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HomeMy WebLinkAbout11/07/1977 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 7, 1977 The City Council, -of the City of Costa Mesa met in regular session at 6-30.p.m.,.November 7, 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, led by Girl Scout Cadet Troop 1915, and Invocation by Mr. Wade Ross, Pres- byterian Church of -the Covenant. Roll Call Council Members Present: Hertzog; Raciti, McFarland, Smallwood Council Members Absent: Hammett (arrived at 6:45 p.m.) 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 - October 17, 1977 woman Smallwood, and carried, the minute& of the October 21, 1977 regular meeting of October 17, 1977, and the adjourned meeting of October 21, 1977, were approved as distrib- uted and posted as there were no corrections. Ordinances On motion by Councilman McFarland, 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 1, a letter from James Obrien, President, Bowers Museum Foundation, requesting support of expansion'of the museum. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the remaining Consent Calendar items were approved in one motion by the following roll 'call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett 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: Paul C. Minsky; Vaye,Gould;.Attorney William M. Crosby on behalf of Terence Coakley; and Attorney Richard P. Herman on behalf of Manuel Sanchez. Penal Code 311 A resolution from the City of Carson urging the Obscene Material State Legislature to amend Penal Code 311 relat- . ing to the definition of obscene material. Representation A resolution from the City of Carson requesting in SCAG equitable representation for cities and the County of. Los Angeles in the Southern Califor- nia Association of Governments (SCAG). Local Agency Notice of Hearing from the Local Agency Forma - Formation tion Commission of Orange County, regarding Commission determination on the proposed Pacific Vista 1 1 Annexation to the Costa Mesa Park and Recreation District, to be held November 9, 1977, at 515 North Sycamore Street, Santa Ana. Department of A resolution from the State of California, Transportation Department of Transportation,.relinquishing a portion of State road along Route 73 Freeway. Apportionment of A letter from Kenneth Cory, Controller of the Trailer Coach State of California, regarding the apportion - Fees ment of trailer coach fees. Redistribution A resolution from the City of Orange opposing of Sales Tax the redistribution of sales tax revenues and Revenues urging support of their position. The City of Costa Mesa went on record in opposition to the redistribution of sales tax revenues at the Council meeting of October 17, 1977. Public Utilities Notice of Hearings set for October 28, 1977, Commission at 107 South Broadway, Los Angeles, in the matters of: Investigation on the Commission's own motion into the matter of adoption of regulations governing the safety and construction of a liquefied natural gas terminal in the State of California. Investigation on the Commission's own motion into the impact of the decline in natural gas available to California from traditional sources and the need for and timing of deliveries from supplemental supply projects. In the matter of the application of Western LNG Terminal Associates, a general partner- ship, and of a joint application of Western LNG Terminal Associates, Pacific Gas and Electric Company, and Pacific Lighting Ser- vice Company, California corporations, for a permit authorizing the construction and operation of an LNG terminal pursuant to Sections 5550 et seq. of the Public Utilities Code. Notice of hearing on November 9, 1977, at 107 South Broadway, Los Angeles, in the matter of the application of Southern California Edison Company for authority to modify its energy cost adjustment clause to increase its energy cost adjustment billing factor. Notice of application No. 57602 in the matter of Southern California Edison Company for authority to increase rates charged for electric service; and further notice given that the Com- mission has set hearings on this matter for public witness testimony in various cities at different times and locations. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning: Licenses Ross Grimm, .john MacLean, and Larry Yale, doing business as Mrs. Z's, 3023 Harbor Boulevard; Howard Wright and Donald Yake1, doing business as Denny's 173, 3170 Harbor Boulevard; and End - Ambrose Pasquini, doing Business As Cafe Pas - Reading Folder quini, 3333 South Bristol Street, Store No. 166. Business Permits A Notice.of Intention to Solicit for Charitable Purpose Denied from Newport Harbor Business and Professional Women's Newport Harbor Club, Incorporated, Post Office Box 1365, Newport Beach, Professional for a one day sale of handcrafted items at the Downtown Women's Club Community Center, November 5 and 6, 1977, was ratified. Purple Heart A Notice of Intention to Solicit for Charitable Purpose Veteran's from Purple Heart Veteran's Rehabilitation Services, Rehabilitation