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HomeMy WebLinkAbout11/21/1977 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 21, 1977 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., November 21, 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 Monsignor Thomas J. Nevin, St. Joachim Catholic 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 Councilman McFarland, seconded by November 7 and Councilman Raciti, and carried, the -minutes of the November 9, 1977 regular meeting of November 7, 1977., .and the adjourned meeting of November.9, 1977, were approved as dis- tributed and posted as there were no corrections. Ordinances On motion by.Councilman McFarland, seconded by Councilman Raciti, and carried, all ordinances will be read by title only. CONSENT CALENDAR. The following item was removed from the Consent.Calendar: Item 17b, award of Bid Item 369, Revision A. 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, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Award for Costa A letter from Jann Church Advertising and Graphic Mesa Annual Design, 220 Newpor.t,Center Drive, Newport Beach, Report enclosing an award for excellence received in the Ninth Annual ITCA Competition for Typographic Design, for the design of the Costa Mesa Annual Report, was received and processed. Senate Bill 346 Peripheral Canal Resolution 77-140 On motion by Councilwoman Smallwood, seconded by Councilman McFarland, Resolution 77-140, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ENDORSING SENATE BILL -346, FOR CONSTRUCTION OF A PERIPHERAL CANAL, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES:. Council -Members: None ABSENT: Council Members: None 1 1 1"c 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: Automobile Club of Southern California on behalf of Linda Kay Anliker; and Mrs. Gerald Trudeau on behalf of Michael E. Trudeau. Public Utilities Application of Southern California Edison Commission Company for review and consideration of time - of -use pricing tariff pursuant to the order in Decision No. 85559 in Case No. 9804 as modi- fied by Decision. No. 86543. Application No. 57639 from.Southern California Gas Company for authority to increase rates charged for gas service. Vector Control Minutes of the 369th meeting of the Orange District County Vector Control District, held on Strickler October 20, 1977. Alcoholic Beverage Alcoholic Beverage License applications for Licenses which parking has been approved by Planning: Maureen M. Kemp, doing business as Chalet, 2645 Claim - Brass Harbor Boulevard; The Southland Corporation, Smallwood, seconded doing business as 7 -Eleven Food Store No. 2113- Denied 13795,.1097 Baker Street; Arthur H. Johnson, carried, the claim Jr., doing business as Spirit Shoppe, 2602 Newport Boulevard; Great American Restaurants, Brass was denied. Incorporated, doing business as The Big Yellow House, 3010 Harbor Boulevard; and Waddell Enterprises, Incorporated, doing business as End - Denver Mining Company, 719-21-23 West 19th Reading.Folder Street. Business Permit A request for an entertainment permit from Waddell, Incorporated, Denver Mining Company, -719 West 19th Denver Mining Street, was approved subject to one condition of Company the Revenue Department. Set for Public The following items were set for public hearing on Hearing December 5, 1977, at 6:30 p.m., in the Council Chambers of City Hall: R-77-36 Prezone Petition R-77-36, M. D. Janes Company, Janes 17932 Sky Park, Suite D, Irvine, as authorized agent for Leland B. Fogg and Agatha Fogg Mackie, for permission toprezone property located at 2267 Pacific Avenue from County R4 to City R2. Environmental Determination: Negative Declaration. R-77-37 Rezone Petition R-77-37, Joseph Colombo, as Colombo authorized agent for Southern California College, 55 Fair Drive, Costa Mesa, for,per- mission to rezone property located at 2330 Vanguard Way, from I and R to R4. Environ- mental Determination: Negative Declaration for General Plan Amendment GP -77-3H accepted by Council on November 7, 1977. Claim - On motion by Councilwoman Smallwood, seconded by Strickler Councilman..McFarland, and carried, the claim of Denied Heather Strickler was denied. Claim - Brass On motion by Councilwoman Smallwood, seconded by Denied Councilman McFarland, and carried, the claim of Toni M. Brass and Patricia Brass was denied. Claim - Rogers- On motion by Councilwoman Smallwood, seconded by Denied Councilman McParland, and carried, the claim of Brenda Rogers was denied. Claim - On motion by Councilwoman Smallwood, seconded by Cortina Councilman McFarland, and carried, the claim of Denied Diana Cortina and Federico Cortina was denied. Claim - Scott On motion by Councilwoman Smallwood, seconded