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HomeMy WebLinkAbout07/18/1977 - City CouncilREGULAR:MEETING OF THE CITY COUNCIL CITY.OF COSTA MESA July 18, 1977 The City Council .of the City of Costa Mesa met in regular session at 6:30 p.m., July 18, 1977, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California.: The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by The Reverend Jerry Martin, Harbor Trinity Baptist Church. Roll Call Council Members Present:- Hertzog, Hammett, Raciti, McFarland, Smallwood Council Members. Absent: None Officials Present: City Manager, City Attorney, Assistant City Attorney, Director of Public Services/ City Engineer, Director of Planning, and City Clerk Minutes On motion by Councilwoman Smallwood, seconded by July 5,;'1977 Councilman McFarland, and carried, the Minutes of the regular meeting of July 5, 1977, were approved as distributed and posted as there were no corrections. Ordinances On motion by,Councilman McFarland, seconded by Councilman Raciti, and carried, all ordinances will be read by title only:' CONSENT CALENDAR. On motion by. Councilman Raciti, seconded by Councilman McFarland, the following Consent Calendar items were approved in one motion, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood -NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Energy Research A letter from the City of Cypress opposing and Development SCAG's, Southern California Association of Administration Governments, involvement in the Energy Program Research and Development Administration Program, suggesting this be more appropriate at State level and requesting support from appropriate agencies and Orange County cities. Public Utilities Notice of Filing Application for rate change Commission in the matter of Application No. 57399, Southern California Edison Company, for authority to modify its Energy Cost Adjustment Clause to increase its Energy Cost Adjustment Billing Factors. Financial A resolution from the City of Anaheim urging Responsibility the enactment of legislation that would require for Drivers proof of financial responsibility prior to the issuance of a driver's license. California A resolution from the City of Anaheim urging Vehicle Code the California Department of Motor Vehicles to Enforcement enforce Code Section 12805(f) and to refuse a l *3 driver's license to any person who cannot understand simple English used in highway, traffic, and directional signs. Officer Snow A letter from Bruce Brown commending Police Commended Officer Eric L. Snow. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: Frances Veronica Barrington and James Forsythe Barrington, doing business as Fran- cesca's, 1673 Irvine Avenue, Unit "B"; Lam Ding Chang.and Cheong Kwong Lam, doing busi- ness as Foregreen, 720 West 19th Street; and Chambers and Chambers, Incorporated, doing business as Chambers and Chambers Wine Mer- chants, 711 West 17th Street. Business Permits A Notice of Intention to Solicit for Charitable Purpose from the Orange County Epilepsy Society, 2730 North Epilepsy Society Main Street, Suite E, Santa Ana, by door-to-door soli- citation, November 1 through 30, 1977, was received and filed. Gemini Originals A request from Genimi Originals, 839 Lawrence Drive, Newbury Park, to hold a one -day art sale at South Coast Plaza on July 4, 1977, was ratified. West Mountain A request from West Mountain Company, 7509 West Whit - Company more Street, Rosemead, to hold a two-day antique and art show at the Orange County Fairgrounds, July 30 and 31, 1977, was approved subject to conditions of the Finance Director. Set for Public The following items were set for public hearing on Hearing August 1, 1977, at 6:30 p.m., in the Council Chambers of City Hall: Proposed Proposed ordinance amending Title 13 of the Ordinance Costa Mesa Municipal Code adopting additional Amending development standards and revised processing Title 13 procedures for the R2, R3, R4, R2 -CP, R3 -CP, and R4 -CP multiple -family residential districts. R-77-22 Rezone Petition R-77-22, Costa Mesa Planning Commission, for permission to rezone property located at 324 Victoria Street, from R2 -CP to R3 -CP, and property located at 332 Victoria Street, from R2 -CP and R3 -CP to R4 -CP, in conformance with Specific Plan SP -76-01. Environmental Determination: Environmental Impact Report for General Plan Amendment GP - 76 -01 which was accepted by Council April 19, 1976. R-77-23 Rezone Petition R-77-23, Costa Mesa Planning Commission, for permission to rezone property located at 2276 College Avenue, from C2 to R2 -CP, in conformance with the General Plan. Environmental Determination: Negative Declaration. Refunds. On recommendation by the Director of Finance, a refund of $75.00 to R. J. Miller, Harvest Productions, 31219 Miller/Harvest Holly Drive, South Laguna Beach, as business permit Productions was not approved, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None IM Kort On recommendation by the Director of Finance, a refund of $30.00 to George J. Kort, Kort of Europe, 2400 Camino del Sol, Fullerton, on Business License 13454, as applicant did not start business, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None, Nelson On -recommendation by the Director -of Finance, a refund of $10.00 to Albert 0. Nelson, 32770 Ortega Highway, Elsinore, on Transaction No. TR3089, due to overpay- ment, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Slack Oil On recommendation by the Director -of Finance, a refund Company of $9.00 to John Slack Oil Company, 501 South Olive Street, Anaheim, due to overpayment of business tax, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Application On motion by Councilman Raciti, seconded by Councilman Withdrawal McFarland, withdrawal of Rezone Petition R-77-21, Robert A. Oliphant, 304 Hanover Drive, Costa Mesa, for R-77-21 permission to rezone property located at 1828 Pomona Oliphant Avenue, from R2 to R3, in conformance with the General Plan, including refund of all fees, was approved as recommended by the Planning Commission, by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement between the City of Irvine and the City City of Irvine of Costa Mesa for the furnishing of helicopter ser- vices, was presented. The cost to the City of Irvine Helicopter will be $6,600.00 per year. On motion by Councilman Services Raciti, seconded by Councilman McFarland, 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, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Permit A request from the First Southern Baptist Church, 650 West Hamilton Street, for permission to use Lions Park First Southern for four days, July 25-28, 1977, for church day camp Baptist Church activities, was presented.. On motion by Councilman Raciti, seconded by Councilman McFarland, and carried, the permit was approved subject to conditions of .the Leisure Services Department. Street Bids received for the Construction of Street Improve - Improvements ments on 22nd Street, from the Westerly Frontage Road on 22nd Street of Newport Boulevard to 450 feet Easterly, are on file 1 I - v in the Clerk's office. On motion by Councilman Raciti, Awarded seconded by Councilman McFarland, the contract was A. M. awarded to A. M. Construction, Incorporated, 10727 Construction Leland Avenue, Whittier, in the amount of $43,444.68, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Improvements on Bids received for the Construction of Street Improve - Victoria Street ments on Victoria Street, Santa Ana River to Canyon Drive, are on file in the Clerk's office. On motion by Councilman Raciti, seconded by Councilman McFarland, Awarded the contract was awarded to Sully -Miller Contracting Sully -Miller Company, 6145 Santiago Canyon Road, Orange, in the amount of $356,226.90, on Alternate No. 1, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Improvements on Bids, received for the Construction of Street Improve- Harla Avenue ments for Harla Avenue, are on file in the Clerk's office. On motion by Councilman Raciti, seconded by Awarded Councilman McFarland, the contract was awarded to E. A. Reed E. A. Reed Construction Company, 7 Viejo, Irvine, in Construction the amount of $6,000.