HomeMy WebLinkAbout09/06/1977 - City CouncilGeorgLa asked for a copy cif:
Report on when they made the
City Attorney's -position a
fulltime position. I
(may be between 72 & 82.)
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
September 6, 1977
The City Council of the City of Costa Mesa met in
regular session at 6:30 p.m., September 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 Arlie C. Starn, Huntington Beach
Church of God.
Roll'Call Council Members Present: Hertzog, Hammett, Raciti,
McFarland, Smallwood
Council Members Absent: None
Officials Present.: City Manager, Acting City
Attorney, Director of Public
Services/City Engineer,
Director of Planning, Deputy
City Clerk.
Minutes On motion by Councilman McFarland, seconded by Mayor
August 15, 1977 Hertzog, and carried, the minutes of the regular
meeting of August 15, 1977, were approved as dis-
tributed and posted as there were no corrections.
Gene A. Robens On motion by Vice Mayor Hammett, seconded by Council -
Commended man Raciti, Resolution 77-108, being A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF COSTA MESA RECOGNIZ-
Resolution 77-108 ING THE EFFORTS.OF GENE A. ROBENS; COLONEL, U.S.A.
(RETIRED) IN OBTAINING APPROVAL AND CONSTRUCTION OF
ROUTE 73 BEING THE CORONA DEL MAR FREEWAY; RECOGNIZ-
ING -HIS LONG SERVICE AS GENERAL MANAGER OF SOUTH
COAST PLAZA; AND WISHING HIM WELL, was adopted by
the following roll call vote:
AYES: Council•Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Wilson Park On motion by Mayor Hertzog, seconded:by Councilman
Named McFarland, Resolution 77-109, being A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI-
Resolution 77-109 FORNIA, NAMING WILSON STREET PARK IN HONOR OF ROBERT
M. WILSON, was adopted by the following roll call
vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Mr. Wilson was present to express his gratitude for
this honor and the choice of this particular park
which is across the street from the location where
most of the work concerning the incorporation of the
City had taken place.
Appointment of On motion by Councilman Raciti, seconded by Council -
Members to man McFarland, and carried, Jorge Alvarez was
Community appointed as a voting member of the Community
Development Development Committee, with Tom Schworer, Sally
Committee Velie, Alice Fisher, Yvonne Bagstad, and B. Lothair
Green.appointed as alternates; all.terms to be for
two years and expiring September 6, 1979. The Mayor
requested that all of the new members attend the next
Community Development Committee meeting on September
13, 1977.
Ordinances On motion by Councilman McFarland, seconded by
Councilwoman Smallwood, and carried, all ordinances
will be read by title only.
CONSENT CALENDAR. The following item was removed
from the Consent Calendar: Item 7,-a request from
American Savings and Loan for a two=year extension
of a temporary trailer permit.
On motion by Councilwoman Smallwood, seconded by
Councilman McFarland, the r"emaining'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: Larry Hein;
William Joseph Cordi; Attorney David G. Bran-
don on behalf of Polly Lee Long; and Attorney
B. Haddon -on -behalf of Patricia M. Crosby.
A. B. 1852 A resolution from the City. of San Diego relative
Nuclear Power to Assembly Bill 1852; an act..to.repeal Section
Plants 25524.1 of the -Public -Resources Code relating
to nuclear power plants.
Financial A resolution from the City of Villa Park urging
Responsibility enactment of legislation requiring proof of
of Drivers financial responsibility prior to issuance of
vehicle registration. Resolution 77-104, stat-
ing Council's position on this matter, was
adopted at the.meeting of August 15, 1977.
Public Utilities Notice of Resetting Hearing, Application 57232,
Commission in the matter of the application of Southern
California,Gas Company to increase revenues to
.offset the -impact on revenue requirements of
long-term storage pursuant to a proposed Sub-
section (o) Gas Storage Adjustment (GSA) to
Southern California Gas -Company's Rule No. 2,
changing the date from September 20, to
October 25, 1977, at 10:00 a.m., at 107 South
Broadway, Los Angeles.
Regional Park A letter from the Mayor of the City of Cypress
Study Committee requesting support of Councilwoman Sonju as
representative to the-Orange.County Regional
Park Study Committee.
Vice Presidency - A letter from the Mayor of the City of Cypress
League of Cities requesting support of Alice McClain in the
election for 1st Vice President of the Orange
County League of Cities.
Recreational A.letter.from-Frieda and Hans. Cook, 895 Capital
Vehicle Parking -Street, regarding recreational vehicles parked
on.the street and on front lawns.
