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HomeMy WebLinkAbout10/17/1977 - City CouncilREGULAR.MEETING,.OF THE CITY COUNCIL CITY OF COSTA MESA October 17, 1977 The City Council of the City of.Costa Mesa met in regular sess.ion.at 6:30 p.m., October 17, 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 Alle- giance to the Flag, and Invocation by the Reverend Robert J. Ross, Orange Coast -'Unitarian 'Universalist Church. Roll Call 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 Vice Mayor Hammett,seconded by Council - October 3, 1977 man McFarland, and carried, the minutes of the regular meeting of October 3, 1977; were approved as distrib- uted 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 items were removed from the Consent Calendar: Item 7, General Plan Amendment GP -77-3B; Item 8, General Plan Amendment GP -77-3C; Item 10, General Plan Amendment GP -77-3E; Item 11, General Plan Amendment GP -77-3F; Item 23, refund request from Enrique Gutierrez; Item:28b, purchase of thermoplastic traffic line material; and Item 28c, pur- = chase of 1976 Ford sedan. On motion by Councilman McFarland, seconded by Council- man Raciti, 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 Cable A letter from Howard Lane, 1107 Salinas Avenue, Costa Television Mesa, urging Council to review their decision concern- ing cable television, was received and processed. Fossil Fuel A letter from the City of Newport Beach opposing the Plants location of fossil fuel plants in the coastal area, and expressing their,support of the development of electrical generating plants powered by atomic energy, was received and processed. Redistribution A resolution from the City of Yorba:Linda supporting of Sales Tax the redistribution'.of-'sales tax revenues on a "fair Revenues share" basis.,.was,presented; and Council went on record inopposition to said proposal. Reading Folder The following Reading Folder items.,. -in the Consent Calendar, were received and processed: Claim The following claim was received by the City Clerk and no action is required: Thomas C. Dietsch. Annual City Routine evaluation from the Orange County Health Jail Inspection Officer concerning inspection of the City Jail facilities. Public Utilities. Notice of filing application with the Public Commission Utilities Commission for an increase in rates by Southern California Edison Company. Pacific Gas and Electric Company requests the Public Utilities Commission's authorization to increase electric and gas rates to offset costs. Notice of Hearing from the Public Utilities Commission, Application No. 57573, in the matter of Southern California Gas Company, to increase revenues to offset changed gas costs under its approved PGA procedures resulting from adjust- ments in the price of natural gas. Notice from Public Utilities Commission ordering dismissal of Application No. 57232 from Southern California Gas Company. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning, Licenses from:. Ann Marie and Gary Knox Powell, doing business as Sargent Pepper's Pub, 177 East 17th End Street; Junko and Mark D. Maxey, doing business Reading Folder as E1'Bandido, 2052 Newport Boulevard. Business Permits A Notice of Intention to Solicit for Charitable Purpose from Orange -County Council of Camp Fire Girls, Incor- Camp Fire Girls porated, 1616 East Fourth Street, Santa Ana, by door-to- door sales and booth sales in shopping districts and at banks, was received and filed. Agape Force A Notice of Intention to Solicit for Charitable Purpose from Agape Force, Post Office Box 386, Lindale, Texas, by door-to-door personal contact, was received and filed. Set for Public. The following items were set for public hearing on Hearing November.7, 1977, at 6:30 p.m., in the Council Chambers of City Hall: GP -77-3D General Plan Amendment.GP-77-3D, Richard Meredith Meredith, 1880 Orange Avenue, Costa Mesa, for permission to amend the land use designation of property located at the above address from Low Density Residential to Medium Density Residential. Environmental Determination: Negative Declaration. GP -77-3G General Plan Amendment GP -77-3G, George Woods, Woods/Nourse Jr., 1665 Placentia Avenue, Costa Mesa; Peter Nourse, 901 Dover Drive, Suite 110, Newport Beach; and the Costa Mesa Planning Commission, for permission to amend the land use designa- tion of property located at 2340, 2428-2458 (even numbers only) Santa Ana Avenue, and alternative General Plan and/or zoning amend- ments for property located south of Mesa Drive, west of Irvine Avenue, north of Monte Vista Avenue, and east of Orange Avenue, and also located south of Monte Vista Avenue, west of Irvine Avenue, north of 23rd Street, and east of Santa Ana -Avenue. Environmental Determin- ation: Negative Declaration. GP -77-3H General Flan Amendment.GP.