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Termination of The Director of Public Services recommended the termi- Contract - nation of the contract with James M. Montgomery, Montgomery Engineering Consultants, Incorporated, dated August 6, 1974, for the design of a waste water irrigation facility, due to. -the significant increase in the esti- mate.of costs to construct said facility. On motion by Councilman Raciti, seconded by Councilman McFarland, and carried, the contract was terminated. Waiver of The Director of Public Services recommended the waiver Drainage Fees of drainage fees in exchange for dedication of right- of-way for the Bear Street Extension on Assessor Parcel Numbers 141-241-09 and 141-241-13. The property owners involved are respectively Nisswa Properties, Incorpor- ated, and Glen B. Wolmutt. On motion by Councilman Raciti, seconded by Councilman McFarland, the recom- mendation -was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement between the City and the Newport -Mesa School District School District for acquisition of.35,863.71 square feet of land for the Bear Street Extension, was pre - Bear Street sented. The agreement stipulates a payment of Extension $118,570.00 for the property, located at 915 Baker Street, and for escrow to terminate as soon as possi- ble. On motion by Councilman Raciti, seconded by Councilman McFarland, the agreement was approved, and 1 1 the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Tracts 9383 and The monument improvements for Tracts 9383 and 9413, 9413 - Buccola located south of Paularino Avenue and west of the Company Corona del Mar Freeway, have been completed by the Buccola Company, 4501 Birch Street, Newport Beach, to the satisfaction of the Director of Public Ser- vices. On motion by Councilman Raciti, seconded by Councilman McFarland, the work was accepted and the monument bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Tract 8540 - The improvements in Tract 8540, located on the south Griset side of Wilson Street, west of Fairview Road, have been completed by James'R. Griset, 3404 Via Oporto, Suite 5A, Newport Beach, to the satisfaction of the Director of Public Services. On motion by Councilman Raciti, seconded by Councilman McFarland, the work was accepted, and the Time Certificate of Deposit, in the amount of $6,600.00, was ordered exonerated by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Tract 8072 - The improvements in Tract 8072, located on the south - Don Koll Company east corner of Red Hill Avenue and Airport Loop Drive, have been completed by Don Koll Company, 1901 Dove Street, Newport Beach, to the satisfaction of the Director of Public Services. On motion by Councilman Raciti, seconded by Councilman McFarland, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - State An agreement with the State of California for a Pave - of California ment Marking Demonstration Program, was presented. This program will provide, at no cost to the City, Pavement Marking replacement of all existing painted stop messages, Program lines, and white crosswalks, with a hot plastic application which lasts for approximately seven years, and will reduce the City's expenditures for paint and paint equipment. On motion by Councilman Raciti, seconded by Councilman McFarland, 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, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 1 Tentative Parcel The Director of Public Services recommended exonera- Map S-77-07 tion of-the bonds in connection with Tentative Parcel Map S-77-07, located north of Sunflower Avenue, east of the Santa Ana River. These bonds were initially required to guarantee the upgrading of streets within the development, and are no longer necessary as the streets have now been deleted from the City's Master Plan of Highways. On motion by Councilman Raciti, seconded by Councilman McFarland, the bonds were ordered exonerated by the following roll-call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Final Development On motion by Councilwoman Smallwood, seconded by Plan - Tarnutzer Councilman McFarland, Ordinance 77-32, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 77-32 MESA, CALIFORNIA, CONCERNING THE ADOPTION OF THE FINAL Adopted DEVELOPMENT PLAN OF BYRON TARNUTZER, FOR THE PLANNED DEVELOPMENT LOCATED AT 2915 RED HILL AVENUE, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None R-77-20 On motion by Councilwoman Smallwood, seconded by Hollingsworth Councilman McFarland, Ordinance 77-30, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 77-30 MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF Adopted LOT 26, FAIRVIEW FARMS, FROM R2 TO R3-CP, was given second reading and adopted by'the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None R-77-09 On motion by Councilman Raciti, seconded by Council- Water District man McFarland, Ordinance 77-33, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Ordinance 77-33 FORNIA, CHANGING THE ZONING OF A PORTION OF LOT 142 Adopted OF IRVINE'S SUBDIVISION, FROM MP TO PDI, was given second reading and adopted-by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ZE-75-09 The Clerk presented a letter from Hubert H. Hargett, Hargett 2232 Pomona Avenue, Costa Mesa, requesting confirma- tion of the Council's action with regard to Zone Referred to Exception ZE-75-09. This application concerns the Planning encroachment into the rear yard setback of the Commission property-for a carport cover for a recreational vehicle. The present location of the carport is not in conformance with the plans submitted with the application, however, the applicant was under the impression that approval was given for the structure as it exists. Mr. Hargett was present to answer questions from the Council. Paul Gillman, 2242 Pomona Avenue, neighbor of the applicant, was present to express some concerns about the structure. After discussion, on motion by Councilman Raciti, seconded Photocopying Fees for Public Documents Ordinance 77-34 First Reading by Councilwoman Smallwood, and carried, the application was referred to the Planning Commission for recom- mendation. The -Clerk presented a proposed ordinance and resolu- tion concerning photocopying fees for public documents. James Toledano expressed his opinion that the charge for routine items is excessive. After discussion, on motion by Councilman McFarland, seconded by Council- woman Smallwood, Ordinance 77-34, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMEND- ING SECTION 2-245 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PHOTOCOPYING FEES OF PUBLIC DOCUMENTS AND SETTING FORTH PROCEDURES FOR INSPECTION AND DUPLICA- TION OF CITY RECORDS, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman McFarland, seconded by Council - Resolution 77-86 woman Smallwood,'Resolution 77-86, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, SETTING FORTH PROCEDURES AND FEES FOR THE INSPECTION AND DUPLI- CATION OF CITY RECORDS, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Pinkley Park The Clerk presented a proposed resolution naming Ogle Street Park, A. L. Pinkley Park. Councilwoman Small- wood expressed the Council's desire to name this park in honor of both Mr. and Mrs. Pinkley and will there- fore amend the resolution to Pinkley Park. On motion by Councilwoman Smallwood, seconded by Councilman Resolution 77-87 Raciti, Resolution 77-87, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, NAMING PINKLEY PARK IN