Incorporated, 555 East Ocean Boulevard, Long Beach, by Services solicitation of clothing and household items to be sold in their thrift store, for calendar year 1978, was approved with application of Section 9-234J, Costa Mesa Municipal Code. Double "B" A request for an entertainment permit from Sam Meli, CB Club Double "B" CB Club, 9141 East 19th Street, Westminster, Representative for "CBers Show" held at the Orange County Fairgrounds, October 15, 1977, was ratified. Glynne Wayne A request for an entertainment permit from Glynne Enterprises Wayne Enterprises, 17466 Santa Clara Avenue, Santa Ana, for a Haunted House Show held at the Orange County Fairgrounds, October 24-31, 1977, was ratified. Chamber of A request for an entertainment permit from the Costa Commerce Mesa Chamber of Commerce, 2970 Harbor Boulevard, for a one -day art.sale held November 6, 1977, was ratified. Set for Public The following items were set for public hearing on Hearing November 21, 1977, at 6:30 p.m., in the Council Chambers of City Hall: Title 13 A proposed ordinance amending Title 13 of the Amendment Costa Mesa'Municipal Code adopting a defini- tion for "bedroom" and providing references thereto. Development A proposed ordinance amending Section 13-828, Standards Development Standards, Costa Mesa Municipal Amendment Code. Claim - Crosby On motion by Councilwoman Smallwood, seconded by Denied Councilman McFarland, and carried, Vice Mayor Hammett absent, the claim -of Patricia M. Crosby was denied. Conference On motion by Councilwoman Smallwood, seconded by Advance Councilman McFarland, a Conference Advance request for a police officer to attend the 49th Juvenile Law Enforcement -Officer's Training Course in Sacra- mento, December 4-9, 1977, was approved in the amount of $220.00, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT:_ Council Members: Hammett Small Claims On motion by Councilwoman Smallwood, seconded by Representative Councilman McFarland, Resolution 77-132, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Resolution 77-132 MESA, CALIFORNIA, APPOINTING JANE K. HERRING, LICENSE INSPECTOR, AS THE CITY'S REPRESENTATIVE IN SMALL CLAIMS COURT IN ALL INSTANCES WHERE CLAIMS ON BEHALF OF THE CITY OF COSTA MESA ARE BEING ENFORCED, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES:' Council Members: None ABSENT: Council Members: Hammett 1 Street The street improvements.in connection with Zone Improvements Exception ZE-77-92, on the north side of Paularino ZE-77-92 Avenue, west of Bristol Street, have been completed Standard Brand by Standard Brand Shoe Manufacturing, 1000 South Shoes LaBrea Avenue, Los Angeles, to the satisfaction of the Director of Public Services. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the work was accepted, and cash deposit No. CSR 17896, in the amount of $14,000.00, was ordered exonerated by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Street The street improvements in connection with Zone Improvements Exception ZE-76-202, on Doctor's Circle and at 2140 ZE-76-202 Thurin Street, have been completed by Thurin Street Thurin Street No. 2, Limited, 901 Dove Street, Suite 115, Newport No. 2 Beach, to the satisfaction of the Director of Public Services. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the work was accepted, and the bonds ordered exonerated, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: 'Council Members: Hammett Agreement - Proposals received for engineering services for the Governmental Baker Street and Paularino Avenue bridge crossings Professional to the Santa Ana -Delhi Channel are on file in the Services office of the City Engineer. On motion by Council- woman Smallwood, seconded by. Councilman McFarland, an agreement between the City of Costa Mesa and Governmental Professional Services, 1420 Edinger Avenue, Suite 211, Santa Ana, in an amount not to exceed $12,180.00, was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Final Map for On motion by Councilwoman Smallwood, seconded by Tract 9866 - Councilman McFarland, Final Map and Subdivision Properties'West Agreement for Tract 9866, Dana Smith - Properties West, 508 - 29th Street, Newport Beach; 57 lots, 10.05 acres, located north of Salinas Avenue and west of Santa Clara Circle, were approved; the Council did accept on behalf of the public the dedication for street purposes: Debra Drive, Deedee Drive, and Danielle Drive; did also accept on behalf of the the City of Costa Mesa the public utility and sidewalk easement as dedicated, the easements for emergency and public security ingress and egress over Lots A and B as dedicated, and the storm drain easement as dedicated; did also approve said 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, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett npaw Bid Item.370 Bidsreceived for Bid.Item 370, Exhibit 1, furnishing Exhibit 1 of three automobiles, -4 -door sedan, 1978 model, 5 - Three Automobiles passenger, are on file in the Clerk's office. On motion by Councilwoman Smallwood, seconded by Council - Bids Rejected man McFarland; and carried, Vice