-77-3H, Joseph Colombo, Colombo 2315 East 17th Street,. Santa --Ana, for permission to amend the land use designation of property located at 2330 Vanguard Way, from Public, Semi-public,use to High Density Residential. Environmental Determination: Negative Declaration. GP -77-3J General Plan Amendment.GP-7J-3J (Case 1), Costa Case 1 Mesa Planning Commission, to -consider alterna- tive General Plan and/or zoning amendments for property located west of Bear Street between the San Diego Freeway and Yukon. Avenue. Environmental Determination: Negative Declara- tion. GP -77-3J General Plan Amendment GP-77-3J.(Case 2)., Costa Case 2 ._Mesa Planning Commission, to consider alterna- tive General Plan and/or zoning amendments for property located south of Paularino Avenue, west of Bristol Street, and northeast of the Corona del Mar Freeway. Environmental Determination: Negative Declaration. GP -77-3J General Plan: Amendment GP -77-3J (Case 3), Costa Case 3 Mesa Planning Commission, to consider alterna- tive General Plan and/or zoning amendments for property located be 2751 and 2881 (odd numbers only) Bristol Street,:and west of the Corona del Mar Freeway frontageroad, south of St. Clair Street. Enviromnental-Determination: Negative -Declaration. GP -77-3J General Plan Amendment GP -77-3J (Case 4),.Costa Case 4 Mesa Planning Commission, to..consider alterna- tive General Plan and -/or :zoning. amendments -for property located on The Masters Circle, -on Bristol,Street, and.at 2902 Red Hill Avenue. Environmental Determination: Negative Declara- tion. GP -77-3J General Plan Amendment GP -77-3J (Case 5), Costa Case 5 Mesa Planning Commission, to consider alterna- tive General Plan and/or zoning amendments for property located at 125 Baker Street, and 150 Paularino:Avenue. Environmental Determination: Negative. Declaration. Refunds On recommendation by the Director of Leisure Services, a refund of $10.00 to Marla Smith, 302 Vista Baya, Smith Costa Mesa, for class that 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 Aquatic On recommendation.by the Director:of .Finance, a refund Tropicals of $35.00 to Aquatic Tropcals, 1510 Baker Street, Costa Mesa, on Business License 7460, as business has terminated operations, was approved.:by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Amber On recommendation by the Director of Finance, a refund Manufacturing of $25.00 to Amber Manufacturing Company, 1669 Placen- tia Avenue, Costa Mesa,'on Business License 4064, as business terminated operation, following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: was approved by the Hertzog, Hammett, Raciti, McFarland, Smallwood None None Canusa On recommendation by the Director.of. Finance, a refund Corporation of $66.00 to Canusa Corporation, 3194 Airport Loop Drive, Suite C, Costa.Mesa, on Business License 7965, as business terminated, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Chillrite Air On recommendation by the Director of Leisure Services, Conditioning a refund of $3,984.00 to Chillrite Air Conditioning Company, 5300 Santa Monica Boulevard, Los Angeles, on Bid Item 356-A performance deposit for Bid Item 356-A, Repairing and Furnishing of Air Conditioning Units, 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 A request from -the applicant for withdrawal, and Withdrawal partial refund of fees, in connection with General Plan Amendment GP -77-3A, C. J. Segerstrom and Sons, GP -77-3A 3315 Fairview Road, Costa Mesa, for permission to Segerstrom amend the land use designation of property located south of Adams Avenue and east of Mesa