by Denied Councilman McFarland, and carried, the claim of James,Scott and Joan Scott was denied. Claim - Dietsch On motion by Councilwoman Smallwood, seconded by Denied Councilman McFarland, and carried, the claim of Thomas Dietsch was denied. Claim - Manrow On motion by Councilwoman Smallwood, seconded by and Johnson Councilman McFarland, and carried, the claim of Denied William E. Manrow III and, -Dorothy D. Johnson was denied. Authority to On motion by Councilwoman Smallwood, seconded by Sign Documents Councilman McFarland, Resolution 77-141, being A for HCDA RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ASSISTANT CITY Resolution 77-141 MANAGER FOR COMMUNITY DEVELOPMENT TO SIGN LIEN DOCUMENTS RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM, was adopted by the following roll call vote:, AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 364 One bid received for Bid Item 364, for the furnish - Standby Power ing oflabor and material to furnish and install System a standby.electrical.power system, is on file in the Clerk's office. On motion by Councilwoman Smallwood, Awarded seconded'by Councilman McFarland, the bid was awarded Equipment Service to Equipment Service Company, 3431 Cherry Avenue, Company Long Beach, in the amount of $35,361.22, being the only 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 Conference On motion by Councilwoman Smallwood, seconded by Advance Councilman McFarland, Conference.Advances for Vice Mayor Hammett and Councilman McFarland to attend the 1977 Congress of Cities and Exposition in San Francisco, December 3 through 7, 1977, were approved in the amount of $150.00 each, -by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 369 Item,17b on the Consent Calendar, award of Bid Item - Revision A 369, Revision A,.one each tractor -loader, was pre - Tractor -loader sented. Dan Hardy; representing Artesia Implement, one of -the bidders on this item,,was present to Held Over offer: -additional information.to-be considered by the Council in awarding the bid. The City Manager recommended'that this item be held over so that the Purchasing Agent could. have an opportunity to re- evaluate the additional information. On motion by Vice Mayor Hammett, seconded by Councilwoman Smal1- wood,.and carried, this item -was held over to the meeting of December 5, 1977. Warrant On motion by Councilwoman Smallwood, seconded by Resolution 1012 Councilman McFarland, Warrant Resolution 1012 was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Councilman McFarland, seconded by 'Resolution 1013 Councilwoman Smallwood, Warrant Resolution 1013, including Payroll 7723, was approved by the follow- ing roll call vote: AYES' Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Initiative The City Attorney requested discussion and direction Measure with regard to the Council alternatives pertaining to the Initiative Measure. The•City Attorney requested the Council consideration of the following options: (1) preparation of an alternative Council Initiative to be placed on the ballot; (2) prepara- tion by the City Attorney of a legal analysis of the pending Initiative; (3) preparation of arguments for and against the Initiative Measure; and (4) prepara- tion by staff, or an outside consultant, of a fair and impartial statement of facts relating to the Initiative Measure. During consideration of these points, no support was expressed by the Council for placing an alternative measure on the ballot. In regard to preparation of arguments, Vice Mayor Hammett made a motion, seconded -by Councilwoman Smallwood, and carried, Councilman Raciti voting no, that the City Attorney be directed to prepare for the Council's consideration,.arguments expressing the Council's position with regard to the Initiative Measure. Further discussion followed with regard to preparation of a -fair and impartial statement of facts and Councilman McFarland made a motion to hire an outside consultant for this purpose at a cost not to exceed $10,000.00. After consideration, Council- man McFarland amended his motion, which was seconded by Councilwoman Smallwood, and carried, Vice Mayor Hammett and Councilman Raciti voting no, directing the City staff to prepare a fair and impartial statement of facts to be mailed to the registered voters within the City. Reimbursement' On recommendation by the City Attorney, the Council of Towing Charges authorized reimbursement of towingfees to Sidney.L. Soffer, 900 Arbor Street, Costa Mesa, in the amount of $127.50, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None .ABSENT: Council Members: None Council Policy The City Manager presented Policy 000-3 concerning No. 000-3 liability claims procedure. This policy establishes Liability Claims authority for settlement of claims as follows: (1) Procedure Iunder $1,000.00, by Kautz and Company, the City's 1 claims adjuster; (2). claims between $1,000.00 and $5,000.00, to be reviewed and approved by the City's Insurance Committee; (3) claims over. $5,000.00, by Council approval. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, Policy 000-3 was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Council on On motion by Councilman Raciti, seconded by Council - Criminal Justice. man McFarland, Resolution.77-142, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OY COSTA MESA, AUTHOR - Resolution 77-142 IZING SUBMISSION OF-APPLICATION!FOR.GRANT FOR LAW ENFORCEMENT PURPOSES TO -THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE, was adopted by'.the-following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Waiver of Fees - The City Manager.presented a requestfromSouth Coast South Coast Repertory,Theatre to waive the building permit and Repertory Theatre other City fees concerning the new theatre to be constructed. Inasmuch as this -will be a nonprofit facility within the -community,, -the City Manager recommended approval. On motion by Councilman Raciti, seconded by 'Councilman McFarland, the request was approved.by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, NOES: Council'Members: None ABSENT:, Council Members: None ABSTAINING: Council Members: Smallwood ...Public Hearing The Clerk announced that this was.the time and place GP -77-2E - set for the public hearing, continued from the meet- Cagney ing of September 19, 1977, to consider General Plan Amendment GP -77-2E, William J. Cagney, 550 Newport Held Over Center'Drive; Suite.434, Newport Beach,. for permission to amend the .land use.designation.of.property located along the north side of.Baker Street, east of Babb Street, from Low Density Residential to Medium Density Residential. Environmental. Determination: Negative Declaration. A letter has-been received from Attorney Don Adkinson,.representing the applicant, requesting a continuance of the hearing to December 19, 1977. Mr. Adkinson was present to further support this request because of. -the withdrawal of Long Beach Construction Company from -the project and resulting in the need to re -assess development of the property. Councilman Raciti made'a motion to deny the. General Plan Amend- ment and initiate a rezone of the property to R1. This motion died::for:lack of a second. On motion by Councilwoman Smallwood, seconded.by Councilman McFarland, and carried, Councilman..Raciti voting no, the public hearing was continued to the meeting of December 19,-1977, as requested.by the applicant. Appeal Hearing The Clerk announced that this was the time and place ZE-77-190 - set for the appeal hearing, continued from the meet - Thompson ing of October 3, 1977, for Zone Exception ZE-77-190, Robert M. Thompson, representing Fleet Marine_ Services, Held Over 2622 Newport Boulevard, Newport.Beach,-for a variance for reduction in parking for an existing bar to allow use of a portion of the property as a boat sales 1 Recess The Mayor declared a recess at 8:15 p.m., and the meeting reconvened at 8:25 p.m. Public Hearing The Clerk announced that this was the.time and place Doctors Ambulance set for the public hearing, continued from the meet - Service ing of November 7, 1977, to consider .an application fora Certificate of Public Convenience and Necessity Held Over from Doctors:Ambulance Service, 105 South Prospect Avenue, Tustin. A continuance has been requested by facility with a Conditional Use. Permit for outdoor storage, and -a variance°from required landscaping, in a C2 zone located at 1970-1984 Newport Boulevard. Environmental Determination: Exempt. The Planning Director indicated he had received.a telephone request from the applicant for a continuance to the next meet- ing. On motion by'Councilwoman Smallwood, seconded by Councilman McFarland, and carried, the hearing was continued to the meeting of.December 5, 1977, at 6:30 p.m. Appeal Hearing The Clerk announced that this was the time and place ZE-77-189 and set for the appeal hearing, continued.from the meet - RA -77-07 - ing_of November 7, 1977, for Zone Exception ZE-77-189 Grimley and Redevelopment Action RA -77-07, John Grimley, 1843 Jamaica Road, Costa Mesa, for a variance to encroach into the rear yard setback and to allow a 10.5 per- cent density deviation to constructa triplex at 129 Broadway, in a Cl zone (pending R2). Environmental Determination: Exempt. The Planning staff, the Planning Commission, and the Redevelopment Agency have recommended denialof the request. The Planning Director went over optional development plans for the property which are detailed in a memo