Mayor Hammett absent, Cataphote all'bids received for'Exhibit 1 were rejected. Bid Item 370 Bids received for -.Bid Item 370, Exhibit 2, furnishing Exhibit 2 of one each -1978 model 9 -passenger station wagon, are One Sta.tion.Wago.n on file in the Clerk's office. On motion by Council- woman Smallwood, seconded by Councilman McFarland, Awarded the bid was awarded to McPeek Chrysler Plymouth, 1200 McPeek Chrysler South Anaheim Boulevard, Anaheim, in the amount of Plymouth $6,127.97, being the lowest bid meeting specifica- Exhibits 1, 25 tions, by the following roll call vote: 3, and 7 - AYES: Council Members: Hertzog, Raciti, Trucks McFarland, Smallwood NOES: Council Members: None Awarded ABSENT: Council Members: Hammett Bid Item 372 Bids received for Bid Item-372,.labor and material Pad Jail Cell to pad jail cell, are on.file in the Clerk's office. Theodore Robins On motion by Councilwoman Smallwood, seconded by Awarded Councilman McFarland, the bid.was awarded to Nova Nova Plastics Plastics., Incorporated, 16866 Stagg Street, Van Nuys, in the amount of $8,150.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Bid Item 373 Bids received for.Bid.Item 373, 30 tons thermoplastic Traffic Line traffic.line material, are on file `in'the Clerk's Material office. On.moton by Councilwoman Smallwood, seconded by Councilman McFarland, the bid wasawarded to Cata- Awarded phote'Division, Ferro Corporation, Post Office Box Cataphote 2369, Jackson,'Mississippi.,.in the amount of Division $17,.382.00, being the lowest bid meeting specifica- tions, .by':.the _following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Bid Item 368 Bids received for Bid -Item 368, for the furnishing of Exhibits 1, 25 various trucks,.are on file.' in the Clerk's office. 3, and 7 - On motion by Councilwoman Smallwood, seconded by Trucks -Councilman McFarland, portions of the bid were awarded to the lowest bidders as follows: Exhibit 1, van type Awarded truck, Dick Walker Ford Company, 220 South Long Beach Dick Walker Ford, Boulevard, Compton, in,the.amount of $6,348.86; Exhibit Liberty Ford, and 2, two one -ton flatbed.trucks., Liberty Ford, 2855 Foot - Theodore Robins hill Boulevard, LaVerne, in the total amount of Ford $145641.48; Exhibit 3, one economy style pickup truck, Dick Walker.Ford.Company, in the amount of $3,936.98; and Exhibit 7, one..van type -truck, was awarded to. Theodore Robins Ford,.Incorporated, 2060 Harbor Boule- vard,;in the amount of $5,779.00, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES:, Council Members: None ABSENT: Council Members: Hammett Bid Item 368, On motion by Councilwoman: Smallwood, seconded by Exhibits 4, 5, Councilman McFarland, and carried, Vice Mayor Hammett and 6 - Trucks absent, bids received for Exhibits 4, 5, and 6 of Bid Bids Rejected Item 368, various trucks, were rejected. 1 1 Bid Item 369 Bids received for Bid Item 369, one tractor -loader, One Tractor -Loader" are on file in the Clerk's office. On motion by Councilwoman Smallwood, seconded by Councilman McFar- Bids Rejected land,and carried, Vice Mayor Hammett absent, the bids were rejected. Agreement - A renewal agreement between the City of Costa Mesa and Cooperative Cooperative.Personnel Services, for the performance of Personnel technical personnel services from January 1, 1978, Services through December 31, 1980, was presented. This agree- ment continues the existing agreement on a pay for services used basis. On motion by Councilwoman Small- wood, seconded by Councilman McFarland, the agreement was approved and William F. Todd, Personnel Director, authorized to sign on behalf of the City, by the Warrant following roll call vote: Resolution 1011 AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Vice Mayor At 6:45 p.m., Vice Mayor Hammett arrived and took his Hammett Arrives place at the Council table. Bowers Museum Item 1 on the Consent Calendar, a letter and conceptual Expansion plan from James Obrien, President, Bowers Museum Foundation, 2002 North Main Street, Santa Ana, was presented. Reilly P. Rhodes was present, representing Bowers Museum Foundation, and briefly explained the concept involved in the planned expansion. After brief discussion, on motion by Councilman Raciti, seconded by Councilman McFarland, and carried, the Council'went on record in support of the proposed expansion. Warrant On motion by Councilwoman Smallwood, seconded by Resolution 1010 Councilman Raciti, Warrant Resolution 1010, including Payrolls 7721 and 7722, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Raciti, seconded by Councilman Resolution 1011 McFarland, Warrant Resolution 1011 was approved by the following roll call vote: AYES: CouncilMembers: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - The City Attorney presented an agreement with Mrs. Ruth Swope Swope, 541 Center Street, for the acquisition of two parcels, one located within the Super Block, and the other parcel located at Center Street and Park Avenue at the site -of the proposed Senior Citizens Housing Project. On motion by Councilwoman Smallwood, seconded by