Verde Drive East (approximately 12 acres) from Commercial Center to High Density Residential, was presented. On motion by Councilman McFarland, seconded by Council- man Raciti, the request was approved, and a partial refund of fees in the amount of $1,000.00 was authorized, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Claim— Painter On motion by Councilman McFarland, seconded by Council - Denied man Raciti, and carried, the claim of Alfred Painter was denied. Reclassification On motion by Councilman McFarland, seconded by Council - of Planner I - man Raciti, reclassification of Planner I position in Revelopment -the Redevelopment Agency to Administrative Assistant, Agency was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 367. The only bid received for Bid Item 367, for the furnish - Diesel Engine, ing of a Diesel Engine, Clutch, and Transmission, is on Clutch, and file in the Clerk's office. On motion by Councilman Transmission. McFarland, seconded by Councilman Raciti, the bid was awarded to Lawless Detroit Diesel, 13644 East Nelson Awarded Avenue, City of Industry, in the amount of $10,047.72, Lawless Detroit being the only bid meeting specifications, by the Diesel following roll call vote: Bear Street AYES:. Council Members:. Hertzog, Hammett, Extension Street to St. -Clair Street, are on file in the Clerk's Raciti, McFarland, office. On motion by Councilman McFarland, seconded Awarded Smallwood Aldo's Aldo's Landscaping Company, 1344 Temple Avenue, Long NOES: Council Members: None Beach, in.the amount of $113,439.22,, being the lowest ABSENT: Council Members: None Installation of Bids'received for the Installation of Traffic Signals AYES: Council=Members: Hertzog, Hammett, Signals on and Safety Lighting on Bristol Street at Bear Street, Bristol Street are on file in.the C.lerk's.office. On motion by NOES: Council_ Members: None at Bear Street Councilman McFarland, seconded by.Councilman Raciti, Bid Item 366-A Bids received for Bid Item 366-A, for the furnishing the contract was awarded to Grissom and Johnson, of One Thermoplastic Melter:and Hand Applicator, are Awarded Incorporated, Post Office Box 10040, Santa Ana, in Machine Grissom and the amount of $25,526.00, being the.lowest bid meeting bid -was awarded.tb,be split between Pave Mark Corpor- Johnson specifications, by the following roll call vote: Pave -Mark and and Cataphote Division of'Ferro Corporation, Post AYES: Council Members: Hertzog, Hammett, Office Box 2369.,,:Jackson,:Mississippi, in the total Raciti, McFarland, specifications, by'the following roll call vote: Smallwood AYES: Council Members: Hertzog, Hammett, NOES: Council Members: None Smallwood ABSENT: Council Members: None NOES: Council Members: None Bear Street Bids received for the Bear Street Extension from Baker Extension Street to St. -Clair Street, are on file in the Clerk's office. On motion by Councilman McFarland, seconded Awarded by Councilman..Raciti,_the_contract was awarded to Aldo's Aldo's Landscaping Company, 1344 Temple Avenue, Long Landscaping Beach, in.the amount of $113,439.22,, 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-A Bids received for Bid Item 366-A, for the furnishing Thermoplastic of One Thermoplastic Melter:and Hand Applicator, are Street Marking on file -in the Clerk's office. On motion by Council - Machine man McFarland,. seconded by Councilman Raciti, the bid -was awarded.tb,be split between Pave Mark Corpor- Awarded ation, 2360 Northwest 150th�Street, Miami, Florida, Pave -Mark and and Cataphote Division of'Ferro Corporation, Post Cataphote Office Box 2369.,,:Jackson,:Mississippi, in the total amount of $8,400:00, being the lowest bids meeting specifications, 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 Councilman McFarland, seconded by Council - Advances man Raciti, a Conference Advance for a police captain to attend the California Peace Officers' All Committee Conference,'Fresno', November 8 through 10, 1977, was approved in.the,amount.of $160.00, 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 Councilman McFarland, seconded by Council- man Raciti, a Conference Advance for.a police officer to attend Protective Services Techniques, Sacramento, October 