to the Council dated'November 17, 1977. The applicant was present and spoke.in support of his request, indicating a preference to combine the subject property with the parcel to the•east as suggested inthe staff's Option II, but disagreed with the staff's conclusion that -physical integration of these lots would not be prac- tical. During discussion, a concern was expressed that if the lots are combined, an attempt should be made to attain visual compatibility between the new units and the existing units. To accomplish this request, the Planning_Director recommended that the following condition be added: Prior to the issuance of'building permits, elevation drawings showing the proposed exterior treatment of the two existing structures shall be submitted for Planning Department review and approval. Attention shall be given to integrating the appearance of the old and new structures. In addition, the Planning Director recommended the following condition to address the lot combination: A reversion to acreage map (or other means of lot combination acceptable to the City Attorney).combining the subject.property with the parcel immediately to the east shall be approved by the City and recorded with the County Recorder prior to release of the three new units for occupancy. There being no other speakers, the Mayor closed the public hearing.` On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements.of the law, the application was approved based on.the combination of lots as previously described, and subject to all conditions of the staff.including those -of the Fire Department, and the additional'two conditions sug- gested by the..Planning Director. Recess The Mayor declared a recess at 8:15 p.m., and the meeting reconvened at 8:25 p.m. Public Hearing The Clerk announced that this was the.time and place Doctors Ambulance set for the public hearing, continued from the meet - Service ing of November 7, 1977, to consider .an application fora Certificate of Public Convenience and Necessity Held Over from Doctors:Ambulance Service, 105 South Prospect Avenue, Tustin. A continuance has been requested by r:: the staff to.compile.further. information for Council. On motion.by.Councilman McFarland, seconded by Councilwoman Smallwood, and carried, the public hear- ing was.. continued to.the meeting of December 5, 1977, at 6:30 p.m. Public Hearing The Clerk announced that this was the time and place ZE-77-217 - set for the public hearing to -review -Zone Exception Von Hemert ZE-77-217, Ted and Barry Von Hemert, 1727 Westcliff Drive, Newport Beach,,for a variance from the Sign Ordinance to exceed maximum letter height and items of information, for three. wall signs, in a C2 zone located at 1595 Newport Boulevard.."Environmental Determination: Exempt. The Affidavits of Publish- ing, Posting, and Mailing are on file -'in the Clerk's office. A communication.in opposition to the request.has been.received from Michael'Kay, 1648-D Newport Boulevard, Costa.Mesa.. Barry.Von Hemert was present in support.of the request, and answered questions from the'.Council. -The Planning Director alerted the Council to an amendment in -the applica- tion changing the requested letter height on the Newport Boulevard.sign from 11-1/2 inches to 16 inches. There..being no.other.speakers, the Mayor closed the public.hearing. After discussion, on motion by Councilman Raciti, seconded by Council- woman Smallwood, and carried, Councilman McFarland voting.no,.the Exempt Declaration of -Environmental Impact was accepted as.meeting the requirements of the law, and the application approved as requested. Public Hearing The Clerk announced that this was. -the time and place Title 13 set for the public hearing -to consider a proposed Amendment ordinance amending Title 13 of the Costa Mesa Muni- cipal "Code, adopting a definition for "bedroom" and providing refer.ences.thereto. The Affidavit of Pub- lication is --on file in the Clerk's office. No communications have.been received. There being no speakers, the Mayor closed the public hearing. On motion .by Councilman McFarland,.seconded by Council - Ordinance 77-60 woman Smallwood, Ordinance 77-6.0, being AN ORDINANCE First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING TITLE 13 OF THE.COSTA.MESA MUNICIPAL CODE ADOPTING A.DEFINITION FOR "BEDROOM" AND PROVIDING REFERENCES.THERETO, 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 Request for The Mayor requested a review,of Zone Exception ZE- Review - 77-226, Cadillac-Fairview,.California, Incorporated, ZE-77-22.6 3001 South Harbor Boulevard,, Santa Ana, which was Cadillac -Fairview approved by the Planning .Commission at their meet- .ing of.November 14, 1977— On motion by Vice Mayor Hearing Set Hammett, seconded