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HomeMy WebLinkAbout10/03/1977 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 3, 1977 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., October 3, 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 Elsie M. Jorgenson, Brentwood Chapel. Council Members Present: Hertzog, Hammett, Raciti, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Public Services/ City Engineer, Director of Planning, City Clerk Minutes On motion by Councilman McFarland, seconded by Council - September 19 woman Smallwood, and carried, the minutes of the and 21, 1977 regular meeting of September 19, 1977, and the adjourned regular meeting of September 21, 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. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 15, Final Map for Tract No. 9901. On motion by Councilman Raciti, seconded by Councilman 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 Crossing Guard A letter from Richard and Lynn Grond, 3093 Yukon at Bear Street Avenue, Costa Mesa, urging provision of a crossing School guard at the Bear Street School intersection, was referred to the Traffic Commission. 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: Patricia L. Brass (a minor) and Toni M. Brass (mother); Clifford Rogers on behalf of Brenda Rogers (a minor); Mrs. Diana Cortina on behalf of Federico Cortina and Diana Cortina (both minors); Attorney Richard M. Shack on behalf of Laurie Elaine Casey; State Farm Insurance Com- pany on behalf of Peter Herkert; Attorney David W. Graf on behalf of James and Joan Scott; Attorney Per H. Trebler on behalf of William E. Manrow III and Dorothy D. Johnson; and Alfred W. Painter. Request for A letter from David Leighton,Vice President, Bingo Halecrest Park, Incorporated,,. 3107 Killybrooke Lane, Costa Mesa, requesting permission to conduct bingo games at the Halo -crest Club. Local Agency Notice of public hearing to be held by the Local Formation Agency'Formation Commission on September 28, Commission 1977, in Room 503, Orange County Administration Building, Santa Ana, on the proposed annexation to the -City of Newport Beach, designated Field Trust Annexation No. 85. Motor Vehicle A resolution from the Orange County Board of Noise Emission Supervisors regarding Motor Vehicle Noise Emission Control. Licensing of A resolution from the City of E1 Cajon support - Essential Power ing reform of State laws pertaining to licensing Projects of essential'power projects. Public Utilities, Notice from the Public Utilities Commission of Commission removal from its calendar, Application No. 57232 from Southern California Gas Company. Notice of a proposed rate change from the Southern California Gas Company, effective October 1, 1977. Notice of Filing of Application No. 57578, in the matter of application by Southern California Gas Company for authorization.to: (1) increase rates for gas service..to offset the costs asso- ciated with 1978 Voluntary Load Reduction Plan, (2) establish a conservation adjustment account, and (3) implement major customer incentive programs. Alcoholic Beverage Alcoholic Beverage licenseapplication for which License parking has been approved,.by.Planning, from: Rico J. Marsella, doing business as Sammy's Hole End - Reading Folder in the Wall, 1518 Baker Street. Business Permits A Notice of Intention to Solicit for Charitable Purpose from Costa Mesa High School Band Boosters, 2650 Fair Costa Mesa view Road, Costa -Mesa, by door-to-door sale of "Goblin Band Boosters Clean-up Insurance", October 21-23, 1977, was approved with application of Section 9 -234J -of the Costd.Mesa Municipal Code. Cancer Society- A Notice of Intention to Solicit for Charitable Purpose from the American Cancer Society, 4030 Birch Street, No. 101, Newport Beach, by a one -day Bike-A-Thon, September 24, 1977, was ratified. Set for Public Certificate of Public Convenience and Necessity for Hearing Bruce W. Herren, Doctors Ambulance Service, 105 South Prospect Avenue, Tustin, was set for public hearing Doctors Ambulance on November 7, 1977, at 6:30 p.m. Refunds On recommendation by the Director.of Leisure Services, a refund of.