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HomeMy WebLinkAbout12/19/1977 - City Council'70 REGULAR MEETING.OF THE CITY COUNCIL CITY OF COSTA MESA December 19, 1977 The City Council of the City.of Costa Mesa met in regular session.at 6:30 p.m., December 19, 1977, in the Council Chambers of City Hall, -77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Rev- erend Charles Clark, First United Methodist Church. Roll Call Council Members Present: Hertzog, Hammett, Raciti; McFarland Council Members Absent: Officials Present: Smallwood (Councilwoman Smallwood arrived at 6:40 p.m.) City Manager, City Attorney, Director. of Planning, Director of Public Services/ City Engineer, City Clerk Minutes On motion by Vice Mayor Hammett, seconded by Council - December 5 man McFarland, and, carried, Councilwoman Smallwood and 8, 1977 absent, the minutes of the regular meeting of Decem- ber 5, 1977, and the adjourned regular meeting of December 8, 1977, were approved as distributed and posted as there were no corrections. Ordinances On motion by Vice Mayor Hammett, seconded by Council- man McFarland, and carried, all ordinances will be read by title only. CONSENT CALENDAR: On motion by Councilman Raciti, seconded by Councilman McFarland, the Consent Calendar items were approved in one motion by;the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, NOES: Council Members: None ABSENT: Council Members: Smallwood 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: Attorney Arthur.A. Corrales on behalf of Janet L. Lock- wood; Attorney Thomas D. Weaver on behalf of Luis Partide Ortiz; Mr. and Mrs. Max Worthing- ton; and Merle E. Clever. SCAG A resolution from the City of Newport Beach opposing the policy of the Southern California Association of Governments (SCAG) to use its goals and objectives in an attempt to control local land use planning. Statements A resolution from the City of Buena Park in of Economic support of reporting complimentary passes on Interest Statements of Economic Interest according to actual use. Parking of A letter from Ms._ Arlene Young, 2437 Bowdoin Trucks Place, Costa Mesa; regarding trucks parked on residential streets for long periods of time. Public Utilities Notice of Investigation for the purpose of -Commission establishing a list for the Fiscal Year 1978- 79, of existing and proposed crossings at grade of city streets, county roads, or State highways most urgently in need of separation, or projects effecting the elimination of grade crossings by removal or relocation of streets or railroad tracks, or existing separations in need of alteration or reconstruction as contemplated by Section 2452 of the Streets and Highways Code. Application of Southern California Edison Company for review and consideration of time - of -use pricing tariff, pursuant to the order in Decision No. 85559 in Case No. 9804, as modified by Decision No. 86543. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning: Licenses Setsuko and Walter R. Langlinais, doing busi- ness as Gordie's Deli, 735 West Baker Street; and Mr. Munchies, Incorporated, doing busi- End - ness as Yen Chaing Restaurant, 428 East 17th Reading Folder Street. Business Permit Notice of Intention to Solicit for Charitable Purpose from,the-American Heart Association, 1043 Civic Center American Heart Drive West, Santa Ana, by door-to-door solicitation, Association February 1 through 28, 1978, was approved with appli- cation of Section 9-234J, Costa Mesa Municipal Code. Set f -or Public The following items were set for public hearing on Hearing January 3, 1978, at 6:30 p.m., in the Council Chambers of City Hall: R-77-39 Rezone Petition R-77-39, Wayne R. and Sharon Jones Jones, 729 West 16th Street, C6, Costa Mesa, for permission to,rezone property located at 169 East 18th Street, from R2 to R4. Environ- mental Determination: Exempt. R-77-40 Rezone Petition R-77=40, Costa Mesa City Council, for permission to rezone property located at 2401 Newport Boulevard, from AP to I and R. Environmental Determination: Nega- tive Declaration. R-77741 Rezone Petition R-77-41, Costa Mesa City Council, for permission to rezone property located at the southwestcorner of Newport Boulevard and Vanguard Way, from C2 to R2. Environmental Determination: Negative Declaration. R-77-42 Rezone Petition R-77-42, Costa Mesa City Council, for permission to rezone properties located at 125 Baker Street and 150 Paularino Avenue, from C1 -CP to CL. Environmental Determination: Negative Declaration for GP -77-3J, Case 5, adopted November 7, 1977. R-77-43 Rezone Petition R-77-43, Costa Mesa City Council, for permission to rezone properties located at 100 Bristol Street and 2902 Red Hill Avenue, from M1 to Cl -CP, and property located at 200 Bristol Street, from M1 to C2 -CP. Environmental Determination: Negative Declara- tion for General,Plan Amendment GP -77-3J, Case .4, adopted November 7, 1977. R-77-44 Rezone Petition R-77-44, Costa Mesa City Coun- cil, for permission to rezone property located -at 2891 Bear Street, from -C2 to R3. Environ- mental Determination: Negative Declaration for General Plan Amendment GP -77-3J, Case 3, adopted November 7, 1977. R-77-45 Rezone Petition.R-7.7-45,Costa Mesa City Council, for permission to rezone properties located at 2751 through 2777 (odd numbers only) --Bristol Street, from C1 -CP to CL, and properties located at 2821 and 2831 Bristol Street, from C2 to CL. Environmental Determination: Nega- tive Declaration for General Plan Amendment GP -77-3J, Case 3, adopted.November 7, 1977. R-77-46 Rezone Petition R-77-46, Edker Pope, 27 Pine - Pope hurst Lane, Newport Beach, for permission to rezone property located at 2900 Bristol Street, from,MG to C2, and property located at 715 Randolph Avenue, from M1.to C2. Environmental Determination: Negative Declaration for Gen- eral Plan Amendment GP -77-3B., adopted November 21, 1977. R=77-47 Rezone