by -Councilman McFarland, and carried, the request was approved and the hearing date set for December 5, 1977, at 6:30 p.m. Public Hearing The Clerk announced that this was the..time and place Development. -set-for the public hearing to consider a proposed Standards ordinance amending Section -13-828, Development Standards, Costa Mesa Municipal. Code. The Affidavit of Publication is on file.in..the Clerk's office. No communications have been.received. There being no speakers,.the Mayor closed the.public hearing. On motion by Councilman Raciti, seconded by Mayor 1 1 1 "Ordinance.77-6.1 Hertzog, Ordinance 77--61, being.AN ORDINANCE OF THE First Reading CITY°'COUNCIL`.'OF`THE.CITY OY COSTA -MESA, CALIFORNIA, AMENDING SECTION 13-828.,. DEVELOPMENT STANDARDS, COSTA MESA MUNICIPAL CODE,.was.given`first reading and passed to second reading by the following roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council -Members: None Public Hearing The Clerk announced that this was the time and place GP -77-3B set for the public hearing to consider General Plan Langston Amendment GP -77-3B, Bill Langston as authorized agent for Edker Pope, 1761 -Reynolds Avenue, Irvine, 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 alternative zoning and General Plan amendments for the property located south of Baker Street, east of Bristol Street, and north of the Corona del Mar Free- way. Environmental Determination: Negative Declara- tion. The Affidavit of Publication is on file in the Clerk's office. A communication -in support of the request has been received from Dr. Harold Cozen, 1600 Cataluna Place, Palos Verdes Estates. A communica- tion in opposition to the request has been received 'from Francis W. Sullivan, 481 Wynola.Street, Pacific Palisades. The study document entitled, "General Plan Review - October 1977", discusses various land use options for development of the subject properties. The Planning staff recommended approval of Option III with regard to this amendment. After discussions with certain property owners, the staff has amended their recommendation for the property located north of Randolph Avenue to -reflect the desiresof the property owners as follows: amend the General Plan designa- tion of the C2'parcel located at the northeast corner of Bristol Street and Randolph Avenue to General Com- mercial, and Anitiate rezones of the two AP parcels to the east to CL, and the eastern most parcel pr.es- ently AP -CP to MG. This amended staff recommendation of Option III,.not presented in the study document, is now referred to as Option IV. Bill Langston, repre- senting 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 Councilwoman Smallwood, seconded by Council- man Raciti, the Negative Declaration of Environmental Resolution 77-143 Impact was adopted, and Resolution 77-143, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL..PLAN AMENDMENT GP -77-3B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted, based on Option IV recom- mended by staff, 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 Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, the staff was authorized to initiate rezone petitions in accordance with Option IV. Public Hearing The Clerk announced that this was the time and place GP -77-3C set for the public hearing to consider General Plan Williams Amendment GP -77-3C, Barry K. Williams, 901 Dove Street, Newport Beach, for permission to amend the P- 9:�). DA -1 s. Resolution 77-144 .. . land use designation._of property located between 2500 and-2534`(ev'en numbers -only.) Newport Boule- vard, 120 Monte Vista Avenue, and 2517 and 2523 Elden Avenue, from Neighborhood Commercial and Medium Density Res.idential.to High Density Resi- dential, and to consider -alternative General Plan and/or zoning amendments for property located between 122 and 136 Monte Vista.Avenue, and 2505, 2515, 2525, and 2527 Elden Avenue. Environmental Determination: Negative Declaration. The Affi- davit of -Publication is'on file in the Clerk's office. A letter, in support of� ° the_ request has been received from. Gilbert Y. Brown' --7356 Pyramid Place, Los Angeles. .The Planning staff recommended approval of land use Option III of the General Plan, Review. This option would permit the applicant to develop the property as planned.. That portion of the property along Elden Avenue -would maintain a density permitted in the existing medium density land use designation, while the remaining property could then be developed.a.t a density consistent with.the high.density designation... Also, the auto repair f acility...on Monte.Vista Avenue would be rezoned' -to R2: and: become a legal --nonconforming use. The Planning Commission concurred with Option III with:.one