1
1
1
19
Alcoholic Alcoholic Beverage License applications for
Beverage which parking has been approved by Planning,
Licenses from: Arthur F. Logan, doing business as
High Tide, 727 West 19th Street; Irma and
Vicente Sarmiento, doing business at 841
West 19th Street; and Rico J. Marsella, do -
End - ing business as Sammy's Hole in the Wall,
Reading Folder 1518 Baker Street.
Business Permits Notice of Intention to Solicit for Charitable Purpose
from Leukemia Society of America, 9778 Katella Avenue,
Leukemia Society Anaheim, by door-to-door solicitation, September 15
through 30, 1977, was approved with application of
Section 9-234J of the Costa Mesa Municipal Code.
Girl Scouts Notice of Intention to Solicit for Charitable Purpose
from the Girl Scout Council of Orange County, 1620
Adams Avenue, Costa Mesa, by sale of calendars, Octo-
ber 28 to November 30, 1977, and sale of cookies,
February 24 to March 5, 1978, was approved with
application of Section 9-234J of the Costa Mesa Muni-
cipal Code.
Fairview Family Notice of Intention to Solicit for Charitable Purpose
and Friends from Fairview Family and -Friends, Incorporated, 2501
Harbor Boulevard, Costa Mesa, by direct mail solici-
tation and personal contact with parents at meetings,
from September 5 through December 31, 1977, was
approved with application of Section 9-234J of the
Costa Mesa Municipal Code.
United Cerebral Notice of Intention to Solicit for Charitable Purpose
Palsy from United Cerebral Palsy, 3020 West.Harvard Street,
Santa Ana, by pick-up of usable household items, was
approved with application of Section 9-234J of the
Costa Mesa Municipal:Code, for.the period September 5
through December 31, 1977.
Alisio's South A_request from Alisio's South, 1670 Newport Boulevard,
Costa Mesa, for a dance permit, was approved subject
to one condition of the Finance Department.
Set for Public The following items were set for public hearing on
Hearing September 19, 1977, at 6:30 p.m., in the Council
Chambers of City Hall:
R-77-24 Rezone Petition R-77-24, Costa Mesa City
Council, for permission to rezone property
located between 1820 and 1842 (even numbers)
Park Avenue, and 533 and 541 (odd numbers)
Center Street, from C2 to R4 -CP, in
conformance with the Central Area Plan.
Environmental Determination: Environmental
Impact Report accepted by Council July 5,
1977.
R-77-26 Rezone Petition R-77-26, Costa Mesa City
Council, for permission to rezone property
located between 562 and 596 (even numbers)
Plumer Street, from Cl and R2 to R2 -CP, in
conformance with the Central Area Plan.
Environmental Determination: Negative
Declaration.
R-77-27 Rezone Petition R-77-27, Costa Mesa City
Council, for permission to rezone property
located between1738and 1744 (even numbers)
Anaheim Avenue, from C2 to CL, and to rezone
the vacant parcel east of 1758 and 1762
Anaheim Avenue,'and 565 and 567 West 18th
Street, from C2 to R2 -CP, in conformance
eu, ffc o
with the Central.Area Plan. Environmental
Determination: Negative Declaration.
R-77-28 Rezone Petition R-77-28, Costa Mesa City
Council, for permissionto rezone property
located between 1721 and 1733 (odd numbers)
Fullerton Avenue, 160, 170, 182, 186, and
192 Wells Place, 167 and 175 Cabrillo
Street, and 1727 and 1731 -Orange Avenue,
from C2 to CL, in conformance with'the
Central Area Plan. Environmental Determin-
ation: Negative Declaration.
R-77-29 Rezone Petition R-77-29, Costa Mesa City
Council, for permission to rezone property
located at 1755, 1763 and 1765 Orange Avenue,
from AP to CL, and property located at 171,
179, 181, 189, and 193 - 18th Street, 1775 to
1797 (odd numbers) Orange Avenue, and 170 to
186 (even and odd numbers) Rochester Street,
from AP to R2 -CP, in conformance with the
Central Area -Plan. Environmental Determina-
tion: Negative Declaration.
R-77-30 Rezone Petition R-77-30, Costa Mesa City
Council, for permission to rezone property
located at 1814 Fullerton.Avenue, from AP to
R2 -CP, and 1831 Orange Avenue, from AP to
R3 -CP, in.conforman.ce with the Central Area
Plan. Environmental Determination: Negative
Declaration.
R-77-31 Rezone Petition R -77 -31,. -Costa Mesa City
Council, for permission to rezone property
located from 112 to 120 (even numbers) 18th --
Street, and 124 and 125 Broadway, from Cl and
C2 to CL, and property located at 115 to 147
(odd numbers) Flower Street, 126 to 137
Broadway, -118 to 137'Magnolia Street, 132,
134, and -138 - 18th Street,. and 1831 Fuller-
ton Avenue,'from Cl to R2 -CP, in conformance
with the Central Area Plan. Environmental
Determination: Negative Declaration.'