$150.00 to the American Red Cross, for a Red Cross golf tournament which was 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 Robertson On recommendation by the Director .of Finance, a refund of $36.00 to Harry M. Robertson, 6707 East Florence Avenue, Bell Gardens, on Business License 13957, as duplicate payment was made, was approved by the follow- ing roll call vote: 1 AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Gilman Company On recommendation by the Director of Finance, a refund of'$12.50 to Gilman.Company, 1710 Pomona Avenue, Costa Mesa, on Business License Transaction 175, as dupli- cate 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 Great American On recommendation by the -Director of Finance, a refund Printing of $50.00 to Great American Printing Company, 3190 Airport Loop Drive, No. C2, Costa Mesa, on Business License 1138, as business was -closed, 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 - Hein On motion by -Councilman Raciti, seconded by Councilman Denied McFarland, and carried, the claim of Larry Hein was denied. Bid Item 363 Bids received for Bid Item 363, for the Furnishing Fertilizer and Spreading of 55 Tons of Fertilizer, for the Golf Course Maintenance Division, and Parks Maintenance Awarded =Division, are on file in the Clerk's office. On Robinson motion by Councilman Raciti, seconded by Councilman Fertilizer McFarland, the bid was awarded..to Robinson Fertilizer Company, Incorporated, 119 North Olive Street, Orange, 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 Bid Item 366 Bids received.for Bid Item.366, for the Furnishing Thermoplastic of One Thermoplastic Melter, Hand Applicator, and Melter, Hand_ Trailer, are on file in the Clerk's office. On Applicator, and motion by Councilman Raciti, seconded by Councilman Trailer McFarland, and carried, all -bids were rejected and Bids Rejected this item will be rebid at a later date. Tract 6860 - The improvements in connection with Tract 6860, Fishbeck located at 955 Paularino Avenue, have been com- pleted by Kenneth Fishbeck, developer, 1665 East 19th Street, Suite G, Santa Ana; to the satisfac- tion of the Director of Public Services. On motion by Councilman Raciti, seconded.by Councilman McFar- land, the work was accepted, and the Monument Bond 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 - An agreement with.the Newport Chapter -of the National National Charity_-- Charity League, for acquisition.of 1.,797.2 square feet League of. land for the 19th Street widening project, was presented. The -agreement stipulates the payment of 19th Street $12;200.00 for the property, and,for escrow to termi- Widening nate as soon as possible.._On mot.ion.by Councilman Raciti, seconded by Councilman McFarland, :the agreement was approved, and the Mayor and Clerk -authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council. Members: None Final Map for On motion by Councilman Raciti, .seconded .by Councilman Tract 9902 - McFarland, Final Map and Subdivision Agreement for Nourse Tract 9902, Nourse Development Company, 901 Dover Development Drive, Suite 110, Newport Beach; two -lot subdivision for condominium purposes; 1.386 acres located at 2252-2556 Elden Avenue, were approved, and the Council did accept on behalf of the City of Costa Mesa the dedication of a public utility and sidewalk easement as dedicated, and did also approve said map pursuant to the provisions of Section 66436(C)(1) of the Sub- division 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 Continuous Offer On motion by Councilman Raciti, seconded by Councilman to Dedicate - - McFarland; Resolution 77-119, being A RESOLUTION OF Superior Avenue THE CITY COUNCIL OF THE CITY OF COSTA MESA., CALIFORNIA, ACCEPTING A CONTINUOUS OFFER TO DEDICATE CERTAIN REAL McClellan PROPERTY, was adopted and ordered placed on record with the County Recorder, by the following roll call Resolution 77-119 vote: AYES: Council -Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Conference On motion by Councilman Raciti,. seconded by Councilman Advance . McFarland, a Conference Advance for the City Manager to at International City Managers Association Conference in Atlanta, Georgia, -October 29 through November 3, 1977, was approved in the amount of $300.00, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council..Members: None Final Map for Item 15 on the Consent Calendar, Final Map for Tract Tract 9901 - 9901, was presented. Harald Weiss, 