modification that.those.parcels fronting on Newport -Boulevard adjacent to the.subject property, as.far..north as -Del Mar' -Avenue, which are currently -.zoned. -'C2, be rezoned-.to::Cl-CP. The Plan- ning Commission's recommendation., 'which is not included in the;.study documen.t,.will be known as Option IV-. The: applicant was present to answer questions from the Council. Roger Smith, owner of the auto repair facility at.1.20-Monte Vista Avenue, was present and asked how long he could operate this business as asnonconforming-:use and, if .sold, could the same use be continued. Mr. Smith was advised.'that.the minimum amount of time he would be permitted to operate as a nonconforming use would be approximately'20.years,�and that transfer of .ownership would,not.affect.the-use. . There being no other. speakers,'the Mayor closed the public hearing. Vice Mayor Hammett_ expressed concern about the pro- posed rezoning: of:, the auto -repair -facility. After discussion,_on:motion.by Councilman McFarland, seconded by:Councilwoman Smallwood; the Negative Declaration:of.Enviro.nmental Impact was adopted, and Resolutio.n.77-144, being.A RESOLUTION OF THE CITY COUNCIL OY THE_CITY OF COSTA MESA, CALIFORNIA, AD015TIN.G:-.GENERAL-PLAN...AMENDMENT'GP-77-3C, AMENDING THE GENERAL PLAN OF -THE -CITY OF:. -.COSTA MESA, was adopted, -based on,Optiori IV as.recommended by the Planning Commission, by the following roll call vote: AYES:.. Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: Hammett ABSENT: Council Members: None On motion.by Councilman.MeFarland, seconded by Mayor Hertzog,.And carried, the staff -was authorized to initiate rezones in accordance with Option IV as recommended by the Planning Commission. Public Hearing The Clerk announced that this was the time and place GP -77-3E set for the.public hearing to consider General Plan Abdalian/Stuart Amendment GP -77-3E; Kathrina Abdalian and Zepher Stuart, 105 Emerald Bay, Laguna Beach, for permis- sion to amend the,land use designation of property located at 1.625; 1631,.and:1637.Irvine Avenue, from 1 1 1 Low Density Residential to Medium Density Residential. Environmental Determination: Negative Declaration. The Affidavit,of Publication is on file in the Clerk's office. Communications in opposition to the request have been received from the following Costa Mesa residents: Edward .and Dorothy Balogh, 488 Ogle Street; Elizabeth D. and Arthur J. Bilava, 478 Ogle Street; Mr.-and.Mrs. Herbert G. Meyer, 483 Ogle Street; D. W. Jo.hnson,.474 Ogle Street; Billie A. Steele, 244 Ogle Street;.and Marshall J. Styll, 473 Ogle Street. The Planning Commission recommended approval of ..land use Option II of the General Plan Review. The Planning staff originally recommended approval of Option II, but in subsequently addressing concerns of adjacent property owners, have amended this -recommendation to exclude the proposed rezone of the properties involved to R2. The revised recommen- dation is referred to as Option III. The study area comprises three lots, the middle property being owned by the applicant. During the discussion, a suggestion was made concerning the possibility of joining the applicant's property.with the adjacent property to the north for a combined project. Jim Cobb was present, representing the applicant, and spoke in support of the staff's original recommendation,'and did not favor joining the two lots as suggested. Marshall Styl1, 473.Ogle Street; expressed his concern that if the property to the north received an R2 designation, this may result in redevelopment of the property to a two- story building, thereby encroaching on the privacy of the adjacent single-family residences. Nick Ogilvie, 479 East 16th Place, suggested an alternative develop- ment of the applicant's property compatible with the property to the south. There being no other speakers, the Mayor .closed the public hearing. During the dis- cussion which followed, the staff suggested that if additional development standards are desired,by the Council, these could be imposed through the Specific Development Plan. On motion by Councilwoman Small- wood, seconded'. by, Councilman�_McFarland, the Negative Declaration of Environmental Impact was adopted, and Resolution 77-145 Resolution 77-145, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF :COSTA MESA, CALIFORNIA, ADOPT- ING"GENERAL PLAN AMENDMENT GP -77-3E, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted in accordance with Option III as recommended by staff, by the following -roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place GP -77-3F set'for the public hearing to consider General Plan Nourse Amendment GP -77-3F, Peter`Nourse, 901 Dover Drive, Suite 110, Newport Beach, for permission to amend the land use designation of property located at 1671 Tustin Avenue from Low -Density Residential to Medium Density Residential, and additional General Plan and/or zoning amendments -for `the 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. The Affidavit of Publication is on file in the Clerk's office. Communications in opposition to the.request have been received from the following Costa Mesa property owners: Mr. and Mrs. Alex E. Miller.