R-77-32 Rezone Petition -R-77-32, Costa Mesa City
Council, for permission to. rezone property
located at 123 and:127 East 18th Street, the
vacant parcel west of 123 East 18th Street,
130, 136, and'117 to 135 (odd numbers)
Rochester Street, and 114 to..140 (even num-
bers) Cabrillo Street, from Cl, C1 -CP, C2,
and C2 -CP to CL, in conformance with the
Central Area Plan. Environmental Determina-
tion: Negative Declaration.
R-77-33 Rezone Petition R-77-33, Costa Mesa City
Council, for permission to rezone property
located at 1703 Superior Avenue and 1711
Anaheim Avenue, from C2 and MG to C2 -CP, in
conformance with the Central Area Plan.
Environmental Determiniation: Negative
Declaration.
R-77-34 Rezone Petition R-77-34, Costa Mesa City
Council, for permission to rezone property
located on the west side of .Church Street,
excluding.114 and 120 - 19th Street, from
C2 to R2 -CP', in conformance,with the General
Plan:. Environmental Determination: Nega-
tive -Declaration.
Underground
Formation of Underground Utility District
Utility District
No. 11 on Baker Street, from Randolph Avenue
No. 11
to the Corona del Mar Freeway.
Refunds
On recommendation by-the Director of Leisure Services,
refunds of $15.00 each to: Victoria Kelly, 2736
Kelly - Fischer -
Mendoza Drive, Costa Mesa; Karen Fischer, 2351 Orchid
Spalione -
Hill Place, Santa Ana; Holly Spalione, 1151 Charleston
Ferguson - Moore
Street, Costa Mesa; Linda Ferguson, 322 Princeton
Drive, Costa Mesa; and Colleen Moore., 208 Princeton
'Drive, Costa Mesa, representing return of fees for
an equestrian class that was cancelled, were approved
by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Kudelka
On recommendation by the Director of Finance, a refund
of $10.00 to D. Kudelka, 2562 Fairway Drive, Costa
Mesa, on dog license Transaction No. 4616, was approved
by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Fortner
On recommendation by the Director of Finance, a refund
of $10.00 to Ruby B. Fortner, 425 Fair Drive, Costa
Mesa, on dog license Transaction No. 1172, representing
a duplicate payment, was approved by the following roll
call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
_
NOES: Council.Members: None
ABSENT: Council.Members: None
St. Clair
On recommendation by the Director of Finance, a refund
of $18.00 to William L. St. Clair, Pioneer Barber Shop,
2340-A Newport Boulevard, Costa Mesa, on Business
License No. 2975, as business was.sold prior to July 1,
1977, was approved by the following roll call vote:
AYES: Council.Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Kemp/Vikki's
On recommendation by the Director of Finance, a refund
Lounge
of $35.00 to Maureen M. Kemp, Vikki's Lounge, 1791-1/2
Newport Boulevard, 'Costa Mesa, on Business License
No. 1589, representing'a duplicate.payment, was
approved by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council. Members: None
ABSENT: Council Members: None
Bell Brand
On recommendation by the Director of Finance, refund
Foods
of $15.00 to Bell Brand Foods, Incorporated, Post
Office Box 2402, Terminal Annex, Los Angeles, on Busi-
ness License Transaction No. 4994, representing the
deletion of one delivery route, was approved by the
following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Z. 2111-41 1
"C" McGee
On recommendation.by the Director of Finance, refund
Electric
of $36.00 to "C" McGee Electric,.Incorporated, 2390
South Reservoir, ,Pomona, on Business License Trans-
action No. 4018, as duplicate payment.was made, was
approved -by the following roll call vote:
AYES: Council Members:, Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Allied Computer
On recommendation,by the Director.of Finance, a refund
Stores
of $35.00,to Allied Computer Stores., Incorporated,
1200 West Hillsdale Boulevard, San Mateo, on Business
License No. 13656, due to closure of 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
Harbor Rest
On recommendation by the Director, of Finance, a refund
Memorial Park
of $60.00 to Harbor Rest Memorial -Park, 1625 Gisler
-Avenue, Costa Mesa, on Business License No. 2532, paid
in error, was approved by the following roll call vote:
AYES: Council Members:- Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Quist and Hayes
On recommendation by the Director.of..Building Safety,
a refund of $7.65 to Quist and Hayes,.Incorporated,
3185-J Airway Avenue,:Suite I,.Costa Mesa, on
Mechanical Permit No. 13891, as duplicate permit was
purchased, was approved by the following roll call
vote:
AYES: Council -Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Blue Ribbon
On recommendation by the .Directo.r-of.Building Safety,
Pools
a refund.of $34..00 to Blue Ribbon Pools, 9732 Meldar
Avenue, Downey, on Building'Permit No. 43044, due to
cancellation of project at 610 Danube, was approved
by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Carlsen
On recommendation by the Director of. Building Safety,
a refund of $85.00 to Peggy Carlsen, 2218 Puente
Avenue, Costa Mesa, on Building Permit No. 43643, due
to cancellation of the project at the.above address,
was approved by�the following -roll call vote:
AYES: Council'Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Claim - Falk
On motion by Councilwoman Smallwood., seconded by
Denied
Councilman McFarland, and carried, the claim of Mary
M. Falk wasdenied.
Claim'- Carl
On .motion by Councilwoman Smallwood, seconded by
Denied
Councilman McFarland, and carried., the claim of
Barbara Carl was denied.
1
1
1
a Is
3
Claim - Flores
On motion by Councilwoman:Smallwood, seconded by
Denied
Councilman McFarland, and carried, the claim of
Marie C. Flores was denied.
Addendum to
On motion by Councilwoman Smallwood, seconded by
Agreement -
Councilman McFarland, Addendum Number One to the
Victoria Street
Victoria Street Widening and Water Main Improve -
Improvements
ment agreement, was approved, and .the Mayor and
Clerk authorized to sign on behalf of the City,
by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT:. Council Members: None
Agreement -
On motion by Councilwoman Smallwood, seconded by
County of Orange
Councilman McFarland, renewal of an -agreement with
the County of Orange for services for a Juvenile
Juvenile Diversion
Diversion/Treatment Program entitled "Comprehensive
Program
Youth Diversion Program", extending the agreement
until September 30, 1978, 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
Conference
On motion by Councilwoman Smallwood, seconded by
Advance
Councilman McFarland, a Conference Advance for a
police officer to attend Smith/Wesson Armorer's
School in Springfield, Massachusetts, September 24
through October 7, 1977, was approved in the amount
of $380.00, by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Notice of
Street Improvements on Harla Avenue have been com-
Completion
pleted by E. A. Reed, 7 Viejo, Irvine, to the
Improvements
satisfaction of the Director of Public Services.
on Harla Avenue
On motion by Councilwoman Smallwood, seconded by
Councilman McFarland, the work was .accepted, the
Clerk was authorized to file a Notice of Completion,
and the bonds were ordered exonerated 35 days after
the Notice of Completion has been filed, by the
following roll call vote:
AYES: Council Members_: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Superior Avenue
On motion by Councilwoman Smallwood, seconded by
Widening
Councilman McFarland, Arterial Highway Financing
AHFP 924
Program agreement between the City and the County
of Orange, for the Superior Avenue widening, between
_.
17th Street and the southerly City limits, AHFP
Project 924, 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
0t:
Final Map for
Final Map for Tract.9952, Bayview -Terrace Company,
Tract 9952
developer., 18321 Ventura Boulevard, Suite 800,
Tarzana; one lot, 228_acres for condominium purposes,
located at 2549 Irvine Avenue; with Subdivision
Agreement, was. presented. On motion by Councilwoman
Smallwood, seconded by Councilman McFarland, Final
Map for Tract 9952, with Subdivison Agreement, was
approved; the Council did'also approve'subject map
pursuant to the provisions. of Section 66436(c)(1) of
the Subdivision`Map-Act, and the Mayor and Clerk —
were authorized to sign said documents 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
Tract 9559
The improvements in Tract 9559 have been completed
Balalis and
by Balalis and Pigneri Development Company, 2005 West
Pigneri
Balboa Boulevard, Newport Beach, to the satisfaction
of the .Director of Public Services. On motion by
Councilwoman:Smallwood, seconded by -Councilman McFar-
land, the.work.was accepted, and a cash deposit in
the amount of $3,600.00 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
ZE-76-164
A request was presented from Bear_.Street Limited I,
Bear Street
1801 Century Park East,.Suite 1808, Los Angeles, to
Limited I
substitute bonds-in.lieu of the cash deposit placed -
with the City in:connection with the improvements
for ZE-76-164, located on the north side of Bear
Street, west of the Corona del Mar Freeway. On
motion by Councilwoman Smallwood, seconded by
Councilman. McFarland,.the bonds were accepted and
cash deposit No. CSR 17868 in the amount of
$18,175.00 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
Bus Shelter
On-motion.by Councilwoman -Smallwood, seconded by
at Old City
Councilman.McFarland,.Resolution 77-110, being A
Hall Site -
RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF COSTA,
19th Street
MESA, CALIFORNIA, DECLARING A PORTION OF THE OLD
CITY HALL SITE TO BE THE LOCATION OF A PUBLIC BUS
Resolution 77-110
SHELTER;.AUTHORIZING THE RECORDING'OF SAID RESOLU-
-TION AND DECLARING -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
Construction -of Bids.received for the Construction of Canyon Storm
Canyon Storm Drain from Victoria Street -to Wilson Street, are on
Drain file in the Clerk's office. On motion by Council-
woman Smallwood, seconded by Councilman McFarland,
Awarded the contract was awarded to Thompson -Lee, Incorpor-
Thompson-Lee ated, 15211 Coronado, Anaheim, in the amount of
$144,239.00, being the lowest bid meeting specifi-
cations, by the following roll call vote:
a ac C--
"3r"e5. .