3453 Fuchsia Foley Construction Street, Costa Mesa, addressed.the.Council and pre- sented written requests for changes.in the proposed development as`follows:, (1) that a grading plan be adopted which.does-not require the raising of land by 18 inches along the property line; (2) that no two-story house be allowed to face a one-story house along Fuchsia Street; and (3) that backyards be made to face backyards so as to create a buffer zone. During the discussion which followed, it was pointed out that the subject development does meet all City codes and building regulations, and -that two-story structures are permitted. Dick Kaupp"-, 3001 Red Hill Avenue, Costa Mesa, Engineer/Designer for the project, was questioned as to the possibility.of the suggested changes to the grading and.placement of houses on the lots. Mr. Kaupp responded that the grading had been planned to meet City drainage requirements, and further that the proposed placement of homes was intended to provide the, greatest amoun.t.of privacy for the adjacent residences.. After further discussion, on motion by Councilwoman Smallwood, seconded by Council- man McFarland, Final Map and Subdivision Agreement for Tract 9901, Foley Construction Company, 17341 Irvine Avenue, Tustin, developer; 50 lots and Lots A, B, and C, and 10.27 acres, located at the southeast corner of Sunflower Avenue and Smalley Road, were approved, and the Council did accept on behalf of the public the dedication for street purposes of: Secretariat Circle, Damascus Circle, Venetian Drive, and Lot "A", and did also accept on behalf of the City of Costa Mesa: (1) the -3.00 -foot public utility easements as dedicated, (2) Lots "B" and "C" for landscaping purposes as dedicated, (3) easements for storm drain purposes as dedicated, (4) all vehicular access rights to Sun- flower Avenue as dedicated, and (5) -all vehicular access rights to -Smalley Road as dedicated, and 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 docu- ments 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 R-77-24 On motion by Vice Mayor Hammett,,.seconded by Council.- woman ouncil-woman Smallwood., Ordinance 77-47, being AN ORDINANCE Ordinance 77-47 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Adopted FORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 18 AND 19 OF BLOCK C, TRACT 18, FROM -C2 TO R4 -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-77-26 On motion by Councilman McFarland, seconded by Council- man Raciti, Ordinance 77-48, being.AN.ORDINANCE OF THE Ordinance 77-48 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF PORTIONS OF LOTS 11, A, B, C, 109 AND 12, OF TRACT 74, FROM Cl -AND R2 TO R2 -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-77-27 On motion by Councilman Raciti, seconded by Council- woman Smallwood., Ordinance 77-49, being AN ORDINANCE Ordinance 77-49 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Adopted FORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 24 AND 29 OF TRACT 18 FROM C2 TO CL AND R2 -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-77-28 On motion by Councilwoman Smallwood, seconded by. Councilman Raciti, Ordinance 77-50, being AN ORDINANCE Ordinance 77-50 OF THE CITY COUNCIL OF THE CITY`OF.COSTA MESA, CALI- Adopted FORNIA, CHANGING THE`ZONING OF LOTS 11, 12, 15,16, 17, 27, 28, 29,_30, 35, 36, AND -37, TRACT 1113, FROM C2 TO CL, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood NOES: Council Members: McFarland ABSENT:Council Members: None R-77-29 On motion by Councilman McFarland,.seconded-by Council- man Raciti,-Ordinance 77-51, being AN ORDINANCE OF THE Ordinance 77-51 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF PORTIONS OF'NEWPORT HEIGHTS TRACT AND TRACT 442, FROM'AP TO CL AND R2 -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-77-30 On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, Ordinance 77-52,.being AN ORDINANCE Ordinance 77-52 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Adopted FORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 11 AND 12, TRACT 377, AND LOT 132, NEWPORT.HEIGHTS, FROM AP TO R2 -CP AND 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-77-31 On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, Ordinance 77-53, being AN ORDINANCE Ordinance 77-53 OF THE CITY COUNCIL OF THE CITY OF=COSTA