- 266 Palmer Street; Mr. and Mrs. War- ren S. Althoff, 1523 Orange Avenue; Leslie and Emma 0 Evans,. 327 .Eas.t. 16th Place; Don.. E., New, 222 East 15th Street; Wilfrid and Ida I.:.Wilkinson, 227 Palmer Stree.t.;.Frank Eisendrath, 1300--Kings':Road, Newport Beach, owner of property at:1579, 1585 Redlands Place; 1588 Riverside Place, and 1596 San Bernardino Place; Charles V. Hanson, -372 East 16th Street; James.C. Robert's; 209 Vista Baya; Mrs. I. C. Hayes, .1578 Santa Ana Avenue.;.Mrs. Allan,A.. Ritter, 316 Ramona Place;_ Thomas.E. Morse, 255 Knox Street; William -J. and Nancy Dunlap., '214 -Knox Place; Del Lar- son, owner of property at 295 East 16th Street; W. R. and B. M. Van Deventer, owners ofproperty at 1510 and 1512 Westminster Avenue; and Violet L. Brumley., 221 Palmer Street.. Also submitted -in -opposition to the amendment were four separate petitions containing 223, 39, 76, and 8 signatures. A letter in support of the amendment was.received from James,.W. Reid, Jr., R and F Construction'.Company, Incorporated, 345 East 23rd Street.. -Communications in support of develop- ments proposed by George Woods were received from Carolyn Hansen, representing.Monte Vista PTA, 354 Lourdes Lane, Costa Mesa, and Judy Fraser, 2611 Red- lands Drive, Costa Mesa. Jane L. Parry and Billie Steele.of-JEB Enterprises, submitted a request for R3 zoning on:their'property-at 224 Ogle Street. The Planning Department recommended approval of land use Option III -of the General -Plan Review. The Planning Commission recommended a fourth land.use option which supports: all of the recommendations outlined in Option III with the exception of the properties located on San Bernardino, Redlands, and.Riverside Places, 283 Knox.Street, and 1563.and.1565 Santa. Ana Avenue, which are recommended.to remain in -the R2'zone.. Pearl Sze, owner.of property.at 1502 Orange.Avenue, was present, representing..a group of homeowners who -have previously submit.ted.a petition requesting the zoning to remain unchanged on their properties. .The following property owners requested to,retaim the present R2 zoning on their properties and spoke..in opposition:to the staff's proposed rezone to Rl: -Larry Doty.,. 1592 Riverside Place; Lynn'Bonas,11596 Redlands Place; David Douglas, 1584 Riverside'Rlace; Steve Pattison,_.1597.Riverside Place; and Melvin Sleener,1585-Riverside Place. Erna Jackson, 285 Palmer Street,.requested retention of the R2 zoning on her prop.erty.and asked other property owners in the.au.dience, also.r'eques.ting R2 zoning, to stand.in support of their request. A large number responded.in this regard.. Frank Eisendrath, owner of properties at 1585 and 1579 Redlands Place, 1588 River- side Place, and 1596 San Bernardino.P.lace, requested retention of R2 zoning on these properties. James W. Reid,`Jr., representing R and F Construction Company, Incorporated, 345 East 23rd Street, Costa Mesa, re- quested a zone.change to.R3-CP .for:the property at 1656 Orange.Avenue. Mrs.. Gill,.owner of property at 1660 Orange Avenue also requested a zone change for this property to R3 -CP. Gary Johnson,'representing Newport.Heights Community Association, spoke in opposi- tion to allowing' -any higher density for the concern stated that.it:would result in.increased traffic and congestion. Tom:Western, 1527 Santa'.Ana Avenue, re- quested.an explanation of the difference between low and medium density. Dan Jackson requested more information on properties which would become noncon- formin,'uses.if:'the-zone. changes; are approved. There being no other -.speakers, the Mayor,closed the public hearing. Vice Mayor::Hammett:expressedhis preference to vote on Mr.