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Street Lighting Authorization was requested for construction of
on Victoria street lighting on Victoria Street from the Santa
Street Ana River to Canyon Drive, by Southern California
Edison Company, Post Office Box 111, Huntington
Edison Company Beach, sole source vendor. On.motion by Council -
Sole Source woman•Smallwood, seconded by Councilman McFarland,
the request was approved, in. the amount of $3,658.50,
by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Communications Authorization was requested to purchase various
Equipment communications equipment compatible to the Orange
County communications system, from Motorola Commun-
Motorola ications and Electronics, Incorporated, 2041 Business
Communications Center Drive, Irvine, in the amount of $54,800.00,
Sole Source sole source vendor. On motion by Councilwoman Small-
wood, seconded by Councilman McFarland, 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
Roberti-Z'berg On motion by Councilwoman.Smallwood, seconded by
Open Space Councilman McFarland, Resolution 77-111, being A
Program - Canyons RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
Park MESA, CALIFORNIA, APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -
Resolution 77-111 SPACE AND RECREATION PROGRAM, was adopted by the
following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Trailer Permit Item 7 on the Consent Calendar, a request from J. A.
American Savings Catapano, American Savings and Loan Association,
and Loan 9465 Wilshire Boulevard, Beverly Hills, for a two-
year.extension of a permit for a temporary office
trailer located at 825 Sunflower Avenue, was pre-
sented. Mr. Catapano was present and stated that
the construction of their building was expected to
begin in 1977. After discussion, on motion by
Councilwoman Smallwood, seconded by Councilman
McFarland, and carried, the permit was extended for
one year with the option that a request for another
extension may be made at the end of that time.
R-77-06 The Clerk announced that this was the time and
place set for the public hearing, continued from the
meeting of August 15, 1977, -to consider Rezone Peti-
tion R-77-06, Costa Mesa Planning Commission, for
permission to rezone property located at 1920-22
Wallace Avenue, from Cl 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
A
1
(odd numbers), 700-771 20.th 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.. Robert..Tillotson, 768
West 20th Street, expressed opposition to the down -
zoning of his property stating -that -:the setback for
the widening of'Palace Avenue comes to the middle of
his -property, and requested assistance in determining
the best method of development for his'.lots. Discus-
sion -followed regarding the future widening of Palace
Avenue, and Mr. Tillotson was advised that the Plan-
ning Department would assist him in finding a solution
to his problem. Alan Adams, developer of the property
at 1926 Wallace Avenue, also spoke in opposition to the
proposed rezone, and explained his plan to build 11
units with underground parking. Gary Culp, 711 West
20th Street, presented a folder with photographs and a
statement requesting that the Council zone his property
R3. Carol McFarland, representing Andy Mayo, owner of
the property at 765 Hamilton Street,.. addressed the
Council with regard to the consistency of the proposed
R2 zoning with the General Plan, and was assured that,
the zoning would be. consistent.. Jan Ryan, Quail Place
Properties, Incorporated, 1200 Quail.Place, Newport
Beach, appeared before Council -representing Mr. Nourse,
developer of the Mayo property, and spoke in favor of
retaining the R4 zoning. Donald Berman spoke'in favor
of homogenity in the area through consolidation of lots,
but felt that the proposed zoning.on_Mr. Mayo's property
would isolate this lot and prevent suitable development.