MESA, CALI- Adopted FORNIA, CHANGIW THE ZONING OF PORTIONS OF HARPER TRACT AND TRACT 847, FROM Cl AND C2 TO R2 -CP AND CL, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood NOES: Council Members: None ABSENT: Council'Members: None ABSTAINING: Council Members: McFarland R-77-32 On motion by Councilman Raciti,seconded by Councilman McFarland, Ordinance 77-54, being AN�ORDINANCE OF THE Ordinance 77-54 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF PORTIONS OF,.TRACTS 279, 337, AND NEWPORT HEIGHTS, FROM Cl, C1-CP,::C2, AND C2 -CP TO CL, was given second reading and adopted by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 R-77-33 On motion by Councilwoman.Smallwood, seconded by Councilman McFarland",'Ordinance 77-55, being AN Ordinance 77-55 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA,CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 408, ' NEWPORT MESA` TRACT.., FROM C2 AND MG TO C2 -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-77-34 On motion by Councilman McFarland, seconded by Council- man Raciti, Ordinance 77-56, being AN ORDINANCE OF THE Ordinance 77-56 CITY COUNCIL -OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF TRACTS 1086 AND PORTIONS OF NEWPORT HEIGHTS, FROM C2 TO R2 -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 Warrant On motion by Vice Mayor Hammett, seconded by Council - Resolution 1006 woman Smallwood, Warrant Resolution 1006, including Payroll 7719, 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 Councilwoman Smallwood, seconded by Vice Resolution 1007 Mayor Hammett, Warrant Resolution 1007 was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Memorandum of The City Manager presented a Memorandum of Understand - Understanding ing between representatives of the City of Costa Mesa and the Costa Mesa City Employees' Association, Maintenance Unit, covering salary adjustments, City contributions to medical/dental coverage, retirement plan changes, and conditions of employment which shall apply to the Maintenance Unit employees for the next two years. Attorney James Harker, 505 North Tustin Avenue, Santa Ana, was present representing the Asso- ciation and urged the Council to adopt the Memorandum of Understanding by resolution, thereby to cause the effect of a binding contract. Vice Mayor Hammett expressed his opinion that the City has always acted in good faith.under the Meet and Confer process and will continue to do so in the future, and therefore feels that further formality is unnecessary. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the Memorandum of Understanding was received and filed. Employees The City Manager presented a proposed resolution to Salaries implement salary'adjustments for maintenance employees, technical/professional employees, and clerical employees. The salary increases range from 6.25 per- cent to 8.75 percent for regular employees. On motion by Councilwoman Smallwood, seconded by Councilman Resolution 77-120 Raciti, Resolution 77-120, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING Retirement Plan Recess to Executive Session Executive Salaries Resolution 77-121 THE.BASIC PAY,SCHEDULE,-ESTABLISHING,RATES OF PAY FOR-CLASSIFICATIONS`:•AND._EMPLO`YEES.P.LACED UNDER THE BASIC PAY SCHEDULE; AND.'ESTABLISHING RATES OF PAY FOR'CLASSIFICATIONS'AND:EMPLOYEES::NOT PLACED UNDER THE..BASIC PAY SCHEDULE, was adopted'by:'the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council.Members: None ABSENT: Co.uncil:.Members: None On motion by Councilwoman Smallwood,;seconded by Mayor Hertzog, and carried, the City Manager was authorized to begin the necessary steps to -contract for the Public Employees Retirement System for Nonsafety Employees for a date of implementation on or before July 1, 1978. If the Public Employees Retirement System is not adopted, for reasons. -other than cost, .the current City Retirement Plan will add the follow- ..ing features for 'nonsafety.,members on or before July .2, 1978: (a) reciprocity with P.E.R.S „ (b) final. average earnings;,will.be,regular..earnings over the highest; 12 months:, -(c) provide service credit for unused, sick leave; `:on the basis .of .176 hours of unused sick leave -e.quals-one.month,: (d) :as. of July 1, .1979, provide, continuax%ce..crf one-half retiree's monthly benefit to, the;.eligible, and qualif:ie.d,dependent with no_ modification. `tci..;xetir.ee'.9.,normal:,monthly benefit. It, ls., also under,s;t�aod.. that, , the . equivalent of provi- sio.ns, a, b, c,_:and"d will be..incorporated into P..E.R.S. if adopted. At 7:25 p.m -,.the Mayor declared'a recess to Executive Session to discuss personnel matters.,.and the meeting reconvened at 71:4.0 p.m.