HONOR OF MR. AND MRS. A. L. PINKLEY, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Raciti, seconded by Council - Resolution 995 woman Smallwood, Warrant Resolution 995, including Payroll 7714, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Golf Course The City Manager presented from the meeting of July 5, Fees for 1977, the policy with regard to senior citizen rates Senior Citizens and rate policy for the Costa Mesa Golf and Country Club. At the -previous Council meeting, the City Council asked for alternatives to the plan which the staff proposed with respect to senior citizens. The City Manager suggested that the following policy be considered for Costa Mesa senior citizens'(over 60 years of age) only: provide the Mesa Linda Course 1 1 1 any time on weekdays for $12.00 per person per month, and Los Lagos Course on weekdays before 7:45 a.m. and after 12:30 p.m. for a flat rate of $15.00 per person per month. During discussion, Councilman McFarland expressed his opinion that the original staff recommendation was reasonable and felt that senior citizens have a more flexible schedule with respect to the hours of play. Dick Foster expressed appreciation to the Council for their consideration of the senior citizens. After further discussion, on motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, Councilman McFarland voting no, the policy as previously outlined was approved. Councilman Raciti requested that this policybe brought back for reconsideration in six months. Salary Increase The City Manager presented a resolution authorizing a for Police salary increase of 2.5 percent for police lieutenants. Lieutenants This increase would be effective July 17, 1977, and is in accordance with an agreement reached last October. On motion by Vice Mayor Hammett, seconded by Council - Resolution 77-88 man McFarland, Resolution 77-88, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE RATE OF PAY FOR POLICE LIEUTENANT, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Workers' The City Manager recommended a new retention level of Compensation - $150,000.'00 for the self-funded Workers' Compensation Self -Funded Program. The present retention is $100,000.00, but Program the insurance premium to retain this level has increased in excess of $10,000.00. After.discussion, on motion by Councilman McFarland, seconded by Councilwoman Small- wood, the recommended $150,000.00 retention was approved at a premium cost of $33,000.00, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Sale of City Bids received for the sale of City property located at Property - the northwest corner of Harbor Boulevard and the San Harbor Boulevard Diego Freeway, are on file in the Clerk's office. The and the San Diego City Manager recommended approval of the sale to ' Freeway Huntington Capital Corporation, 16168 Beach Boulevard, Suite 200, Huntington Beach, at a price of $3.81 per square foot, for an approximate total of $1,030,631.00, and in accordance with the terms stipulated in their letter of May 26, 1977. A brokerage fee of $25,000.00 will be paid from the proceeds at the close of escrow. After discussion, on motion by Councilwoman Smallwood, seconded by Councilman McFarland, the sale was approved as recommended, and authorization given to enter escrow with a $10;000.00 deposit from the buyer, r- by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Landscape of a Bids received for the Landscape Development of a Portion Portion of of TeWinkle Memorial Park, are on file in the Clerk's TeWinkle Park office. On motion by Councilman McFarland, seconded by b 286 Councilman.Raciti, the contract was awarded to Harman Awarded B. J. G1add Construction Company, 1231 South Harman Gladd- La Cienega Boulevard, Los Angeles, in the amount of Construction $646,157.00, being the lowest bid meeting specifi- cations, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Parkland set for the public hearing for consideration of new Dedication or census and average parkland cost data to be used in In -lieu Fees the City's ordinance formula for calculating park- land dedication, or in -lieu fees. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Richard Sewell, 136 Rochester Street, Costa Mesa, expressed objection to the revised formula based on the opinion that the increase in fees will be excessive. Mr. Sewell also expressed the opinion that the calculation of fees should be made on the bedroom count as opposed to the size of'the development. During the discussion which followed, it was generally felt that a reasonable amount of open space must be maintained and that the fees should be set in an equitable manner in keeping with the value of the land. Vice Mayor Hammett felt that insufficient information was available to vote on this matter in terms of parkland maintenance costs, utilization of parks, amenities desired by the populous, etc. The Planning Commission has recommended that the population density be set by assigning the mean population per single-family unit, and per multiple -family unit. The Planning staff has recommended that the population density be set by assigning,the mean population to the number of bed- rooms per single-family unit and per multiple -family unit. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, based on Resolution 77-89 the Planning staff's recommendation, Resolution 77-89, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THE POPULATION DENSITY FOR SINGLE AND MULTIPLE FAMILY DWELLING UNITS, AND FINDING AND DETERMINING THE AVERAGE FAIR MARKET VALUE OF PARKLAND WITHIN THE CITY, was adopted by the following roll call vote: ' AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: Hammett ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-77-17 set for the public hearing to consider Rezone Peti- McKinnon tion R-77-17, Roger G. McKinnon, 2737 East Coast Highway, Corona del Mar, for permission to rezone property located at Fairview Road and Avocado Street, from Cl, C2, and.R2 to R4 -CP. Environmental Deter- mination: Negative Declaration. The Affidavit of Publication -is on file in the Clerk's office. Let- ters in favor of the request have been received from the following citizens: Bob Paley, 2239 Fairview Road, Costa Mesa; Bernard McGeough, 2233 Fairview Road; Clarence Boardman, 1836 Port Wheeler Place, Newport Beach, owner of property at 2205'Fairview Road; and William Cagney, owner of properties adjacent to the subject property. The applicant was present to answer questions from the Council. The Planning staff and Planning Commission recommended approval of the request. Councilman Raciti expressed concern about 1 A 1 1 the possible density which may result if the R4 zone is approved. