Architect, was present, representing the applicant, and answered questions from the Council. On motion by Council- g ,12 woman Smallwood. seconded by Councilman Raciti, and carried,.the Negative Declaration of Environmental Impact was. accepted as meeting the requirements of the law, and the.application approved subject to conditions as.r.ecommended by the Planning Commission. ZE-77-91 The Director of Planning presented an application for Kanold Zone.Exception ZE-7.7-91, William A. Kanold, 230 Cabrillo Street,_ Costa Mesa, for a variance to encroach into the required side setback to construct a room addition in alignment with an existing house,. in an R2 zone located at the above address. Environ- mental.Determination: Exempt. The Planning Commis- sion recommended.approval subject to conditions. No communications have been received. Mr. Kanold was present and asked for relief from Condition No. 1, pertaining to sidewalk construction. After brief discussion, on motion by Councilman Raciti, seconded by Councilwoman Smallwood, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the applica- tion. approved, with the deletion of Condition No. 1, and subject to the remaining condition recommended by the Planning Commission. ZE-77-93 The Director of'Planning presented an application for Parnell Zone Exception,ZE-77-93, Walter H. Parnell, 525 Victoria Street, Costa Mesa, for an amendment to the Harbor Center Master Plan to add a five-foot by seven - foot key booth with a variance from the required 325 - foot centerline of Harbor Boulevard setback, in a C1 -S zone located at 2300 Harbor Boulevard. Environmental Determination: Exempt. The Planning.Commission recommended approval subject to conditions. No com- munications have been received. Mr. Parnell was present to answer questions from the Council. On motion by Councilman--Raciti, 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-77-96 The Director of Planning presented an application for Donat Zone Exception ZE-77-96, Kurt Donat, 1592 Santa Ana Avenue, Costa Mesa, for permission to enlarge an existing dwelling with variances to encroach into the required front yard setback and for tandem parking, in an R2 zone located at the above address. Environ- mental Determination: Exempt. The Planning Commis- sioh recommended approval subject to conditions. One communication, in.opposition was received from Allan A. Ritter, 316 Ramona Place, Costa Mesa. Mr. Donat was present and agreed to all conditions. After discussion, on motion by Mayon Hertzog, seconded by Councilman.Raciti, and carried, the Exempt Declara- tion of Environmental -Impact was accepted as meeting the requirements of the law, and the application approve.subject to conditions as recommended by the Planning Commission. ZE-77-97 The Director of Planning presented an application for Donat Zone Exception_ZE-77-97, Kurt Donat, 1592 Santa Ana Avenue, Costa Mesa, for a Conditional Use Permit to add on to an existing non -conforming single-family dwelling and a.variance to encroach into the required rear yard.setback with a second story unit over an existing three -car garage, in an R2 zone located at 2101 Orange Avenue.. Environmental Determination: Exempt. The Planning Commission recommended approval 1 1 subject to conditions. No communications have been received. Mr.' Donat was present to answer questions from the .Council. On motion by Councilwoman Small- wood, seconded by -'Mayor Hertzog, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as -recommended by the Planning Commission. ZE-77-98 The Director of Planning presented an application for Budget Dyno-Tune Zone Exception ZE-77-98, Budget Dyno-Tune, 1416 East Wilshire Avenue, Santa Ana, for a Conditional Use Permit to convert an existing car wash into a tune-up shop, in a Cl zone located at 628 West 19th Street. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. No communications have been received. Bob Allstad, representing Budget Dyno-Tune, was present to answer questions from the Council. On motion by Councilman Raciti; seconded by Councilwoman Smallwood, and car ried, 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-77-100 The Director of'Planning presented an application for Fletcher Zone Exception ZE-77-100, Clyde B. Fletcher, 499 Broadway, Costa Mesa, for a variance to construct an eight -foot high slumpstone and wood fence, in an R1 zone located at the above address. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. No communications have been received. Lucy Fletcher was present to answer questions from the Council, and requested relief from Condition No. 2, pertaining to fencing on the rear property. On motion by Council- man Raciti, 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, with the dele- tion of Condition No. 2, and subject to all remaining conditions as recommended by the Planning Commission. ZE-77-101 The Director of Planning presented an application for Postal Instant Zone Exception ZE-77-101, Postal Instant Press (PIP), Press 10835 Sant Monica Boulevard, Los Angeles, for permis- 'sion to amend the Master Plan of the K Mart Shopping Center by the addition of a six-foot by six-foot, ten=inch Postal Instant Press booth, in a Cl -S zone located at 2200 Harbor Boulevard. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. No communications have been received. Scott Barrett, -270 East 17th Street, Costa Mesa, was present repre- senting Postal Instant Press, and agreed to the ..conditions. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. Oral Stuart Reynolds presented a request to hold concerts Communications on unspecified dates throughout the summer, similar to -,the one-night concert he requested at the meeting of -May 16, 1977. He was informed that certain information is required before such a request can be granted and was -advised to apply for the proper permit at the Finance Department. Councilmanic Councilwoman•Smallwood..expressed concern over the Comments problems encountered.in enforcing the current Sign Ordinance and proposed that a joint study session between the Planning Commission and Council be held to resolve problem areas. Councilman Raciti requested the staff be directed to undertakea study to determine if R4 zoning can be eliminated altogether. Mayor Hertzog suggested a study to determine the number of occupants per unit in order to get a more accurate picture when determining density. The City Attorney's request to leave the Country from June 18 to July 10, 1977, was approved. Adjournment At 10:45 p.m., the Mayor adjourned the meeting to the to Executive first floor Conference Room in Executive Session for Session the purpose of discussing pending litigation. The meeting reconvened at 10:50 p.m., and on motion by Councilwoman Smallwood, seconded by Councilman Resolution 77-68 Raciti, Resolution 77-68,,being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADANDONING CONDEMNATION OF THE WARWICK PARCELS AND AUTHORIZING THE CITY ATTORNEY'S OFFICE TO TAKE SUCH STEPS AS ARE NECESSARY TO ACCOMPLISH SAME, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Adjournment At 10:55 p.m., the -Mayor adjourned the meeting to June 14; 1977; at 2:00 p.m., in the fifth floor Conference'Room-of City Hall. Mak•r of. •la ATTEST: G., &4z,4� City Clerk of the City of Cos Mesa 1 1