Councilman Raciti,-the settlement was approved in the amount of $180,000.00, and authorization was given to enter escrow, with escrow to close as soon as possi- ble, 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 SUA, Incorporated City of Costa Mesa and SUA, Incorporated, 10100 Santa Monica Boulevard, Los Angeles, for the purchase of Computerized the first of three, -modules of a computerized vehicle VehicleManage- management system -for Cityvehicles.. This first ment System module,would provid6 for analysis of the following areas: operation, preventive maintenance, repair, repair cost, downtime, and employee performance, as well as automatic preventive maintenance scheduling. After brief discussion, on -notion by Council -man Raciti, seconded by Councilwoman Smallwood, the agreement was approved in the amount of $14,000.00, 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 the Memorandum of Under - Understanding standing between the City of Costa Mesa and the Public Employees Union, Teamster Local 911, pertain- ing to changes.,in salaries, wages, and retirement for the next two years, effective November 6, 1977. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, the Memorandum of Understanding was received and filed, and direction given for the necessary administrative actions to be taken to,im�lement the terms.of the Memorandum. Rates of Pay On motion by Vice Mayor.Hammett, seconded by Council - Established man McFarland,.Resplution 77-133, being A RESOLUTION OF THE -CITY COUNGIL.07 THE CITY OF COSTA MESA ESTAB- Resolution 77-133 LISHING RATES�OF PAY FOR CERTAIN CLASSIFICATIONS AND EMPLOYEES PLACED_,'�,UNDVR,-_'. THE BASIC -PAY AND ESTABLISHING RATES OF PAY FOR CERTAIN 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: Council Members: None The City Manager commented process expressing concern were misrepresented in the letter. on the Meet and Confer that certain statements Teamsters Local 911 news - Retirement On motion.by Councilwoman Smallwood., seconded by Committee Councilman McFarland, Tom Caldwell was appointed to Appointment �the Retirement Committee as the Fire Department representative, to, serve a two-year term from Novem- ber 7, 1977, to.November 6, 1979, by the following roll,call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announed that this was the time and place Doctors Ambulance set for the public hearing in the matter of an Service appli ' cation for a Certificate of Public Convenience and Necessity from Doctors Ambulance Service, 105 Held Over South Prospect Avenue, Tustin. Notification of the hearing was given,to other certificate holders in compliance -with -the Code. John Leach, Post Office Box 11125, Santa Ana, wasCpresent representing the applicant and -spoke in favor of the request. Bruce Herren, 17405 Via Lindo, Tustin, owner of Doctors Ambulance Service, -was also -present and answered .questions from -the -Council. Speaking in opposition to the request was' Phil Gazzo of Schaefer's Ambulance I 11 I \_ Service. Discussion followed regarding the need for additional ambulance service in.the City. On motion by Councilman Raciti, seconded by Vice Mayor Hammett, and carried, -the staff was directed to investigate the need for additional ambulance service and to report back to the Council at the meeting of Novem- ber 21, 1977. Appeal.Hearing The Clerk announced that this was the time and place ZE47-189 and RA-77-07 set for the appeal hearing for Zone Exception ZE-77- 189 and Redevelopment Action RA -77-07, John Grimley, Grimley 1843 Jamaica Road, Costa Mesa, for a variance to encroach into the rear yard setback and to allow a Held Over 10.5 percent density deviation (2,682.5 square feet per unit) to -construct a triplex at 129 Broadway, in a Cl zone (R2 zone pending). Environmental Deter- mination: Exempt. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office. No communications have been received. The Planning staff and Planning Commission recommended denial. John Grimley was present and answered questions from the Council. Also speaking in favor of the request was A. L. Pinkley, 1833 Fullerton Avenue. Discussion followed regarding the possibility of combining lots .to effect a lesser degree of density deviation. Vice Mayor Hammett voiced opposition to the application of the new 12.5 percent density devia- tion rather than the 10.5 percent in effect at the Mayor Hertzog. time the application was originally made. After Leaves further discussion, on motion by Councilman Raciti, seconded by Councilman McFarland, and carried, the Planning staff was directed to review the application, and the hearing was continued to the meeting of Nov- ember 21, 1977. Recess The Mayor declared a recess at 7:55 p.m., and the meeting reconvened at 8:05 p.m. Presentation Debra Ronahn.of Costa Mesa presented the Mayor with the key to the City of Omaha, Nebraska, and expressed the gratitude of that city for the key to the City of Costa Mesa which Miss Ronahn presented to them on her visit to Omaha this past summer. Public Hearing The Clerk announced that this was the time and place GP -77-3D set for the public hearing for General Plan Amendment Meredith GP -77-3D, Richard Meredith, 1880 Orange Avenue, Costa Mesa, for permission to amend the land use designa- Denied tion of property located at the above address from Low Density Residential to Medium Density Residential. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Staff and Planning Commission recommended denial. The.applicant was not present. There being no speakers, the Mayor closed the public hearing. A motion by Councilman Raciti to postpone the hearing for two weeks to insure that the applicant would be present failed to.carry when it was determined that the applicant had been notified of the hearing date. On further motion by Councilman Raciti, seconded by Councilman McFarland, and carried, the request was denied. Mayor Hertzog. The Mayor announced that she would leave the Council Leaves Chambers during the next hearing as she is the owner of property adjacent to the area in question. Public Hearing The Clerk announced that this was the time and place GP -77-3G set for the public hearing .for General Plan Amendment Woods/Nourse GP -77-3G, George Woods, 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 designation of property located at 2340, 2428-2458 (even numbers only) Santa Ana Avenue and alternative General Plan and/or zoning amendments 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 Determination: Negative Declar- ation. The Affidavit of Publication is on file in the Clerk's office. Communications in opposition have been received from Richard E. Olson, 2538 Westminster Ave- nue, -Costa Mesa, and a statement containing 21 signa- tures from residents living on Santo Tomas Street. The Planning staff and Planning Commission recommended approval of the request, expanded to include the entire study area, and retaining -the R1 zoning. for existing single-family homes. Margaret A. Abare, 294 Santo Tomas Street, -representing. -various homeowners on that street, read'a copy of a letter submitted to Council objecting .to a,blanket change to higher density and requesting the approval.of Option III which would retain the Low Density designation.on those areas in question currently zoned City R1 and County. R1. Arlene Halling, 285 Santo Tomas Street, spoke in support of Mrs. Abare's position. Speaking in favor of the request was appli- cant George Woods, Jr., reiterating that the issue was not a change.in zoning but rather a change in the over- all General Plan, bringing.it into conformance with the current zoning. Also speaking in favor of the request was applicant Peter Nourse. There being no other speakers, the Mayor closed the public hearing. Discus- sion followed, with Councilman Raciti voicing support of Option III. During the discourse which followed, it was further explained that the current zoning would remain in effect unless a request for.change.was brought before Council,in the future. After further discussion, on motion by Councilwoman Smallwood, seconded by Councilman McFarland, the Negative -Declaration of Environmental_Impact was.accepted as.meeting the re - Resolution 77-134 quirements of the law -',and Resolution 77-134, being A RESOLUTION OF THE CITY COUNCIL..OF THE CITY OF COSTA MESA,'CALIFORNIA,`ADOPTING GENERAL.PLAN AMENDMENT GP=77-3G, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, changing the land use designation for all of the above properties from Low Density Residential to Medium Density Residential, was adopted by the following roll call vote: AYES: Council Members: _Hammett, McFarland, Smallwood NOES:_ Council Members: Raciti ABSENT: Council Members: Hertzog Mayor Hertzog Mayor Hertzog returned to the meeting at 9:45 p.m. Returns Public Hearing The Clerk announced that this was the time and place GP -77-3H set for the public hearing for General Plan Amend- Columbo ment GP -77-3H, Joseph Columbo, 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 Resi- dential. Environmental Determination: Negative Declaration._ The -.Affidavit of Publication is on file in the Clerk's office. One communication has been received in opposition.to the request from L. J. Reilly,,Sr.,. 2334 Minuteman Way, Costa Mesa. A let- ter in favor of the proposal has been received from 1 Wayne E. Kraiss, President, Southern California College, 55 Fair Drive, Costa Mesa. The Planning staff recommended- approval of the request with subsequent rezone of the AP parcel fronting on New- port Boulevard to I and R. The Planning Commission concurred adding the rezone of the C2 parcel south of Vanguard Way to R2. The applicant was present to answer questions from the Council, stating that the land would be leased from the college, and that the rent would be lower for college students than for the general public. There being no other speakers, the Mayor closed the public hearing. Councilman McFarland voiced concern about rezoning the subject property from Institutional and Recrea- tional to High Density Residential. Discussion followed regarding the number of units per acre. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the Negative Declaration of Environmental Impact was accepted as meeting the Resolution 77-135 requirements of the law, and Resolution 77-135, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -77-3H, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti NOES: Council Members: McFarland, Smallwood ABSENT: Council Members: None On further motion by Councilman McFarland, seconded by Vice Mayor Hammett, and carried, authorization was given to initiate the rezone of the AP parcel fronting on Newport Boulevard to I and R, and to rezone the C2 parcel south of Vanguard Way to R2. Public Hearing The Clerk announced that this was the time and place GP -77-3J set for the public hearing to consider General Plan Case 1 Amendment GP -77-3J, Case 1, Costa Mesa Planning Commission, to consider alternative General Plan Held Over and/or zoning amendments for property located west of Bear Street between the San Diego Freeway and Yukon Avenue. Environmental Determination: Nega- tive Declaration. The Affidavit of Publication is on file in the Clerk's office. The Planning staff and Planning Commission recommended rezoning the Bear Street Park site from Al to I and R; the remaining 1.7 acres of Al property rezoned to Rl; and the three acre corner parcel rezoned from C1 -CP to R1. One letter in opposition to the request was received.from Marilyn Grant, 941 Tanana Place, Costa Mesa. A letter was received from Don R. Adkinson, 550'Newport Center Drive, Suite 800, Newport Beach, attorney for William J. Cagney, owner of a portion of the property in question, asking that the hearing be postponed until the next meeting or later. Speaking in favor .of retaining the present Low Density designation was Charles A. Ritter, 905 Peace Place, Costa Mesa, asking that the Council consider the problem of increased traffic.inherent in a higher density designation, particularly with regard to the school and park already established on Bear Street. Also speaking in opposition to any change to higher density was Alfonso Abal.os, 932 Mackenzie Place, Costa Mesa, and Clara Berg,'3097 Yukon Avenue, Costa Mesa. Doug Clark of the Planning staff explained that the re- quested action at this time was to initiate a rezone and that there would'be at least two months to dis- cuss various options with property owners before the 6 1 1 actual rezone action would come before the Council. Speaking in favor of Option I was Douglas Watson, 905 Tanana Place, Costa Mesa. Julian Berg, 3097 Yukon Avenue, Costa Mesa, spoke in opposition to any commercial designation for the area in question. Councilwoman Smallwood spoke in favor of delaying the hearing as requested by Mr. Adkinson. After discussion, on motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the public hearing was continued to the meeting of December 5, 1977. Vice Mayor Hammett Vice Mayor Hammett left the meeting at 9:25 p.m. citing Leaves a possible conflict of interest regarding the next item on the agenda. Public Hearing The Clerk announced that this was the time and place GP -77-3J set for the public -hearing to consider General Plan Case 2 Amendment GP -77-3J, Case 2, Costa Mesa Planning Com- mission, to consider alternative 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 Deter- mination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. One 'communication in -favor of"the request has been received from Dr. Harold Cozen, 1600 Cataluna, Palos Verdes Estates. A letter- in opposition to the amendment was received from'Ray N. Mayemura, owner of property in the area under consideration. Three options are outlined .in the study document entitled, "General Plan Review, October, 1977". `Option I would amend the General Plan within the study area to conform with the existing zon- ing and development. Option II is similar to Option I for property south of Baker Street, but would retain existing High Density Residential designation of property north of Baker Street, with a subsequent rezone to R2. Option III is similar to Option II with addi- tional recommendations for parcels located west of Bristol Street between Paularino Avenue and Baker Street. The Planning staff recommended approval of Option III. The Planning Commission also recommended approval of Option III, with additional rezoning as follows: Rezone of M1 parcels along Randolph Avenue and Century Place to MG, rezone 771 Baker Street to C2, and rezone Cl parcels north of Baker Street to R2, and also recommended that the Planning staff be directed to prepare a Specific Plan for the properties located on the north side of Baker Street. Mike Robinson of the Planning staff stated that although Mr. Mayemura had written a letter requesting the property retain.C1 zoning, he had since applied for R3 zoning. Larry Gilbert, 3038 Mountain View Drive, Costa.Mesa, stated he intends to purchase Mr. Mayemura`s property if it is rezoned to R3. After discussion, it was determined that a request for R3 zoning for this property could be evaluated when the actual rezone comes before the Council at a later date. Jean Robins, 1801 Tahiti Drive, Costa