During the discussion which followed, it -was generally
felt that the proposed zoning was the best solution to
the density problems developing.in.this area. Vice
Mayor Hammett, however, agreed..with Mr. Berman -and felt
that the ordinance did,not sufficiently cover all the
circumstances and particular problems of the persons
involved. After further discussion, on motion by
Councilwoman Smallwood, seconded by -Councilman Raciti,
Ordinance 77-39
Ordinance 77-39, being AN ORDINANCE OF THE CITY COUNCIL
Adopted
OF THE CITY OF'COSTA MESA, CALIFORNIA, CHANGING THE
ZONING OF LAND IN THE GENERAL LOCATION OF 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 second'reading and adopted by the following
roll call vote:
AYES: Council Members: Her.tzog, Raciti,
McFarland, Smallwood
NOES: Council Members: Hammett
ABSENT: Council Members: None
Vice Mayor
Vice Mayor Hammett left the meeting at 8:00 p.m.
Hammett Leaves
Recess
The Mayor declared a recess at 8:00 p.m., and the
meeting reconvened at 8:05 p.m.
Final Development
The Clerk presented for second reading and adoption,
Plan - Gregory
Ordinance 77-45, concerning the Final Development
Plan, in connection with ZE-77-117A, for James H.
Gregory, 3187 Airway Avenue, Costa Mesa. Jeff Keating,
2082 Valley Road, representing the Marina Highlands
Homeowners Association, asked questions about the
aesthetics of'this'development, and..also.wanted to know
if there was the.possibility thatthe subject property
would be purchased by the City for park purposes. It
was indicated that -the -Coastal Commission had also
raised the latter question. The applicant was present
and responded to various questions about the develop-
ment. After further discussion, Councilman McFarland
A
1
addressed the question of.the City.purchasing the
subject property and stated that at no time has the
City considered purchasing the property for a park or
open space, and-subject.to this clarification, made
a�motion, seconded by Councilwoman Smallwood, that
Ordinance 77=45
Ordinance 77-45, being AN ORDINANCE OF THE CITY COUNCIL
'Adopted
OF THE CITY'OF COSTA MESA, CALIFORNIA, CONCERNING THE
FINAL DEVELOPMENT.PLAN OF JAMES.H. GREGORY, FOR THE
DEVELOOMENT LOCATED SOUTR OF SEA BLUFF DRIVE AT CANYON
DRIVE, be given second reading and adopted. The motion
carried by the following roll call vote:
AYES: Council Members: Hertzog, Raciti,
McFarland, Smallwood
NOES: Council Members: None
ABSENT: Council Members: Hammett
Conflict of
On motion by Councilwoman Smallwood, seconded by
Interest Code
Councilman Raciti, Ordinance 77-46, being AN ORDINANCE
OF THE CITY -COUNCIL OF THE CITY OF COSTA MESA, ADOPT -
Ordinance 77-46
ING A CONFLICT OF INTEREST CODE AS REQUIRED BY THE
Adopted. -
POLITICAL REFORM ACT OF 1974; ESTABLISHING CERTAIN
DESIGNATED EMPLOYEES-AND.OFFICIALS REQUIRED TO REPORT
FINANCIAL INTERESTS: ESTABLISHING REPORTING CATEGORIES,
AND STATING REASONS THEREFOR', was given second reading
and adopted by the following roll call vote:
AYES: Council Members: Hertzog, Raciti,
McFarland, Smallwood
NOES: Council Members: None
ABSENT: Council Members: Hammett
Warrant
On motion by Councilman McFarland, seconded by Council -
Resolution 1001
man Raciti, Warrant Resolution 1001, including Payroll
7717, was approved by the -following -roll call vote:
AYES: Council Members: Hertzog, Raciti,
McFarland, Smallwood
NOES: Council -Members: None
ABSENT: Council Members: Hammett
Warrant
On motion by Councilman Raciti, seconded by Council -
Resolution 1002
woman Smallwood, Warrant Resolution 1002 was approved
by the following roll call vote:
AYES: Council Members: Hertzog, Raciti,
McFarland, Smallwood
NOES: Council Members: None
ABSENT: Council Members: Hammett
Warrant
On motion by Councilman McFarland, seconded by Council -
Resolution 1003
man Raciti, Warrant Resolution -1003. was approved -by the
following roll call vote:
AYES: Council Members: Hertzog, Raciti,
McFarland, Smallwood
NOES: Council Members: None
ABSENT: Council.Members: Hammett
Addendum
The City Manager presented the third addendum to the
Agreement _ Green
original agreement with Harry S. Green, Incorporated,
and subsequent amendments thereto,.for improvements to
Golf and Country
the clubhouse at the Costa Mesa Golf and Country Club,
Club
at a total cost to the City not to exceed $21,000.00.