31 through November 5, 1977, was approved -in the amount of $225.00,.by.the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: •Council Members: None ABSENT: Council Members: None 4.. f ..fJ9a Amendment to' An amendment to:the agreement with.YSP, Incorporated, Agreement = YSP for a.Juvenile Diversion -Program, -was presented. This amendment provides a more flexible method of payment Juvenile for services rendered under the agreement. On motion Diversion by Councilman McFarland, seconded by Councilman Raciti, Program the amendment was approved, and the Mayor and Clerk Superior Avenue authorized to sign on behalf of the City, by the Widening following roll call vote: AYES: Council Members: Hertzog, Hammett, Resolution 77-122 Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Landscape Design On motion by Councilman McFarland., seconded by Council - of Manistee Park man Raciti, authorization was given to hire Land Architecture, 615 Goldenrod Avenue, Corona del Mar, to provide landscape design services for Manistee Park, in the amount of $7,800.00, by the following roll call Continuous Offer. vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members:- None ABSENT: Council Members: None Continuous Offer A resolution accepting land dedication from Michael D. to Dedicate - and Vivian M. Kay, for the Superior Avenue widening, Superior Avenue was presented. On motion by Councilman McFarland, Widening seconded by Councilman Raciti, Resolution 77-122, being A RESOLUTION OF THE CITY COUNCIL OF .THE CITY OF COSTA Resolution 77-122 MESA, CALIFORNIA, ACCEPTING A CONTINUOUS OFFER TO DEDI= CATE CERTAIN REAL PROPERTY, was adopted and ordered placed on record with the Orange County Recorder, by .the following,roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: 'None ABSENT: Council Members: None Continuous Offer. A resolution accepting land dedication from Harry J. to Dedicate - and Barbara G. Weber, Vernon W. Monroe, and Serosh A. Superior Avenue. and Irmgard M. Andranion, for the Superior Avenue Widening widening, was presented. On motion by Councilman McFarland, seconded by Councilman Raciti, Resolution Resolution 77-123 77-123, being A RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ACCEPTING A CONTINUOUS OFFER TO DEDICATE CERTAIN REAL PROPERTY, was adopted and ordered placed on record with the Orange County Recorder, by the Tollowing.roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Prohibition of The Traffic Commission recommended prohibition of Parking - Shalimar parking for street sweeping on Shalimar Drive between .Drive Pomona Avenue and Placentia Avenue. On motion by Counciiman.McFarland, seconded by Councilman Raciti, Resolution 77-124 Resolution 77-124, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA., CALIFORNIA, PRO- HIBITING PARKING ON WEDNESDAYS BETWEEN 8:00 A.M. AND 10:00 A.M., ON SHALIMAR DRIVE.FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Restriction �of The Traffic Commission..recommended.;prohibition_of Parking'- Miner parking on Miner Street•:from-:Victoria Street,- 400 Street feet northward:to limit spillover parking from an apartment complex.onto a:r.esidential street. On motion by'Councilman McFarland.,.seconded by Resolution 77-125 Councilman Raciti, Resolution 7:7-125., being A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF,COSTA MESA, CALIFORNIA,..RESTRI.CTING PARKING ON A PORTION OF MINER STREET•,'was'adopted by the following roll call vote: Council Members:, Hertzog, Hammett, _AYES: Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT:. Couin.cil.Members: None Prohibition of The Traffic Commission recommended prohibition of Parking - Adams parking at -Adams -School to facilitate school buses. Avenue School On motion by Councilman McFarland, seconded by Councilman Raciti, Resolution.77-126, being A Resolution 77-126 RESOLUTION'OF:THE•CITY COUNCIL OF -THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF CLUBHOUSE ROAD, -was adopted by the following roll call.vote: AYES:. Council -Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council -Members: None ABSENT: Council Members: None Prohibition of The Traffic Commission recommended prohibition of Parking - Scenic