- The .m.- The City Manager..presented.a resolution to implement salary adjustments,for executive personnel with increases ranging from 7.50 percent to 0.00 percent for Division Heads, and 10.00 percent to 0.00 percent for Department Heads. The City Manager also recom- mended approval of a $150.00 automobile allowance or provision of an automobile for all Department Heads. On motion by Councilwoman Smallwood, seconded by Councilman.McFarland, the'City Manager's recommenda- tion was -approved, and.Resolution 77-121, being A RESOLUT.ION.OF THE:CITY COUNCIL OF THE CITY OF COSTA MESA;CALIFORNIA,,ESTABLISHING.•RATES OF PAY FOR EXE- CUTIVE.PERSONNEL', was adopted by the'following roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council. Members: None ABSENT: Council Members: None Agreement - The City Manager presented.an agreement between the Orange County City of.Costa Mesa and -the Orange County Fair Housing Fair Housing Council, to -provide -for services related to housing Council needs -under Federal and"State laws, at a cost of $5,000.00. On -motion by -Councilwoman Smallwood, seconded by Mayor..Hertzog, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City,.by the following roll call vote: AYES: Council Members.:. Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: CouncilMembers: None ABSENT:. Council'Members: None MI Appeal.'Hearing - The Clerk announced that.this was the -time and place Wallantine set.for the appeal hearing.of Zone -Exception ZE-77- ZE-77-170 170, Roger-Wallantine, 1733 Westcliff Drive, Newport Beach, for variances to encroach into the required side setback, to reduce the required maneuvering distance behind the garage,.and:to allow substandard parking stall width in order to add a new garage and a new unit to an existing residence, in an R2 zone located at 2097 Orange Avenue. Environmental Determination: Exempt. The Affidavits of Publish- ing, Posting, and Mailing are on file in the Clerk's office. No.communications have -been received. The Planning Commission recommended'denial of the request based on the findings that maneuvering radius and circulation of the parking spaces is -incompatible .with multi -family units of this nature, and felt that the plan is inadequate. The Planning Director ad- vised the Council that the original application had been revised so that the only variance being requested is a reduction in the required maneuvering distance behind the garage. Also, the applicant has further' reworked the plan since the Planning Commission hear - Ing, so that the reduction requested is now only five- inches. The applicant was present to answer questions from the Council. There being no other speakers, the Mayor closed.the.public hearing. After discussion, on motion by Vice.Mayor Hammett, seconded by Councilman McFarland, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved as modified, subject to conditions as recommended by . staff. Appeal Hearing - The Clerk announced that this was the time and place Carney set for the appeal.hearing of Zone Exception ZE-77- ZE-77-177 177, Tom Carney, 502 Kings Road, Newport Beach, for variances to allow 6.7 percent density deviation Denied (2,800 square feet per unit), and to encroach into the required rear.setba.ck to add two units to an existing residence, in an R2 zone located at 252 Palmer Street. Environmental Determination: Exempt. The Affidavits of Publishing,;Posting, and Mailing are on file in the Clerk's office. Letters in opposition to the request have been.received from the following Costa Mesa residents: Donald Stine, 234 Palmer Street; Henry M. Ramsey, 244 East 15th Street; Harry Geiser, 237 Palmer Street; Mr. and Mrs. David White, 247 Knox Street; and Paul Wright,.256 Knox Street. The Planning Commission recommended denial based on the finding that after dedication, the density deviation.is_far.