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilman McFarland, seconded by Councilwoman Smallwood, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and Ordinance 77-35, being Ordinance 77-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA First Reading MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOTS 78, 79, and 80, TRACT 57, FROM R2, Cl, AND C2 TO R4 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Hammett, McFarland, Smallwood NOES: Council Members: Raciti ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Redevelopment set for the public hearing, continued from the meet - Plan Amendments ing of July 5, 1977, to consider a proposed ordinance concerning alterations of the development standards, land use designations, and procedures governing the Redevelopment Agency in order to resolve the current General Plan, zoning, Redevelopment Plan conflicts, and to improve the processing of Redevelopment actions. The Planning staff recommends adoption of the amendments contained in the study document entitled, "Redevelopment Plan Amendments - June, 1977", with one amendment on'Page 18 concerning appeal procedures of the Redevelopment Agency. The Redevelopment Agency has recommended, and the staff concurs, that this section be amended to read that appeals should be filed in accordance with Section 2-300 of the Costa Mesa Municipal Code. The Council deleted from consideration Case -K on Page 5, due to their previous action on GP -77-2D; and with respect to the property referred to in Case L, directed that the Redevelopment Plan be amended to Commercial. There being no other speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, subject to the fore- going amendment, Ordinance 77-36, being AN ORDINANCE Ordinance 77-36 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- First Reading FORNIA, AMENDING ORDINANCE NO. 73-44, COSTA MESA DOWNTOWN REDEVELOPMENT PLAN, was given first reading and.passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Vice Mayor Vice Mayor Hammett left the meeting briefly at this Hammett Leaves point and therefore did not participate in the voting on the next two public hearings. Public Hearing The Clerk announced that this was the time and place Extension of set for the public hearing to determine whether or Development -not Ordinance 77714 shall be given an extension of Freeze time, prohibiting uses which may be in conflict with a contemplated zoning proposal, in the general area bounded by Palace Avenue, Hamilton Street, Pomona Avenue, 19th Street, and also bounded by Bernard Street, Charle Street, Maple Avenue, and Hamilton Street. The Affidavit of Publishing and Mailing is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood; seconded by Councilman Urgency McFarland, Ordinance 77-37, being AN INTERIM ORDINANCE Ordinance 77-37 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Adopted - FORNIA, EXTENDING THE EFFECT OF ORDINANCE NO. 77-14 288 CONCERNING A FREEZE ON'BUILDING PERMITS OR REVISED USES IN THE GENERAL AREA BETWEEN PALACE AVENUE, NINETEENTH STREET, POMONA AVENUE, AND HAMILTON STREET; AND BETWEEN BERNARD STREET, CHARLE STREET, MAPLE AVENUE, AND HAMILTON STREET, DECLARING SAID ORDINANCE TO BE AN URGENCY ORDINANCE AND SETTING FORTH THE REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Public Hearing The Clerk announced that this was the time and place Abandonment - set for the public hearing to consider a proposed Cork Lane abandonment of City right-of-way behind an existing sidewalk adjacent to 3157 Cork Lane, requested by John Hartl. Environmental Determination: Exempt. The Affidavits of Publishing and Posting are on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval of the request subject to three conditions. Al Geiser was present, representing the applicant, to answer questions from the Council. There being no other speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, the request was approved subject to conditions as recommended by the Planning Resolution 77-90 Commission, and Resolution 77-90, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ORDERING THE VACATION OF A PORTION OF LONDON- DERRY STREET AND CORK LANE, IN TRACT 4356, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Recess The Mayor declared a recess at 8:25 -p.m. and the meeting reconvened at 8:30 p.m. Public Hearing The Clerk announced that this was the time and place Amortization set for the public hearing to consider a proposed Schedule II of procedure for implementing Amortization,Schedule II the Costa Mesa of the Costa Mesa Sign Ordinance. The Affidavit of Sign Ordinance Publication is on file in the Clerk's office. No communications have been received. The Planning Commission has recommended adoption of Schedule II of the amortization provisions and has submitted a resolution outlining the procedures for implementa- tion. The following citizens spoke in opposition to various aspects of the Sign Ordinance as it presently exists and suggested reconsideration of the ordinance or at least this phase of it: Carl Olsen, 4605 North Lankersheim Boulevard, North Hollywood; Stephen Ball, representing Sinclair Paints, 1901 Harbor Boulevard, Costa Mesa; Casey Walls, representing Kort Furniture Rental; Henry Ardjat, 1913 Harbor Boulevard, Costa Mesa; James Ross, owner of Love's Barbeque on Bristol Street; and George Heed, owner of Furniture in the Nude, 517 West 19th Street, Costa Mesa. Arden H. Berg, 311 North Normandie Avenue, Los Angeles, repre- senting the.Sign Users Council, suggested that a businessmen's committee.be appointed by the Council to study the matter further. Gene Robens, 1807 Tahiti Drive, Costa Mesa, suggested that the place- ment of address numbers on the buildings would greatly aid the citizenry in locating businesses. The following citizens spoke in favor of implementing the Sign Amortization Procedures: Ann Mound, 3128 1 i 289 Country Club Drive, Costa Mesa; Carl Vella, represent- ing the Costa Mesa Beautification Committee; Maureen DiDomenico, 941 Coronado Drive, Costa Mesa; J. C. Humphries, .representing Costa Mesa Tomorrow; and Darrilyn Oliver. There being no other speakers, the Mayor closed the public hearing. During the Council discussion which followed, the opinion was expressed that the Sign Ordinance will ultimately be an asset to all businesses, eliminating the clutter and large signs which now make it difficult to identify one business from another. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood,.the Planning Commission's Resolution 77-91 recommendation was approved, and Resolution 77-91, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING PROCEDURES TO IMPLEMENT SCHEDULE II OF THE AMORTIZATION PROVISIONS OF THE COSTA MESA SIGN ORDINANCE, SECTION 5-126(D)(2) OF THE COSTA MESA MUNICIPAL CODE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The public hearing concerning the Final Environmental Final EIR for Impact Report for proposed General Plan Amendment GP -77-2B GP -77-2B, and a rezone at the southwest corner of Sunflower Avenue and Bear Street, was continued to Held Over the meeting of August 1, 1977, at 6:30 p.m., in the Council Chambers of City Hall, as requested by the applicant. Public Hearing The public hearing concerning General Plan Amendment GP -77-2B - GP -77-2B, Henry Roberts, Jr., 351 Las Palmas Drive, Roberts Fullerton, for permission to amend the land use designation for 4.6 acres of vacant land at the Held Over southwest corner of Bear Street and Sunflower Avenue, from Medium Density Residential to General Commercial, was continued to the meeting of August 1, 1977, as requested by the applicant. Public Hearing The public hearing concerning General Plan Amendment GP -77-2E - GP -77-2E, William J. Cagney, 550 Newport Center Drive, Cagney Suite 934, Newport Beach for permission to amend the land use designation of property located along the Held Over north side of Baker Street, east of Babb Street, from Low Density Residential to Medium Density Residential, was continued to the meeting of August 15, 1977, with a Study Session on August 8, 1977, as requested by the applicant's representative. Public Hearing The Clerk announced that this was the time and place Final Development set for the public hearing to consider the Final Plan - Arnel Development Plan in connection with ZE-76-208A, Arnel Development Development Company, 505 North Tustin Avenue, Santa Ana, for construction of 539 apartment units and 126 single-family homes located at the southwest corner of Bear Street and South Coast Drive. The California Environmental Quality Act requirements have been met by the Environmental Impact Report accepted by Council on September 20, 1976. In conjunction with the Final Tentative Map Development Plan, Tentative Map of Tract 9936 was of Tract 9936 presented for a 128 -lot subdivision. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Darrilyn Oliver, 3077 Yukon Avenue, Costa Mesa, read a statement which, in part, expressed her support of the North Costa Mesa P Homeowners Association's position that the subject property should be developed R1. Perry Valantine of the Planning staff described some minor modifications which have been made to the plan but stated that the ;.2 Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 1, 1977 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., August 1, 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 Doctor B. Lothair Green, Mesa Verde United Methodist Church. Council Members Present: Hertzog, Hammett, Raciti, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Public Services/ City Engineer, Chief of Advance Planning, City Clerk Minutes On motion by Vice Mayor Hammett, seconded by Council - July 18, 1977 woman Smallwood, and carried, the Minutes of the regular meeting of July 18, 1977, were approved as distributed and posted as there were no corrections. Ordinances On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, all ordinances will be read by title only. Presentation Councilwoman Smallwood presented to Mr. and Mrs. A. L. to Mr. and Mrs. Pinkley a certified copy of Resolution .77-87, adopted Alvin Pinkley July 18, 1977, naming Pinkley Park in honor of former Councilman and Mayor Alvin Pinkley and Mrs. Pinkley. The Pinkleys expressed their gratitude for the honor, and further expressed their pleasure that this particular park was chosen. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Reading Folder Item 2, financial responsibility prior to issuance of a driver's license; and Item 18, approval of new owners of Harbor Towing. On motion by Vice Mayor Hammett, seconded by Council- man McFarland, the remaining Consent Calendar items were approved in one motion, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Reading Folder - The following Reading Folder items, in the Consent Calendar, were received and processed: Claims. The following claims were received by the City Clerk and no action is required: Mrs. Joyce Strickler on behalf of Heather Strickler, a minor; and Attorney Steven L. Stern on behalf of Mary C. Gann. Senate Bill 792 A resolution from the City of Huntington Beach supporting Senate Bill 792, which provides for a new program of grants and reimbursements to public libraries. Transfer Station A resolution from the Garden Grove Sanitary and Landfill District urging the Orange County Board of Equipment Supervisors to authorize purchase of, and budget for, equipment urgently needed at transfer stations and landfills, and urging the City of Costa Mesa to adopt a similar resolution. Police Department A letter from Robert M. Oster expressing and Officer thanks and appreciation to the Costa Mesa Courteau Commended Police Department and Officer Art Courteau for their recent assistance. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Planning Licenses Department, from: Ye Olde Cock Tavernes and Inns, Incorporated, doing business as Ye Olde Taverne, 1400 Southeast Bristol Street; E. Hazel Sargenti, doing business as Sargenti's, 843 West 19th Street; Jack B. Connors and John S. Pitt, doing business at 177 East 17th End - Street; and S A W, Incorporated, doing business Reading Folder as Alisio's, 1670 Newport Boulevard. Set for Public The following items were set for public hearing on Hearing August 15, 1977, at 6:30 p.m., in the Council Chambers of City Hall: Final Development Final Development Plan in connection with Zone Plan - Gregory Exception ZE-77-117A,- James H. Gregory, 3187 Airway Avenue, Costa Mesa, for construction of an 83 -unit residential planned development, in a PDR -MD zone, located south of Sea Bluff Drive, formerly Hamilton Street, at Canyon Drive. Environmental Determination: Negative Declaration. Conflict of A proposed ordinance adopting a Conflict of Interest Code Interest Code as required by the Political Reform Act of 1974. Refunds On recommendation by the Director of Building Safety, a refund of $23.80 to Atlas Builders, 2432 Newport Atlas Builders Boulevard, on Building Permit 42590, as project has been cancelled, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Smith Brothers On recommendation by the Director of Building Safety, a refund of $19.00 to Smith Brothers Company, 16.40 Superior Avenue, Costa Mesa, on Mechanical Permit 14028, issued in error for project outside of City, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ZE-75-43 and On recommendation by the Director of Planning, refund ZE-76-218 - of a $500.00 cash deposit to Charles Amash, 2956 Amash Bristol Street, Costa Mesa, on Zone Exception ZE-75- 43, as concrete curbing condition_:has now been replaced by brick as approved by Zone Exception ZE-76-218, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Nelson - Moses - On recommendation by the Director of Finance, refunds C. McGee Electric of: $10.00 to Albert 0. Nelson, 32770 Ortega Highway, - Correal - Elsinore; $20.00 to Clinton Moses, 2025 East Balboa Wallace's Antique Boulevard, Balboa; $36.00 to C. McGee Electric, Fair - R. Lozzi Incorporated, Post Office Box 2186, Pomona; $10.00 to Masonry - Witzel - Jose Correal, 1835 Whittier Avenue, Costa Mesa; John Slack Oil $45.00 to Wallace's Antique Fair, 2051 Newport Boule- vard, Costa Mesa; $36.00 to R. Lozzi Masonry, 10871 Stanford Avenue, No..16, Garden Grove; $15.00 to Marilyn Witzel, Post Office Box 1404, Newport Beach; and $9.00 to John Slack Oil Company, 501 South Olive Street, Anaheim, representing overpayments of busi- ness license fees, were approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None McCrea On recommendation by the Director of Finance, a refund of $5.00 to T. S. McCrea, 2028 Meyer Place, Costa Mesa, on Dog License 2436; and a refund of $5.00 to Donald McLeod McLeod, 966 Begonia Avenue, Costa Mesa, on Dog license 3690, were approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Claim - Chase On motion by Vice Mayor Hammett, seconded by Council - Denied man McFarland, and carried, the claim of Andrea Chase was denied. Lease Agreement - A rental agreement with Lexitron Corporation, 1651 Lexitron East 4th Street, Suite 150, Santa Ana, for one Model 921 and one Model 942 word processing units, to be installed in the Planning Department, was presented. On motion by Vice Mayor Hammett, seconded by Council- man McFarland, the lease was approved for one year, in the amount of $15,358.08, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Portion of A resolution declaring a portion of Pinkley Park to Pinkley Park be a public alley, was presented. On motion by Vice Declared a Mayor Hammett, seconded by Councilman McFarland, Public Alley Resolution 77-93, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 77-93 DECLARING.A PORTION OF PINKLEY PARK TO BE A PUBLIC ALLEY, AUTHORIZING THE RECORDING OF SAID RESOLUTION, AND DECLARING THE REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None G 1 17 Agreement - 32nd The City Manager presented an agreement with the Agricultural State of California 32nd Agricultural Association Association and the City of Costa Mesa Police Department to provide police security at the Fairgrounds during Police Security the Orange County Fair, July 15-24, 1977, at a cost During Fair of $9.80 -per hour per man. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the agreement was ratified by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Conference On motion by Vice Mayor Hammett, seconded by Council - Advances man McFarland, a Conference Advance request for two police officers to attend Officer Survival Seminar in San Luis Obispo, August 28 to September 2, 1977, was approved in the amount of $225.00 each, for a total of $450.00, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None On motion by Vice Mayor Hammett, seconded by Council- man McFarland, a Conference Advance request for a police officer to attend Questioned Document Investi- gation Class in San Jose, August 22 through 26, 1977, was approved in the amount of $240.00, by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Financial Item 2 of the Reading Folder on the Consent Calendar, Responsibility a resolution from the City of Fountain Valley urging Prior to enactment of legislation that would require proof of Issuance of a financial responsibility prior to issuance of a Drivers License drivers license, was -presented. Vice Mayor Hammett voiced concern that the resolution was not specific Held Over and was misleading. Councilman McFarland spoke in favor of the increased protection for drivers that the resolution offered, but agreed the wording was not sufficient. Councilman Raciti expressed his concern that a no vote might be misconstrued to mean that the entire concept of the resolution was rejected. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, Councilmen Raciti and McFarland voting no, support of this resolution was withheld pending further investigation. On further motion by Councilman Raciti, seconded by Vice Mayor Hammett, and carried, a request was made to staff to secure more details and to bring this matter New Ownership up at the meeting of August 15, 1977. Item 18 on the Consent Calendar, transfer of ownership of Harbor of Harbor Towing Company, 964 West 17th Street, Costa Towing Company Mesa, from Owen Hawley to Bill Rush, was presented. David Salcido, 954 West 17th Street, addressed the Council concerning various problems relating to the appearance of the Harbor Towing facility, and pre- sented a statement listing these problems to the Clerk. He further stated that these problems were violations of the conditions set forth in the Variance issued for the property in September, 1968. After discussion, it was suggested that a zoning inspector be sent to appraise the situation. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, and carried,.the new ownership was approved subject to verification within two weeks that all condi- tions have been met. Photocopying On motion by Councilwoman Smallwood, seconded by Fees Councilman McFarland, Ordinance 77-34, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 77-34 MESA, AMENDING SECTION 2-245 OF THE COSTA MESA Adopted MUNICIPAL CODE RELATING TO PHOTOCOPYING FEES OF PUBLIC DOCUMENTS AND SETTING FORTH PROCEDURES FOR INSPECTION AND DUPLICATION OF CITY RECORDS, was given second reading and adopted by following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None R-77-17 On motion by Councilman McFarland, seconded by McKinnon Councilwoman Smallwood, Ordinance 77-35, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 77-35 MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION Adopted OF LOTS 78, 79, AND 80, TRACT 57, FROM R2, Cl, AND C2 TO R4 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, McFarland, Smallwood NOES: Council Members: Raciti ABSENT: Council Members: None Redevelopment On motion by Councilman McFarland, seconded by Plan Amendments Councilman Raciti, Ordinance 77-36, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 77-36 MESA, CALIFORNIA, AMENDING ORDINANCE NO. 73-44, THE Adopted COSTA MESA DOWNTOWN REDEVELOPMENT PLAN, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Final Development The Clerk presented for final reading and adoption, Plan - Arnel Ordinance 77-38, concerning the Final Development Development Plan for Arnel Development Company. Paul Diehl, 1092 Santa Cruz Circle, Costa Mesa, a member of the board of the North Costa Mesa Homeowners Association, addressed the Council requesting that the citizens' constitutional right of initiative be allowed its full course before action is taken on this item. Jean Robbins, 1807 Tahiti Drive, Costa Mesa, voiced concern for the lack of entrances and exits in the design of the development. After discussion, on motion by Councilman McFarland, seconded by Vice Mayor Ordinance 77-38 Hammett, Ordinance 77-38, being AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING THE ADOPTION OF THE FINAL DEVELOPMENT PLAN BY THE ARNEL DEVELOPMENT COMPANY FOR THE PLANNED DEVELOPMENT LOCATED ON SOUTH COAST DRIVE BETWEEN BEAR STREET AND SAN LEANDRO LANE, .was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, McFarland, Smallwood NOES: Council Members: Raciti ABSENT: Council Members: None eve Warrant On motion by Councilwoman Smallwood, seconded by Resolution 996 Councilman McFarland, Warrant Resolution 996 was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Councilman McFarland, seconded by Vice Resolution 997 Mayor Hammett, Warrant Resolution 997, including Payroll 7715, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman McFarland, seconded by Council - Resolution 998 man Raciti, Warrant Resolution 998 was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett,- Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Administrative The City Manager presented a request for authorization Assistant for to fill the position of Administrative Assistant, Community Community Development, necessitated by the increased Development workload in that department. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, authorization was given to recruit for this position. Funds Application The City Manager presented a resolution approving the for Canyons Park application for land and water conservation funds for the Canyons Park Project., On motion by Councilwoman - Smallwood, seconded by Councilman McFarland, Resolution Resolution 77-94 77-94, being'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICA- TION FOR LAND AND WATER CONSERVATION FUNDS FOR THE CANYONS PARK PROJECT, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Formation of The City Manager presented a resolution initiating Assessment proceedings for the formation of an assessment district District pursuant to the Landscaping and Lighting Act of 1972. Discussion followed regarding the options available. Tract 9901 On motion by Councilwoman Smallwood, seconded by Councilman Raciti, Resolution 77-95, being A RESOLUTION Resolution 77-95 OF THE CITY COUNCIL OF' THE CITY OF COSTA MESA, CALI- FORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF AN ASSESSMENT DISTRICT.PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AS SET FORTH IN,PART TWO OF DIVI- SION 15 (SECTION 22500 ET SEQ.) OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Redevelopment The City Manager presented a request from the Redevel- Agency Property opment Agency to negotiate the purchase of a portion Purchase of the Fidelity Savings and Loan Association's property at Harbor Boulevard and Center Street. The cost of the approximately 77,500 square feet of land is anticipated to be $380,000.00, plus normal escrow costs. On motion by Councilman Raciti, seconded by Mayor Hertzog, the request was approved by the following roll call vote: AYES: Council_Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Redevelopment The City Manager presented a request for renewal of Agency Loan promissory notes between the Redevelopment Agency and Renewal the City of Costa Mesa, at the interest bearing rate of seven percent. On motion by Councilwoman Small- wood, seconded by Councilman McFarland, renewal was approved in the amount of $293,050.00, by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Waiver of Fees The City Manager presented a request from the Boy's Boy's Club and Club of the Harbor Area, for waiver of plan check National Charity and permit fees for the Upper Bay Branch expansion League project; and a request from the National Charity League, Newport Center, for waiver of a $50.00 filing fee for a Zone Exception Permit for additional park- ing at their Thrift Shop for senior citizens at 114 East 19th Street. On motion by Vice Mayor Hammett, seconded by Councilman Raciti, the requests