parking on Cadillac and Scenic.Avenues as.a condi- Avenue and tion upon the developer because of reduced right -of - Cadillac Avenue way. On motion by -Councilman McFarland, seconded by Councilman Raciti,.Resolution 77-127, being A Resolution 77-12.7. RESOLUTION_OF_THE'CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON CADILLAC AVENUE AND ON SCENIC AVENUE, was adopted by the following _roll, call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Completion of The improvements�in.connection with Building Permit Cul de sac on No. 43200; for.a.cul de sac on Pamela Lane south of Pamela Lane Joann Street, have been completed by Patrick J. - Sweeney Sweeney, 170 -East 17th Street,_ Suite 205, Costa Mesa,.to the satisfaction of the Director of Public Services. On.motion by Councilman McFarland, seconded by Councilman Raciti, the work was accepted, and a cash 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 Budget On motion.by Councilman.McFarland, seconded by Adjustment 78-02 Councilman Raciti, Budget.Adjustment 78-02, to establish an appropriation for miscellaneous park projects, was .approved .by the following roll call vote: AYES: Council Members.: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 Budget On motion by`Councilman.McFarland, seconded by Council- Ad'justi int' 78=15 ' _roan :Raciti, Budget `Adjustment .78-15, to establish adequate appropriation to -sandblast and resurface six' tennis courts at TeWinkle Park; in the amount of $12;000.00, was approved by the .following roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None The following General Plan Amendments, representing Items 7, 8, 10, and 11 on the Consent -Calendar, were set for public hearing on November 21, 1977, at 6:30 p.m.: GP -77-3B General Plan Amendment GP -77-3B, Bill Langston, Langston/Pope as authorized agent for Edker Pope, 1761 Reynolds Avenue, Irvine, and the Costa Mesa Planning Commission, for permission to amend the land use designation of property located at 2890, 2918, 2924 Bristol Street, and 715, 721, 727 Randolph.Avenue, from Light Industry to General Commercial, and to consider alterna- tive zoning and General Plan Amendments for the property located south of -Baker Street, east of Bristol Street and north of the Corona del Mar Freeway. Environmental Determination: Nega- tive Declaration. GP -77-3C General Plan Amendment GP -,77-3C, Barry K. Williams Williams, 901 Dove Street;Newport Beach, and the Costa Mesa Planning Commission, for per- mission.to amend the land use designation of property located between .2500 -and 2534 (even numbers only) Newport Boulevard, 120 Monte Vista Avenue, and 2517 and 2523 Elden Avenue, from Neighborhood Commercial and Medium Density Residential to High Density Residential, and alternative General Plan and/or zoning amend- ments for property .located between 122 and 136 Monte Vista Avenue, and 2505, 2515, 2525, and 2527 Elden Avenue. Environmental Determina- tion: Negative Declaration. GP -77-3E General Plan Amendment GP -77-3E, Kathrina Abdalian/Stuart Abdalian and Zepher Stuart, 105 Emerald Bay, Laguna Beach, and the Costa Mesa Planning Commission, for permission to amend the land use designation of property located at 1625, 1631, and 1637 Irvine Avenue from Low Density Residential to Medium Density Residential. Environmental Determination: Negative Declaration. GP -77-3F General Plan.Amendment GP -77-3F, Peter Nourse, Nourse 901 Dover Drive, Suite 110, Newport Beach, and the Costa Mesa Planning Commission, for permis- sion to amend the land use designation of property located at 1671 Tustin Avenue from Low Density Residential to Medium Density Residen- tial, and additional General.Plan and/or zoning amendments for property located south of East 17th Street, west of Tustin Avenue, north of 15th Street, east of Orange Avenue, and west of Orange:Avenue, between 15th Street and East 17th Street. Environmental Determination: Negative Declaration. Refund Item 23 on the -Consent_ Calendar, a refund request 'in the amount'of $88.00"to Enrique -Gutierrez, 2060 Gutierrez Republic Avenue, Costa Mesa:, was presented. The applicant Baas present and indicated that because of a misunderstanding, he bid $88.00 on a watch at a police auction which was later valued at $8.00. After discussion, on.motion by Councilman Raciti, seconded by Vice'Mayor Hammett, the refund was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Traffic Line Item 28b on the Consent Calendar, for authorization Material to purchase 30 tons of thermoplastic traffic line Removed from Agenda, material, was removed from the Agenda. 