-in excess.of that whichshould be allowed for the area. The applicant was not present. Henry Ramsey, 244 East 15th Street, and'Peter Schmidt, 242 Palmer Street, spoke in opposition to the request for reasons of excessive density. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Council upheld the Planning Commission's denial of the request. Vice Mayor Vice Mayor Hammett left the meeting briefly at 8:00 p.m. Hammett Leaves and therefore did not participate in voting on the next item. Appeal Hearing - The Clerk announced that this was the time and place Hansen_ set for the appeal hearing of Zone Exception ZE-77- ZE-77-179 179, Kirby Hansen, 337 Ramona Place, Costa Mesa, for variances from the required driveway width and Denied maneuvering distance to construct a garage in conjunc- tion with -an existing residence, in -an Rl zone located at the above address. Environmental Determination: Exempt. The Affidavits of Publishing, Posting, and Mailing -are -on file in -the Clerk'..s. office. A letter in opposition to the'request has been received from Raymond A. Roussel, 341 -Ramona Place, Costa Mesa. The Planning Commission recommended denial based on the finding that the proposed.driveway creates extremely difficult access problems, with possibil- ity of damage to vehicles, fencing, and the dwelling structure. The applicant was not present. There being no speakers;, the Mayor closed the public hear- ing. After dis'cu'ssion, on motion'by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Vice Mayor Hammett absent, the Council up- held the Planning Commission's decision in denying the request. ' Vice Mayor Vice Mayor Hammett returned to the Council table at Hammett Returns 8:05 p.m. Appeal Hearing - The Clerk announced that this -was the time and place Dowd set for the appeal hearing of Zone Exception ZE-77- ZE-77-187 187, Thomas W. Dowd, 2532-C Orange Avenue, Costa Mesa, for variances to reduce the required driveway width, and to allow'a 10 percent density deviation (2,700.35 square feet per unit) to.construct seven apartment'units in an R2 zone, located at 2548 Orange Avenue. Environmental Determination: Nega- tive Declaration.' The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office.' Communications in support..of the request have'been received' -from the following Costa Mesa residents: Mr, and Mrs. T. V. Dowd, 2532 Orange Avenue; John Scruggs, Jr., 2537 Orange Avenue; Leroy Sutherland,,2448 Elden Avenue;,Leonard Haynes, 2450 Elden Avenue; Ella Post, 2547 -,Orange Avenue; and Joseph Zimmer, 2431 Orange Avenue. Addition- ally, a letter,containing:10 signatures of residents in the 2500 block of'Orange Avenue, in support of the request, has been received. The Planning Commission recommended denial of the request.based on the find- ing'that the density deviation is. excessive. The Director of Planning advised the Council that the architect is revising the plans in order to maintain a 20 -foot width along the length of the driveway, thereby eliminating the requested variance for a reduction in driveway width. Brion Jeannette, architect for the,project, was present to confirm these points and to add that.27 feet of maneuvering distance would-be maintained -behind the parking spaces. Councilman Raciti expressed concern that the property is being over -built. Councilman McFar- land expressed his opinion that.density deviations should only -be -granted when strong justification exists and a better project is to be gained, especi- ally in light of -the fact that development standards are now applied to all new construction. Council- woman Smallwood expressed her opinion that since Council has.not as yet established a policy on the 10 percent density deviation; it would be unfair to deny this request. There being no other speakers, the Mayor closed the public hearing: On motion by Councilwoman Smallwood,seconded by Councilman McFarland, and carried, Councilman'Raciti voting no, the Negative Declaration -of Environmental Impact was accepted as meeting the requirements -of the law. On further motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, Councilmen McFarland and Raeiti voting no;_ the application was approved subject to conditions recommended by staff. Councilwoman. Councilwoman Smaliwood'lef t'the meeting briefly at Smallwood Leaves 8:.20 p..m. and therefore -did -not participate in the vote on the next item. 1 1 Appeal Hearing - The,appeal.of Zone Exception ZE-7.7-190, Robert M. Thompson for Thompson, Fleet Marine Services,. 