for waiver of fees were approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: :None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Weed Abatement set for the public hearing for reported weed abate- ment costs for individual parcels of land in the City of Costa Mesa. The Affidavit of Posting is on file in the Clerk's office. No communications have been received.. There being no speakers, the Mayor closed the public heating. On motion by Councilman Raciti, Resolution 77-96 seconded by Councilwoman Smallwood, Resolution 77-96, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR.HIS DESIGNEE, SHOWING THE COST OF REMOVING THE RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Vice Mayor At this point_, Vice Mayor Hammet left the meeting Hammett Leaves briefly. Public Hearing The Clerk announced that this was the time and place R-77-06 set for the public hearing, continued from the meet- ing of June 20, 1977, to°consider Rezone Petition i L 1 299 R-77-06, Costa Mesa Planning Commission, for per- mission to rezone property located at 1920-22 Wallace Avenue, from C1 to R2 -CP; 1912, 1915, 1916 Wallace Avenue, and 1923 Pomona Avenue, from R3 -CP to R2 -CP; 1939, 2043-2049 (odd numbers), 1950, 1954 Wallace Avenue, and 1955-1975 (odd numbers) Pomona Avenue, from R4 -CP to R3 -CP; 737-769 Hamilton Street (odd numbers), 700-771 20th Street, 1925-1945 (odd numbers), and 1981-2039 (odd numbers) Pomona Avenue, 1961 and 2014 Sterling Avenue, 1925, 1933, 1926-1948 (even numbers), 1945-2039 (odd numbers), 2073-2093 (odd numbers), and 1960-2092 (even numbers) Wallace Avenue, from R4 -CP to R2 -CP. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. Communications in opposition to the request have been received from: B. Dean Clanton, 361 Jasmine Street, Laguna Beach, owner of property at 1981 Wallace Avenue; Lois E. Mullen, 1951'Wallace Avenue; Chauncey W. Voorhies, Jr., 1742 Miramar Street, Balboa, owner of property at 1926 Wallace Avenue; and Kenneth G. Robinson, owner of property at 1912 and 1916 Wallace Avenue. William Druitt, 769 West 20th Street, spoke in opposition to the request citing the lack of parking and other facilities, and presented a map to the Council illustrating the approximate number of units now occupying the various lots in question. Also speaking in opposition were: James Burton, 3198 Cape Verde Place, Costa Mesa; Byron Gibbons, 246 Loyola Road, Costa Mesa, owner of the property at 1965 Wallace Avenue; and Ernest Kostlan, owner of the property at 2030-2035 Wallace Avenue. There being no other speakers, the Mayor closed the public hearing. Discussion followed regarding the need for improved facilities and the Planning Department's recommendations for the property. Vice Mayor Hammett suggested the problems might best be solved by making the area a Redevelopment Agency project. After further discussion, on motion by Councilwoman Smallwood, seconded by Councilman Raciti, Ordinance' Ordinance 77-39 77-39, being AN ORDINANCE. OF THE CITY COUNCIL OF First Reading THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LAND IN THE GENERAL LOCATION BETWEEN PLACENTIA AND,POMONA AVENUES, AND HAMILTON AND WEST NINETEENTH STREETS, FROM Cl, R3 -CP, AND R4 -CP TO R2 -CP AND R3 -CP, was given first reading and passed to second reading by the.following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: Hammett ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-77-07 set for the public hearing, continued from the meet- ing of June 20, 1977, to consider Rezone Petition R-77-07, Costa Mesa Planning Commission, for permis- sion to rezone property located at 1974-1978 (even numbers), 2014 and 2030 Maple Avenue, from R4 to R3 -CP; and for property located at 1990-2002 (even numbers) Maple Avenue, 2005, 2025 Charle Street, from R4 to R2 -CP. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, Ordinance 77-40, being AN ORDINANCE OF Ordinance 77-40 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- First Reading FORMA, CHANGING THE ZONING OF A PORTION OF LOTS 18 AND 19, FAIRVIEW FARMS, FROM R4 TO R2 -CP AND R3 -CP, was given first reading and passed to second read- ing by the following roll call vote: 2300 AYES: Council -Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: Hammett ABSENT: Council Members: None Public Hearing' The Clerk announced that this was the time and place Condominium set for the public hearing, continued from the meet - Conversions and ing of June 20, 1977, to consider a proposed New Construction ordinance governing the conversion,of apartments to condominiums and the construction -of new condominium projects. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. John Getten, 15012-H Red Hill Avenue,- venue,,Tustin, 'Tustin,spoke concerning the minimum size -of patios specified by the ordinance which -could result in upper floor patios jutting out of a structure creat- ing an unsightly -appearance. After discussion, it was agreed that all possible variables could not be anticipated within the ordinance, but that such exceptions could be provided for by use of a variance when the Conditional Use Permit for the structure is obtained. After further -discussion, subsections within Section 13-828 of the ordinance were changed to read as follows: Subsection B to read, "Building separation shall be designed to provide adequate light, air, and privacy, but shall in no case be less than ten feet;" Subsection D (1) to add: "Alterna- tive designs which accomplish the same purpose may be approved by the Planning Commission;" .and Subsec- tion E (2) to read: "Private Open Space - An adjoining private patio shall be provided for each unit with no dimension less than ten feet." On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood; Or.dinanca:77741;_'_b.eing AN ORDINANCE Ordinance 77-41 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMEND - First Reading ING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE ADDING -- PROVISIONS FOR THE REGULATION OF PROPOSED CONDOMIN- IUMS.AND CONDOMINIUM CONVERSIONS OF RESIDENTIAL PROPERTY, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Recess The Mayor declared a -recess at 8:30 p.m. and the meeting reconvened at 8:35 p.m. Public Hearing The Clerk announced that this was the time and place Final EIR for set for the public hearing, continued from the -meet - GP -77-2B ing of July 18, 1977, concerning the Final Environ- mental Impact Report for proposed General Plan Amendment GP -77-2B, and a rezone at the southwest corner of Sunflower Avenue and Bear Street. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended that the EIR be accepted. Councilman Raciti cited.a possible con- flict of interest as Director of the South Coast National Bank and therefore declined to vote on this item as well as the next item concerning GP -77-2B. The Planning Department cited increased traffic and inherent with commercial use for this property, _noise based on information furnished by -the subject report. Richard Schmidt, Director of Environmental Planning for Envista, Incorporated, who prepared the subject report, was present to answer questions from the , Council and concerned citizens. Henry Roberts, Jr., 351 Las Palmas Drive, Fullerton, expressed his disagreement with the Planning Department's inter- pretation of the Environmental Impact Report. There being no other speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Councilman Raciti abstaining, the Environmental Impact Report was accepted as meeting the requirements of the law. Public Hearing The Clerk announced that this was the time and place GP=77=2B set for the public hearing, continued from the meet - Roberts ing of July 18, 1977, to consider General Plan Amendment GP -77-2B, Henry Roberts, Jr., 351 Las Denied Palmas Drive, Fullerton, for permission to amend the land use designation for 