Mesa, asked that the Council take into consideration vehicular traffic flow before initiating any change in zoning. Michael Ray, 188 East l7th�Street, Costa Mesa, addressed the Council as representative of James Ray, 4720 Cortland Avenue, Corona del'Mar; Mrs. Campbell and her son, Ervin, 760 Baker Street, Costa Mesa; and the Crank brothers of Crank Brothers Roofing Company, 126 Commer- cial Way, Costa Mesa, all owners of property on Baker Street, spoke in favor of rezoning the subject property to R3. There being no other speakers, the Mayor closed the public hearing. Councilman McFarland spoke in favor of rezoining the property to R2 with the possi- bility of rezoning to R3 should lots be combined and a 1 1 desirable project be proposed in the future. On motion by Councilman McFarland, seconded by Council- woman Smallwood, the Negative Declaration of Environmental Impact was accepted as meeting the Resolution 77-136 requirements of the law, and Resolution 77-136, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -77-3J, CASE 2, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett On further motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Vice Mayor Hammett absent, authorization was given to initiate the rezones as presented in Option III, with the additional rezones recommended by the Planning Com- mission. On -additional motion by Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the Planning staff was directed to prepare a Specific Plan for the area. Vice Mayor Vice Mayor Hammett returned to the meeting at Hammett Returns 9:45 p.m. Public Hearing The Clerk announced that this was the time and place GP -77-3J set for the public hearing for General Plan Amendment Case 3 GP -77-3J, Case'3, Costa Mesa .Planning Commission, to consider alternative General Plan and/or zoning amendments-for:property located between 2751 and 2881 (odd numbers only) Bristol Street and west of the Corona del Mar Freeway frontage road, south of St. Clair Street. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. One communication in favor of the request has been received from Betty Vrebalovich, 2737 San Lucas Lane, Costa Mesa. A letter in opposi- tion to the request has been received from Alexander S. Rados, Rados"Enterprises, 2041 East Wilshire Avenue, Santa Ana. Option I of the study document retains the existing Low Density designation of the parcels. Option II proposes a change to either Medium or High Density Residential. Option III would amend the designation of the southern parcels to General Commercial, with subsequent rezone from C2 and C1 -CP to CL. Because of the isolated nature of the two parcels north of the flood control channel, all options indicate these parcels for High Density Resi- dential use, and recommend a rezoning of Parcel 1 to R2. The Planning staff and Planning Commission recommended approval of Option I. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilman Raciti, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the Resolution 77-137 law, and Resolution 77-137, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -77-3J, CASE 3, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was 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 _1!;:0 On further motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, Councilman McFar- land abstaining, authorization was given to initiate a rezone of Parcel 1 to R2, and Parcels 3 through 8 to CL. Public Hearing The Clerk announced that this was the time and place GP -77-3J set for the public hearing for General Plan Amendment Case 4 GP -77-3J, Case 4, Costa Mesa Planning Commission, to consider alternative General Plan and/or zoning amendments for,p.roperty located on The Masters Circle, on Bristol -Street, and at 2902 Red Hill Ave- nue. Environmental Determination: Negative Declara- tion. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning staff, and Planning Commission recommended approval of the request and subsequent rezoning of the property from Ml to C1 -CP and C2 -CP. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilman Raciti,-the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the Resolution 77-138 law, and Resolution 77-138, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP7-77-3J, CASE 4, AMENDING THE GENERAL PLAN 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 On further motion by Vice Mayor Hammett, seconded by Councilman McFarland;,and carried, authorization was given Ito -initiate -rezoning of the property from M1 to C1 -CP and C2 -CP: Public Hearing The Clerk announced that this was the time and place GP -77-3J set for the public hearing for General Plan Amendment Case 5 GP -77-3J, Case'5, Costa Mesa Planning Commission, to consider alternative General -Plan and/or zoning amendments for property located. at 125 Baker Street and 150 Paularino Avenue. Environmental Determina- tion:. Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning staff and Planning Commission recommended retaining the existing General Plan designation of.Industrial Park, but requiring a rezone of the properties from C1 -CP to CL zoning. There 'being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and authorization was given to initiate rezoning of the property from Cl -CP to CL. Initiative The City Clerk -stated that pursuant to Section 3707, Petition California Elections Code, sufficient signatures in the amount of 4,347 were found on the North Costa Mesa Homeowners Association initiative petition to rezone property''located in the vicinity of the northeast corner of Bear Street and the San Diego Freeway, to R1,,Low Density Residential. In a detailed report, the City Attorney outlined possible alternatives -available to the Council in considera- tion of this item. The City Clerk read a letter from Michael T. McLaughlin, 925 Crocus Circle, Costa Mesa, requesting that the Council -adopt the ordinance con tained in the petition.as submitted, or that it be placed on'the ballot of the -next regular municipal election of the City of Costa -Mesa. Speaking in favor of the proposed ordinance was Attorney Allan Tebbetts, 120 Linden Avenue, Long Beach, representing the North Costa Mesa Homeowners Association, who gave his interpretation of the legal alternatives available to the Council. Attorney Mike McCormick of the firm of Rutan and.Tucker, 401 Civic Center Drive, Santa Ana, representing.the owners of the property in question, was present to answer questions from the Council, and advised of his client's intention to file suit in the event that the ordinance is submitted to the voters, asking the court to prevent an election on this issue. Henry Roberts-, Jr., 351 Las Palmas Drive, Fullerton, expressed his regret at being drawn into a law suit, and asked if it might be possible for Council to sub- mit an alternative ordinance to the voters. The City Attorney stated that this was one of the alternatives provided for in the California Elections Code. Paul Diehl, 1092 Santa Cruz Circle, President of the North Costa Mesa Homeowners Association, expressed his opinion that the Council had no recourse except to either adopt the ordinance as submitted or place it before the voters. Darrilyn Oliver, 3077 Yukon Ave- -„nue, spoke in favor of submitting the ordinance to -the voters at the next election. Vice Mayor Hammett _voiced concern and regret over_the series of circum- stances which led to the present situation and stated he felt there was no alternative but to place the question before the voters. Discussion followed with Councilwoman"Smallwood expressing concern that the outcome of this particular situation may establish a precedent with far-reaching implications throughout the State. A lengthy discussion followed regarding possible available alternatives. Councilman McFarland stated that he was against using the initiative pro- cess to change the zoning of the subject property, and felt that the requested R1 zoning would not be appro- priate for this particular area. After further discussion, on motion by Councilman Raciti, seconded by Vice Mayor Hammett, and carried, Councilman McFar- land voting no, the initiative ordinance was ordered placed on the March 7, 1978, ballot, with pro and con statements to be included on the ballot. Trailer Permit A request for renewal of a trailer permit by the Perkin-Elmer Perkin-Elmer Corporation, 2930 Bristol Street, for two trailers for one year at that address, was pre - Denied sented. The applicant was not present. Councilman Raciti spoke in favor of extending the permit as requested. After discussion, on motion by Council- woman Smallwood, seconded by Councilman McFarland, and carried, Councilman Raciti voting no, and Vice Mayor Hammett abstaining, the request was denied and the trailers ordered removed by 12:00 p.m. on December 5, 1977. ZE-77-217 A request from Councilman McFarland to review the Von Hemert Planning Commission's decision on Zone Exception ZE-77-217, Ted and Barry Von Hemert, 1727 Westcliff Hearing Set Drive, Newport Beach, for a variance from the Sign Ordinance for property located at 1595 Newport Boule- vard, was presented. The applicant was present. On motion by Councilwoman Smallwood, seconded by Council- man McFarland, and carried, the hearing was set for the meeting of November 21, 1977, at 6:30 p.m. ZE-77-215 A request for clarification by Council in connection and RA -77-13 with Zone Exception ZE-77-215 and Redevelopment - Ragan Action RA -77-13, Terrence and Sheila Ragan, No. 8 Collins Island, Balboa, concerning the applicant's Hearing Set request to convert!79 existing apartment units to condominiums, located at the southwest corner of Anaheim Avenue and,Center Street, was presented. On motion by Councilwoman Smallwood, seconded by Council- man McFarland, -and carried, the hearing was set for the meeting of December 5, 1977, at 6:30 p.m. Adjournment At 11:30 p.m.,`the Mayor declared the meeting adjourned to an Executive Session on November 9, 1977, at 4:00 p.m., in the fifth floor Conference Room of City Hall, for the purpose of discussing pending litigation and staff salary. 4) �, Vd Ma or of the City OtA&a Mesa ATTEST: City Clerk of the City of CosVd Mesa S 1 1