2622 Newport Boule- Fleet. Marine -vard, Newport Beach, for a variance from the required ZE-77-190 parking for an existing bar, to allow use of a portion of the property as,a boat sales facility with a Condi- Held Over tional Use Permit for outdoor storage,. and a variance from the requir--ed landscaping,.in a C2 zone located at 1970-1984 Newport.:Boulevard.,.was presented. On motion by Councilman McFarland, seconded by Councilman Raciti, and carried, Councilwoman Smallwood absent, this item was-continued'to the meeting of November 21, 1977, at the request of the applicant. Councilwoman Councilwoman Smallwood returned to the Council table at Smallwood Returns 8:25 p.m. Appeal Hearing - The Clerk announced that this was the time and place Roberts set for the appeal hearing of Rezone Petition R-77-35, R-77-35 Henry Roberts, Jr., representing Phillips, Hutton, et al, for permission to rezone property south of Sun - Denied flower Avenue and west of Bear Street, from Al to PDR -MD, into conformance with the General Plan. Mr. Roberts is appealing the Planning Commission's deci- sion to delay further action on this matter until January 23, 1978, pending preparation of a Specific Plan for the property. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office. No communications have been received. The applicant was present and spoke in support of the request urging the Council to direct that the matter go forward. During the discussion which followed, the Council expressed regret that the applicant is being delayed, but stressed the need for adequate planning in development of this property. There being no other.Ispeakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Council upheld the Planning Commission's decision in contin- uing this matter.until a Specific Plan is prepared. Public Hearing The Clerk announced that this was the..time and place Final Development set for the public hearing to consider the Final Plan - Smith Development Plan in connection with ZE-77-136A, Dana Properties West Smith, Properties West, 508 - 29th Street, Newport Beach, to construct 54 single-family detached homes with private recreation facilities,. located north of Salinas Avenue and west of Santa Clara Avenue, in a PDR -LD zone. Environmental Determination: Environ- mental Impact Report accepted by Council on November 15, 1976. Also presented in conjunction with this item was Tentative. Map of Tract 9866, Dana Smith as Tentative Map authorized agent for the Newport -Mesa Unified School of Tract 9866 District, PostiOffice Box 1368, Newport Beach, for a 57 -lot subdivision. The Affidavit -of .Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recom- mended approval of the plan subject to conditions. Mike Robinson of the Planning staff described the project and stated that the Final Development Plan is in substantial conformance withtheapproved Prelimi- nary Development Plan and is.recommended for approval with the inclusion of .certain mitigating measures which have been added to the conditions. Robert Carly of Raub, Bein, and Frost, was present representing the applicant and agreed to the conditions and mitigating measures. Mr. Carly also indicated that the developer is willing to provide a landscaped berm around the perimeter of the park and providemaintenance until such time as the park is dedicated to the City, and he is willing to include this in the conditions. There Vice Mayor Hammett expressed appreciation to the Assistant City Manager for a noise report on the motorcycle races at the Orange County Fairgrounds. Mayor Hertzog discussed the subject of density devia- tions and made a motion, seconded..by Councilwoman Smallwood; and carried, to.the.effect that staff is Staff Directions directed to enforce the development standards and -to Given - Density inform -applicants. -on all new projects -introduced as Deviations of this date, that density deviations will not be approved on thesame basis they have in the past., but will require strong.justifications that unusual or exceptionalcircumstances exist. !