Councilman McFarland expressed disagreement regarding
the financing for reimbursement of the proposed
improvements. On motion.by Councilman Raciti, seconded
by Councilwoman Smallwood, the agreement was approved
as presented, by the following roll call vote:
AYES: Council Members: Hertzog, Raciti,
Smallwood
NOES: Council Members: McFarland
ABSENT: Council Members: Hammett
NIMLO'Law Suit
The City Manager presented a._request for City partici-
ZE-77-155
for the appeal hearing to consider Zone Exception
pation in a law suit sponsored by the National
ZE-77-155,.Irene M. Spicer, 14300 Buena Street,
Institute of Municipal Law Officers to challenge the
Denied
massage parlor_in,.a Cl zone located at 1525 Mesa Verde
Federal Unemployment Compensation Amendments of 1976,
Drive: Environmental Determination: Exempt. Affi-
Public Law 94-566 (H.R.-10210) effective October 20,
in the Clerk's office. The Planning Commission denied
1976, mandating that States..adopt a law providing
this application on August --8, 1977. Attorney Bruce E.
for the -.extension of the .Federal Unemployment
senting the applicant, requested that the Council find:
Compensation Act -to all State and local government
that exceptional circumstances exist which would
employees, with.some.minor exceptions,.and recommended
circumstances being that there is no zone in the City
that the City join in this action at a cost of
$5,000.00. On motion by Councilwoman Smallwood,
that would. -permit this usage as a matter of right;
seconded by Councilman.McFarland, the recommendation
with the surrounding property; and that the subject
was approved by the following -'roll call vote:
use would not be detrimental to the subject property.
AYES: Council.Member.s: -Hertzog, Raciti,
McFarland, Smallwood
NOES: Council Members: None
ABSENT: Council Members: Hammett
Productivity
The City Manager presented a proposal to conduct a
Study - Kapner
productivity study.and implementation of a total work
Proposal
management system in the Leisure Services Department.
Councilman.Raciti expressed his -desire to discuss
this matter further in Council study session with the
possibility of inviting bids for the parkways mainte-
nance from interested companies. On motion by
Councilwoman Smallwood, seconded by Councilman McFar-
land, the proposal was approved and.authorization
given to the City Manager to enter into a contract
with Kapner/Wolfberg and Associates, 13455 Ventura
Boulevard, Sherman Oaks, at a cost.of $65,000.00, by
the following roll call vote:,
AYES: Council Members: Hertzog, McFarland,
Smallwood
NOES: Council Members: Raciti
ABSENT: Council Members: Hammett
Request for
The City Manager presented a request from the Citizens
Recycling Center
to Recycle Usable Discards (CRUD) to allow construc-
- CRUD
tion and operation of a recycling center in a portion
of the parking lot of the old City Hall site at 695
Denied
West 19th Street. Denial of the request was recom-
mended based on incompatibility with existing
structures. On motion by Councilman Raciti, seconded
by Councilman McFarland, and carried, Vice Mayor
Hammett absent, the request was denied.
,S , election of The City Manager presented a.xequest for authorization
Architect for to begin the .process for selection of . an architect for
Community the Costa Mesa.Community,Center. On motion by
Center Councilwoman Smallwood, seconded by Mayor Hertzog, and
carried, Vice Mayor Hammett absent, authorization was
given to proceed with the selection process.
Appeal Hearing
The Clerk announced that this was the time and place
ZE-77-155
for the appeal hearing to consider Zone Exception
Spicer
ZE-77-155,.Irene M. Spicer, 14300 Buena Street,
Space 106, Garden Grove, for permission to operate a
Denied
massage parlor_in,.a Cl zone located at 1525 Mesa Verde
Drive: Environmental Determination: Exempt. Affi-
davits of Publishing,.Posting, and Mailing are:on file
in the Clerk's office. The Planning Commission denied
this application on August --8, 1977. Attorney Bruce E.
Grubaugh,- 231 West Wilshire Avenue, Fullerton, repre-
senting the applicant, requested that the Council find:
that exceptional circumstances exist which would
require the issuance of a Zone Exception Permit, such
circumstances being that there is no zone in the City
that would. -permit this usage as a matter of right;
that the subject use would be substantially compatible
with the surrounding property; and that the subject
use would not be detrimental to the subject property.
M,
The.Deputy City Attorneypointed out that since the
list of permitted.uses in a Cl zone does not include
massage parlors,.in order to approve.a Variance, it
must be proven that.,the.proposed use is substantially
compatible with uses permit.ted...in the same general
area, and -would not.be'detrimental.toother properties
in the area. After discussion,.on motion by Council-
woman Smallwood, seconded.by Councilman Raciti, and
carried, the decision of --the Planning.Commission was
upheld, and the.request.for. Zone.Exception ZE-77-155
was denied, based on the finding that:the use proposed
is substantailly incompatible with the permitted uses
in a C1 zone.