-Nourse.'s request and deal with the other -properties on an individual basis. After further discussion, on motion by Councilman McFarland, seconded by.Councilwoman.Smallwood, the Negative Declaration'of'Envirommental Impact was adopted, Resolution 777-146. -and Resolution 77-146, being"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA. MESA, CALIFORNIA, ADOPTING GENERAL PLAN'AMENDMENT GP -77-3F, AMENDING THE GENERAL PLAN OF THE CI -TY OF COSTA MESA, was adopted in accordance with land use Option IV as recommended by the Planning Commission, with the exception of the parcels -located at 1652, 1656, and 1660 Orange Avenue, which will be changed from Low Density.Residential to High Density Resi- dential, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council Members: Hammett ABSENT: Council Members: None On further motion by Councilman.McFarland, seconded by Councilwoman Smallwood, and carried, Vice Mayor Hammett voting no, the staff was authorized to initiate rezones as recommended by the Planning Commission with the exception of the AP parcels lo- cated at the corner of Orange Avenue and Ogle Street, on which the staff is authorized to initiate a rezone to R2. Municipal Code On motion by Councilman. Raciti., seconded by Council - Supplement man McFarland, renewal of the contract with the Service Municipal Code Corporation, to provide looseleaf supplement service for the Municipal Code of the City of Costa Mesa, was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the fol- lowing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Calling the On motion by Councilman Raciti, seconded by Council - Election man McFarland, Resolution 77-147, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 77-147 FORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE SEVENTH DAY OF MARCH, 1978, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALI- FORNIA RELATING TO GENERAL LAW CITIES, was adopted by the following roll call vote: AYES: Council- Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Initiative On motion by Councilman McFarland, seconded by Measure Councilwoman Smallwood, Resolution 77-148, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Resolution 77-148 MESA, CALIFORNIA, ORDERING THE -SUBMISSION TO THE QUALIFIED VOTERS OF SAID CITY AT THE GENERAL MUNI- CIPAL ELECTION TO BE HELD IN SAID CITY ON MARCH 7, 1978, AN ORDINANCE RELATING TO REZONING OF PROPERTY IN THE VICINITY OF THE SAN DIEGO FREEWAY AND BEAR STREET, 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 for The Clerk presented an application from the Perkin - Rehearing - Elmer'Corporation,,2930 Bristol Street., Costa Mesa, Perkin-Elmer for a rehearing of'trailer permit request which was denied by Council on November 7, 1977. Thomas Hearing Set Evans, representing the applicant, was present in support of the request. On.motion.by Councilman Raciti, seconded by Councilman McFarland, and carried,the request was granted and the hearing date set for December 19, 1977, at 6:30 p.m. Silver Anniversary The Clerk presented a -request forsupportfrom Don Committee Bull, Chairman of the Silver Anniversary Committee. Mr. Bull was present and explained the purpose of the Committee to plan events during.the City's -anni- versary in June, 1978. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, and car- ried, the Council went on record. -in support of this Committee. Request to The Clerk presented an application for appeal from Appeal - James'R. Stallard „ representing Transamerica Insur- ZE-77-219 ance Company; 3420 Bristol Street, Costa Mesa, and Stallard authorized agent for South Coast Plaza, in connec-. tion with Zone Exception ZE-77-219, which was denied Hearing Set by the Planning Commission on November 14, 1977. On motion by Vice Mayor Hammett, seconded by Councilman Raciti, and carried, the request was granted and the hearing.date set for December 19, 1977, at 6:30 p.m. Oral Dan Toal from the County of Orange, GSA Real Estate Communications Division, addressed the Council in regard to a pro- posed' use of certain Costa'Mesa property for a human services agency. The selected site for this activity -is on -property located -in an MG zone which does -not relate to'this use: and --therefore cannot be handled through the zone exception process. The Planning Director suggested., and -the Council con- curred, that the. County submit a letter of appli- cation, including.an outline of the program, which would -then -be -scheduled for a public discussion, with appropriate notification to property owners in the area. If the 'request is received promptly, this matter will be placed on the December 19, 1977, Council agenda. Adjournment At 11:30 p.m., the -Council adjourned to executive session in the first floor Conference Room. After discussion, on motion by Vice.Mayor Hammett, sec- onded by Councilman Raciti, the Council ratified the City Attorney's request to hire outside legal counsel for the reason pertaining to a personnel matter, costs not to exceed $53000.00, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None At 11:55 p.m., the Council reconvened in the Council Chambers and adjourned to November 30, 1977, at 6:45 p.m., at the.Captain's Table, Orange Coast Col- lege, 2701 Fairview Road, Costa Mesa. aAr of the City cj!�J',6eFta Mesa ATTEST: &�r� G.D_ City Clerk of the City of Cos Mesa 1 11 i