-j 1 1 being .no other :speakers.,, the...Mayor closed. the public hearing. On motion."by•Vi'ce Mayor Hammett; seconded by Councilman McFarland, the additional landscaping provision,will be.added,ty the conditions. On motion by Vice Mayor Hammett, seeonded...by.Councilwoman Smallwood; subject to the_for.egoing amendment and.all conditions including those.of the -Fire Department, Ordinance 77-57 Ordinance 77-57, being AN.ORDINANCE OF THE CITY First Reading COUNCIL OF THE'CITY OF COSTA MESA:, CALIFORNIA, CON- CERNING.THE ADOPTION OF THE FINAL -DEVELOPMENT PLAN OF DANA SMITH -.PROPERTIES WEST, FOR'THE PLANNED DEVELOP- MENT LOCATED NORTH OF SALINAS AVENUE AND WEST OF SANTA CLARA AVENUE, 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 further motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, Tentative Map of Tract 9866 was approved, subject -to all conditions recommended.by:..the,Planning Commission. Public Hearing The Clerk announced that this was the time and place R-77-25 set for -the public,..hear.ing of Rezone Petition R-77- 25, Costa Mesa•City Council,.for permission to rezone property bounded-by.Park Avenue,.Center Street, Plumer Street, and.Anaheim Avenue,.from R2 and C2 to I and -R, into.conformance with the Central Area Plan. Environmental.Determination: Environmental Impact Report accepted:by.Council on April 4, 1977. 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 hear- ing. On motion..by:Councilwoman Smallwood, seconded Ordinance 77-58 by Councilman Raciti, Ordinance 77-58, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF. THE CITY OF COSTA MESA,.CALIFORNIA, CHANGING THE ZONING OF LOTS 1 THROUGH 24, TRACT 692, FROM R2.AND_C2 TO I AND R. was given first -reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council.Members: None ABSENT: Council Members: None Oral Barry Williams asked for clarification with.respect Communications to the Council.'s policy on the 10.percent density deviations. Mr. Williams was.advised that this item will be discussed under Councilmanic Comments. Councilmanic Councilman McFarland commented briefly on the finan- Comments tial investment involved in the -Tract Maps approved earlier in the meeting. Vice Mayor Hammett expressed appreciation to the Assistant City Manager for a noise report on the motorcycle races at the Orange County Fairgrounds. Mayor Hertzog discussed the subject of density devia- tions and made a motion, seconded..by Councilwoman Smallwood; and carried, to.the.effect that staff is Staff Directions directed to enforce the development standards and -to Given - Density inform -applicants. -on all new projects -introduced as Deviations of this date, that density deviations will not be approved on thesame basis they have in the past., but will require strong.justifications that unusual or exceptionalcircumstances exist. !-j 1 1 .Friends of Mayor Hertzog presented. a request from Friends of the Library the Library for use of Lions Park -for a book sale October 22, 1977, from 9:00 a.m. to 3:00 p.m. On motion.by Councilman McFarland, seconded by Councilman Raciti,.and carried,.the request was approved subject to conditions of the Leisure Ser- vices Department.. Af ter.discussion, a motion was made by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, to reconsider the previous motion. The City Manager suggested that it might not be advisable to allow commercial sales in a public park, and felt that the paved parking -lot adjacent to the Library might be a more appropriate location. After discussion, on motion by Mayor Hertzog, seconded by Vice Mayor Hammett, and car- ried, Councilman Raciti voting no, the request for use of Lions Park was denied, and the Council recommended that the book sale be relocated to the parking lot of the Library. Adjournment The Mayor declared the meeting adjourned to an to -Executive Executive Session at 9:10 p.m., and the meeting Session reconvened at 9:40 p.m. The letter of Michael McLaughlin's resignation from the Costa Mesa Redevelopment Agency was presented. On motion by Vice Mayor Hammett, seconded by Councilman McFar- land, and carried, Michael McLaughlin's resignation was accepted, and Lou Kidder was appointed to the Redevelopment Agency for a term of four years, and Don Tompkins was appointed to fill the unexpired term, ending June 30, 1918, of Michael McLaughlin. Adjournment The Mayor adjourned themeeting at 9:45 p.m. 1 ATTEST: . _� Z_� � � zel� - May r of the City of esa p� City Clerk of the City of Coto Mesa 1