Trailer.Permit
A request from Ronald.Martin.and Associates, lncorpor-
Ronald Martin
ated, 1895 Newport Boulevard, Costa:Mesa, to locate a
and Associates
temporary.trailer, at.the.above. address., for a period
Police
of.one year,. was presented. The Planning and Building
Denied
Safety departments recommended denial. Councilman
McParland requested permission to.abstain from voting
Tabled
on this matter due to a possible.conflict of interest.
Oral
Richard King, Director.of.Planning for.Ronald Martin
Communications
and Associates, was present to answer questions from
the Council and.sta.ted their intent to move their
entire facility as _soon -as another. -suitable location
can be found. After discussion, -on, -motion by Council-
woman Smallwood, 'seconded.by Councilman Raciti, and
carried, Councilman McParland abstaining and Slice Mayor
.Hammett absent, the request was denied.
.Request to
Appeal
ZE-76-212
O'Connor
Hearing Set
.Tentative Parcel
Map 5-.77-20
St. Clair
Hearing Set
A request to appeal the Planning Commission's decision
regarding payment.of park fees forthe project at 1961
Anaheim Avenue and'1962 Meyer.Place, approved under
ZE-76-212, was received from Johnny,L. O'Connor, 359
22nd Street, Costa Mesa. Mr. O'Connor related that
information he had received -from the Planning Department
led him to believe. -that the increase in.park fees would
not apply to his project... After discussion, on motion
by Councilwoman Smallwood, seconded -by Councilman Raciti,
-.and carried, Vice Mayor Hammett absent, the request was
approved, and a public hearing was set for September 19,
197.7, at 6:30 p.m.
A:request.from Councilwoman -..Smallwood to .review Tenta-
tive Parcel'Map..S-77-20, William and: Susan St. Clair,
for property located at 1976 Orange;Avenue, was pre-
sented.. Councilwoman Smallwood stated that a member of
the Planning Commission had:requested..direction.from
the Council as. to .how lots of this type are to be
handled in the future, and therefore:f eft the Council
should review this application and.make...recommendation
to the Planning Commission.. On motion.by Mayor Hertzog,
seconded by Councilman McFarland,. and.carried, slice
Mayor Hammett absent,.a public hearing was set for
September 19, 1977, at 6:30 p.m.
Appeal of An
The Clerk presented a request from:.-the:Costa Mesa
Administrative
Police Association to appeal. -an administrative decision
Decision by
as it relates to Rule 25.of.the:Personnel Rules and
Police
Regulations, which defines Management -Employees. As
Association
there were no representatives from the Association
present, the City Manager recommended that this item
Tabled
be tabled and no action taken at this time.
Oral
Gary Ries, 735 Joann Street, Apartment 6, Costa Mesa,
Communications
addressed the Council.with..regard to the removal of the
crosswalkon the north.side of Harbor Boulevard at
Victoria Street. The City Engineer explained that the
present cycle for the traffic signals necessitated
removal of the crosswalks at various areas of heavy
vehicular travel to insure optimum flow of traffic,
and maximum safety for pedestrians.
330
Jack Eddens, 735 -Joann Street.,.Apartznent.6, Costa mesa,
commented -on the difficulty of reading.street signs in
some residential,areas. The.City Engineer was directed
to.investigate,the.area east.of Newport Boulevard, in
this. regard.. Councilmari..Raciti. asked that Mr. Eddens
notify, the. City. Engineer of any such signs encountered
in the future and also.suggested that. the painting of
house numberson curbs would.be..a`worthwhile project
for.an interested agency.
Councilmanic. Mayor Hertzog presented..a request to the community to
Comments make a concerted effort to spruce�up:the residential
areas of the City.. She part-icularly:cited -various
types of debrisapparent-in-many-:,residential areas,.
but also included.the storing of.recreational vehicles
and boats on driveways,_lawns,. and..City streets, and
urged citizens'to participate in improving the commun-
ity's'appearance before the City's 25th birthday in
June, 1978.
Adjournment At 10:15 p.m., the Mayor adjourned the meeting to the
first floor Conference.Room.in Executive Session. The
meeting reconvened at.11:12-p.m.,: and on motion by
Councilwoman Smallwood, seconded.by Councilman McFar-
land,,,and_ carried, 'Slice Mayor..Hammett.:absent, Robert
C. Campagna.was appointe&.as.City Attorney.
At 11:13 p.m., the.Mayor adjourned the meeting to an
Executive Session on September 12, .1977, at 4:00 p.m.,
in the .fifth floor. Conference. Room: of City Hall.
Xaor of `the City of t esa
ATTEST:
Cit Clerk of the City of Costa M