1976 Ford Sedan Item 28c on the Consent Calendar, purchase of a 1976 Ford, four -door sedan, was presented. Councilman Awarded Raciti commended the City Manager and staff for the Theodore Robins savings represented.by the purchase of this previ- Ford ously.leased vehicle. On motion by Councilman Raciti, seconded by Councilman McFarland, -.the purchase was approved in the amount of $4,275.00, from Theodore Robins Ford, as 'a sole source item, 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 Vice Mayor Hammett, seconded by Council - Plan - Smith/ man Raciti, Ordinance 77-57, being AN ORDINANCE OF Properties West THE CITY COUNCIL OF THE CITY -OF COSTA MESA, CALIFOR- NIA, CONCERNING THE ADOPTION -OF THE FINAL DEVELOPMENT Ordinance 77-57 PLAN OF DANA SMITH - PROPERTIES WEST FOR THE PLANNED Adopted DEVELOPMENT LOCATED NORTH OF SALINAS AVENUE AND WEST OF SANTA CLARA 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-77-25 On motion. -by Councilwoman --;Smallwood,, seconded by Councilman McFarland; Ordinance.77-58, being AN Ordinance 77-58 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 1 THROUGH 24, TRACT 692, -FROM R2 -AND C2 TO I AND R, 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 Urban Development The Planning Director outlined.several Planning Strategy Commission recommendations with respect to the policies contained in the Urban Development Strategy for California. These recommendations are contained in memos to the -:Council from the Planning Department dated October 10 -and 13, 1977. After discussion, on motion by Councilwoman Smallwood, seconded by Council- man Raciti, ,the Planning Commission's recommendations Resolution 77-128 were supported, and Resolution.77-128, being A RESOLUTION OF THE CITY COUNCIL.OF THE.CITY OF COSTA 1 1 MESA, CALIFORNIA, SETTING.FORTH POSITIONS ON THE URBAN DEVELOPMENT STRATEGY FOR CALIFORNIA AND REQUESTING ADDITIONAL REVIEW TIME, 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 Councilwoman Smallwood, seconded by Resolution 1008 Councilman McFarland, Warrant Resolution 1008 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 Raciti, seconded by Vice Resolution 1009 Mayor Hammett, Warrant Resolution 1009, including Payroll 7720, 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 - Mason On motion by Vice Mayor HaTnmett,_seconded by Council- woman Smallwood, authorization was given to settle the claim of Robert Mason as recommended by the City Attorney, in the amount of $2,671.44, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None AMICI The City Attorney requested authorization to lend the. Representation support of the City of Costa Mesa, in name only, to the pending case of California Electric Sign Associa- tion versus the City of Cerritos. The City Attorney also requested direction as to handling of such matters in the future. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman Raciti, and carried, authorization was given to lend support in name only to the aforementioned case. The policy decision with regard to future action in such matters, was referred to a Council Study Session. NIMLO Law Suit On motion by Vice Mayor Hammett, seconded by Council- man Raciti, and carried, the City Manager was authorized to direct the accounting procedures for funding the participation in the NIMLO law suit at his discretion. Council Policy On motion by Councilwoman Smallwood, seconded by Vice Manual Mayor Hammett, Resolution 77-115A, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 77-115A FORNIA, ADOPTING COUNCIL POLICY MANUAL AND APPROVING POLICY NO. 000-1, SETTING FORTH THE POLICY AND PROCE- DURE FOR THE ADMINISTRATION OF SAID MANUAL, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Westside Building.