4.6 acres of vacant land at the southwest corner of Bear Street and Sunflower Avenue, from Medium Density Residential to General Commercial. The Affidavit of Publication is on file in the Clerk's office. The Planning Commission recommended denial of the. request. The Planning Department concurred, and recommended retaining Bear Street as a natural barrier between residential and commercial, and encouraging -commercial development along Bristol Street. Jack Griffith, 2481 Ridgepark Lane, Orange, an associate of Mr. Roberts, spoke in favor of the request stating that he had shown a model of the proposed commercial usage to homeowners in the immediate vicinity, and presented to the Clerk communications in favor of the request from Mrs. Robert 0. Day, 922 Azalea Drive, Costa Mesa; and Ronald L. Jamieson, 860 Village Creek, Costa Mesa. A statement in favor of the proposed project signed by nine residents on Carnation Avenue and Azalea Drive was also presented by Mr. Griffith. Howard Lowe, 3430 Timberlake,.Costa Mesa,.Chairman of the Board of the Village Creek Homeowners Association, read a letter.from that association in favor of the request. Henry Roberts, Jr., was present and spoke in favor of the request in a lenghty presentation which included slides illustrating the tasteful usage of landscaping and open space as a natural barrier separating commercial and residential. Trevor Rise, 911 Cunningham Drive, Whittier, photographer of the slides presented earlier, spoke in favor of the proposed commercial usage. Speaking in opposition was Paul Diehl, 1092 Santa Cruz Circle, Costa Mesa. There being no -other -speakers, the Mayor closed the -public hearing. After -,discussion, Mayor Hertzog stated she felt this item should be acted upon at a later date. After further discussion, on motion by Councilwoman Smallwood, seconded by Councilman McFar- land, and carried, Mayor Hertzog voting no and Councilman Raciti abstaining, the request was denied. At this time, Mr. Roberts'again addressed the Council requesting that tapes of the meeting be retained until the matter is completely settled. Public Hearing The Clerk announced that this was the time and place R-77-22 set for the public hearing for Rezone Petition R-77-22, Costa Mesa Planning.Commission, for permission to rezone property located at 324 Victoria Street, from R2 -CP to R3 -CP, and property located at 332 Victoria Street, from R2 -CP and R3 -CP to R4 -CP, in conformance with Specific Plan SP -76-01. Environmental Deter- mination: Environmental Impact Report for SP -76-01 which was accepted by Council on April 19, 1976. The Affidavit of Publication is on file in the Clerk's office. No.communications have been received. The -Planning Commission recommended approval. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Council - Ordinance 77-42 woman Smallwood, Ordinance 77-42, being AN ORDINANCE First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF A PORTION OF LOTS 61, 62, AND 63, TRACT 57, FROM R2 -CP AND R3 -CP TO R3 -CP AND R4 -CP, was given first reading and passed to second reading by the following roll call vote: AYES:. Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-77-23 set for the public hearing for Rezone Petition R-77- 23, Costa Mesa Planning Commission, for permission to rezone property located at 2276 College Avenue, from C2 to R2 -CP, in conformance 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. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, Ordinance 77-43 seconded by Councilman McFarland, Ordinance 77-43, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 19, TRACT 57, FROM C2 TO R2 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Proposed Amendment set for the public hearing to consider a proposed to Title 13 ordinance amending Title 13 of the Costa Mesa Muni- cipal Code, adopting additional development standards and revised processing procedures for the R2, R3, R4, R2 -CP, R3 -CP, and R4 -CP -multiple -family residential districts. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Councilman McFarland requested that the Planning Department advise Council.of future changes needed in.this ordinance as required by the community, and questioned the likelihood of the landscaping requirements in the ordinance being enforceable. After discussion, on motion by Councilman McFarland, Ordinance 77-44 seconded by Councilwoman Smallwood, Ordinance 77-44, First Reading being -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE ADOPTING ADDITIONAL DEVELOPMENT STANDARDS AND REVISED PROCESSING PROCEDURES FOR THE R2, R3, R4, R2 -CP, R3 -CP, AND R4 -CP MULTIPLE FAMILY RESIDENTIAL DISTRICTS, was.given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Proposed set for the public hearing to consider the proposed Abandonment abandonment of a portion of Bear Street between South on Bear Street Coast Drive and the San Diego Freeway. Environmental Determination: Exempt. The Affidavits of Posting and Publication.are on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Resolution 77-97 Councilman McFarland, Resolution 77-97, being A Ordering RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF COSTA Abandonment MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF BEAR STREET BETWEEN'SOUTH COAST DRIVE AND THE SAN DIEGO FREEWAY, was adopted by the following roll call vote: Councilmanic Councilman Raciti requested that Bid Item 358, Comments which was awarded to Crocker National Bank at the meeting of June 20, 1977,'be reconsidered at this time due to a possible conflict of interest on his part. On motion by Councilman Raciti, seconded by Councilman McFarland, and carried, the request was approved. Bid Item 358 On motion -by Vice Mayor Hammett, seconded by City Banking. Councilman McFarland, the contract for Bid item Services 358, City Banking Services, for a five-year period, was awarded to Crocker National Bank, by the follow - Vote Changed ing roll call vote: AYES: Council.Memb.ers: Hertzog, Hammett, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Raciti Adjournment At 9:55 p.m., the meeting was adjourned to executive session in the first floor Conference Room. There was no action taken at the executive session, and the Mayor adjourned the meeting at 11:00 -p.m. a or of the City of o Mesa ATTEST: (_ ;1_4 x[.l G City Clerk of the City of Co a Mesa 1 AYES: Council Members: Hertzog, Hammett, McFarland, Smallwood NOES: Council Members: Raciti ABSENT: Council Members: None -Trailer Permit The City Clerk presented a request from Narmco - Narmco Materials, Incorporated, 600 Victoria Street, Costa Mesa, for a temporary_ office trailer at the above Denied location for a period of one to two years. The Planning Department recommended denial. The appli- cant was not present. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the request was denied. Councilmanic Councilman Raciti requested that Bid Item 358, Comments which was awarded to Crocker National Bank at the meeting of June 20, 1977,'be reconsidered at this time due to a possible conflict of interest on his part. On motion by Councilman Raciti, seconded by Councilman McFarland, and carried, the request was approved. Bid Item 358 On motion -by Vice Mayor Hammett, seconded by City Banking. Councilman McFarland, the contract for Bid item Services 358, City Banking Services, for a five-year period, was awarded to Crocker National Bank, by the follow - Vote Changed ing roll call vote: AYES: Council.Memb.ers: Hertzog, Hammett, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Raciti Adjournment At 9:55 p.m., the meeting was adjourned to executive session in the first floor Conference Room. There was no action taken at the executive session, and the Mayor adjourned the meeting at 11:00 -p.m. a or of the City of o Mesa ATTEST: (_ ;1_4 x[.l G City Clerk of the City of Co a Mesa 1