-.. On motion by Councilman:.Raciti,. seconded by Council - Moratorium man McFarland, Ordinance 77-.59, being AN ORDINANCE OF THE CITY COUNCIL OF THE'CITY.OF COSTA MESA, CALI- Urgency FORMA,: REPEALING ORDINANCE NUMBERS 77-14 AND 77-37, Ordinance 77-59 DECLARING SAID ORDINANCE TO BE AN URGENCY ORDINANCE, Adopted AND SETTING FORTH 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 Budgeted Position. On motion by Vi:ce.Mayor Hammett, seconded by Council- - Account Clerk, woman Smallwood, and carried, authorization was given to fill the new position of Account Clerk in the 1977-78 Budget. Personnel Rules On motion by Councilwoman.Smallwood, seconded by and Regulations Councilman McFarland, Resolution 77-129, being A RESOLUTION OF THE CITY COUNCIL OF:THE CITY OF COSTA Resolution 77-129 MESA, AMENDING CERTAIN _:PORTIONS OF THE RULES.AND REGULATIONS FOR ADMINISTRATION OF THE PERSONNEL SYSTEM OF THE::CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council. Members: None ABSENT: Council Members: None Architect Contest The City Manager,. -recommended that an architectural design contest beheld for the design of the Down- town Community Center, and -that -the Council allocate up to $10,000.0.O,for:this, purpose. Architects participating in the contest would-be reimbursed for their'professional services rendered to include presentation of;a:model, up to $2,500.00 each. During the discussion which followed, Councilman Raciti expressed his objection to this approach for selecting an -.architect. A:motion by Councilwoman Smallwood, seconded,'by Councilman McFarland, to approve the recommendation of the City Manager, was .followed by discussion. Vice Mayor Hammett offered an amendment to'the motion, seconded -by Councilman McFarland, to -reimburse -those -architects not chosen up to $.2,500.00 with the selected architect includ- ing his-costs.into.the contract. This amendment was discussed, and later withdrawn.. The main motion, approving the recommendation.for an amount up to $10,000.00, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, McFarland, Smallwood NOES:. Council Members: Raciti ABSENT: Council Members: None Refund Policy The City Manager presented a proposed policy to delegate limited authority for the authorization of refunds, and to establish guidelines for refund procedures. Under this policy, the Finance Director would have refund -approval up to $1,750.00, the City Manager up to $3'500.00,�and any amount over $3,500.00 would require Council action. On motion by Vice Mayor Hammett, seconded.by Councilwoman Smallwood, Policy No. 100-1 was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 Appeal Hearing' The Clerk announced that this was the time and place ZE-77-138A set for the appeal hearing of Zone Exception ZE-77- Osborne 138A, Dick Osborne, 1945 Placentia Avenue, Costa -Mesa, for a Conditional Use Permit to allow a Referred Back restaurant with bar and entertainment, with an occu- to Planning pant load of 350 persons and a variance from the Commission required number of parking spaces, in an MG zone located at the above address. Environmental Deter- mination: Exempt. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office. Communications in opposition to the request have been received from the following citizens: J. A. Hirsch, 3317 West Jefferson Boulevard, Los Angeles, owner of property on 19th Street; Crissman's Rentals, Incorporated, 1945 Placentia Avenue, Costa Mesa; John Zimerman, R. J. Development, 1350 East Edinger Avenue, Santa Ana, owner of property near 1945 Placentia Avenue; and Rick Thunstrom, 1825 Placentia Avenue, owner of property at 1930-1936 Placentia Avenue. A letter from Joseph J. Ryan., 1954 Federal Avenue, Costa Mesa, expressed opposition to the noise from this establishment. Letters expressing conditional acceptance were received from Mr. and Mrs. H. A. Clark, 1585 Placentia Avenue, Newport Beach, and Fred H. Bice, 1127-Ebbtide Road, Corona del Mar. On motion by Councilwoman Smallwood, seconded by Mayor Hertzog, and carried, at the recommendation of the Planning Director, this item was referred back to the Planning Commission for rehearing. Additional Use The Clerk presented a request from Bill Smiley, 2408 in Transitional Margaret Drive, Newport Beach, to add "Real Estate Area - Smiley Office" to the approved list of uses for the transi- tional area, for properties located between 854 and Denied 1014 (even numbers only) West 19th Street, and at 1903 Federal Avenue, The Planning Commission recom- mended denial based on the findings that signs are not allowed in'the transitional area and this use could not operate without signs, and would be detri- mental to -adjacent residences. Sherwin Harlick, 1016 West 19th Street., presented slides -of properties in the area and spoke in opposition to the request. Irene Skeen, 924 West 19th Street, described the real estate office next door to her which she feels is very desirable. During the discussion, Councilman McFarland expressed his opposition to the transitional area concept, with the opinion that it is not workable. On motion by Councilman -McFarland, seconded by Council- woman Smallwood, and carried, the request was denied. Formation of The Clerk presented a proposed resolution initiating Assessment proceedings -for the formation of an Assessment Dis- District - trict in the general area of South.Coast Drive Tract 9936 and between Bear Street and San Leandro Lane. On motion ZE-76-208A by Councilman Raciti, seconded by Councilman McFar- land, Resolution 77-130, being A RESOLUTION OF THE Resolution 77-130 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 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 DIVISION 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 Request to The Clerk presented a request from John Grimley, 1843 Appeal - Grimley Jamaica Road,. Costa. Mesa.,..appealing the Planning ZE-77-189 Commission's denial, 'on- October. 10, 1977, of Zone Exception ZE-77-189, and Redevelopment Action RA -77 - Hearing Set 07. On motion.by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the request was granted and the hearing date set.for November 7, 1977, at 6:30 p.m. Councilwoman Councilwoman Smallwood left the meeting at 7:55 p.m., Smallwood Leaves and therefore did not participate in -voting on the next item. Oral Lloyd Showers, representing American Legion freedom Communications Post No. 345, Post Office Box 17295, Irvine, requested permission for a rodeo at the Orange Business Permit County Fairgrounds on October 29 and 30, 1977. On American Legion motion by Vice Mayor Hammett, seconded by Mayor Hertzog, and carried, Councilwoman..Smallwood absent, the request was approved subject to conditions of the staff concerning security and insurance. Agape Force Steve Harrison, representing -Agape Force, requested information concerning the Council's action earlier in the meeting with regard to the issuance of a solicitation permit. Councilwoman Councilwoman Smallwood returned to. -the meeting at Smallwood Returns 8:00 p.m. Councilmanic Councilman McFarland discussed his.and Councilwoman Comments Smallwood'.s suggestion for Council participation in. a series of -Budget sessio.ns...with the City Manager Budget Sessions and Department Heads, to.provide the Council with greater opportunity for involvement and input in the Budget process.. Low Income Councilman McFarland-presented.a request from the Housing Housing and.Community Development Committee for authorization to.investigate the possibility of developing -a housing program..for low and moderate income families in the City of.Costa Mesa. During the discussion which followed, the Council requested more information on this. matter, and referred the item to a Study Session. Councilman Raciti discussed the resurfacing of New- port Boulevard being carried out by CALTRANS, and suggested that upon -completion .of the project, a letter of.appreciatiom be.transmitted. Adjournment The Mayor adjourned the meeting at 8:30 p.m. to an Executive Session.in the fifth floor Conference Room to discuss pending. litigation. On motion by Vice Mayor Hammett, seconded by Councilman Raciti, and carried, the Council.approved the .City Attorney's request for action.. The meeting.reconvened in the Council Chambers.at.9:05 p.m., and.at 9:10 p.m. was declared adjourned to October 21, 1977, at 4:00 p.m., in the fifth floor Conference Room. of City Hall. May r of the City` o o" a Mesa ATTEST: City Clerk of the City of Cost Mesa 1