Petition R-77-47, Martin Ingram and Ingram/Brown Gilbert Brown, c/o Barry Williams, 901 Dove c/o Williams Street, No. 115, Newport Beach, for permis- sion to rezone pr.operties_.located at 2500 through 2534 (even numbers only) Newport. Boulevard and 120 Monte.Vista Avenue, from C2 to R3. Environmental Determination: Negative Declaration f or_General Plan Amend- ment GP -77-3C, adopted. -November 21, 1977. Senior Citizens Resolution of Necessity to -condemn property Housing Project located at 533,.535,. and 541 West Center Street and at 1824., 1840, and 1842 Park Ave- nue, for the Senior.Citizen`s Housing Project. Community Community Development Application for Fiscal Development 'Year 1978-79. Claim - Pearce On motion by Councilman Raciti,.seconded by Council - Denied man McFarland, and carried, Councilwoman Smallwood absent, the claim of Sue Pearce, on behalf of Sherrie Pearce, a minor,•was denied. Agreement - An agreement between the City of Costa Mesa and A. Steiner Sandy Steiner and Marie.Steiner.for the acquisition of 1,692 square feet of land. for the Superior Ave - Superior Avenue nue widening project, Parcel -6, was presented. .The Widening - agreement stipulates the payment of•$5,500.00 for Parcel 6 the property, and for escrow to terminate as soon as possible. On motion by Councilman Raciti, seconded by Councilman McFarland., the -agreement was approved, and the Mayor and Clerk authorized to sign on behalf .of the City, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland - NOES: Council Members:, None ABSENT: Council Members: Smallwood Agreement - An agreement between the City of.Costa Mesa and Serosh Andranian A. Andr.anian and.Irmgard M. Andranian for the acquisi- tion of 1,000 square feet of land.for the Superior 1 1 1 Superior'Avenue Avenue widening projec.t.,:.Parcel.4, was.pxesented. The Widening— agreement stipulates the -payment .of $11,500.00 for the Parcel .4 property and for escrow to:terminate as.soon as possi- ble. On motion by Councilman.Raciti, seconded by Councilman McFarland, the agreement was approved, and -the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Notice of The construction of street maintenance on Harbor Boule- C_ompletion vard from Baker Street to MacArthur.Boulevard, Fiscal Year 1977-78, has been.completed by All American Asphalt, Harbor Boulevard 932 Town and Country Road, Orange, to the satisfaction Street -Maintenance of the Director'of Public Services. On motion by Councilman Raciti, seconded by Councilman McFarland, the work was accepted, the Clerk was.authorized to file a Notice of Completion, and the,bonds.were ordered exon- erated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood AHFP Project Proposed resolutions were presented.requesting that Submittals the following projects be included in the 1978-79 Fiscal Year Arterial Highway Financing Program Project submittals: 17th Street, from Newport Boulevard to 180 feet easterly of Fullerton.Avenue; Baker Street, from -Bristol Street.to.230 feet easterly, and from the Santa Ana -Delhi Flood Control Channel to 244 feet easterly of Enterprise Street;.and Paularino Avenue, from the Santa Ana -Delhi Flood -Control Channel to 244 feet easterly of Enterprise Street. On motion by Councilman Raciti, seconded. by Councilman McFarland, Resolution -77-149 Resolution 77-149, being A RESOLUTION OF THE CITY 17th.Street COUNCIL OF THE.CITY.OF COSTA MESA, CALIFORNIA, RE- QUESTING THE COUNTY OF ORANGE TO .INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF SEVENTEENTH STREET, was adopted by.the following roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood On motion by Councilman Raciti, seconded by Councilman Resolution 77-150 McFarland, Resolution 77-150, being A RESOLUTION OF Baker Street THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE'DEVELOPMENT OF BAKER STREET, was adopted.by..the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood On motion by Councilman Raciti, seconded by Councilman Resolution 77-151 McFarland, Resolution 77-151, being A RESOLUTION OF Paularino Avenue THE CITY COUNCIL OF THE.CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE. TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING.PROGRAM-THE DEVELOPMENT OF PAULARINO AVENUE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood i Agreement Addendum No. l.to the agreement.b.etween the City of Addendum No. 1 Fountain Talley and the City of -.Costa Mesa, to -pro- vide -marking and striping of public.streets within Street Marking the"City of Fountain Valley, was .presented. On and Striping motion by Councilman Raciti, seconded by Councilman McFarland, the Addendum was approved, extending the contract for one year from the date -of this action, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Bid Item 374 Bids received for Bid Item,374,.for the furnishing of Gate at Police labor and material to install a rolling gate at the Building Police'Department building, are_on file in the Clerk's office. On motion by Councilman-Raciti, seconded by Awarded Councilman McFarland, the bid was. -awarded to August August Fence Fence Company., 16400 Saybrook Lane, -No-. 84, Huntington Beach, in the -amount of $3,392.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Bid Item 375 Bids received for Bid.Item 375, for the furnishing of Sandblasting labor and equipment for-sandblasting/'the removal 'of -existing painted.messages from .paved streets and Awarded intersections throughout the City, are on file in the Western Sand- Clerk's office. On motion by _Councilman Raciti, blasting seconded'by Councilman McFarland,. the.bid was awarded to Western Sandblasting; Incorporated, 4521 West First'Street, Santa Ana, in the.amount of $44.50 per hour,, being the -lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Assistant On motion by Councilman Raciti,. seconded by Council - Storekeeper man McFarland, authorizationwas given to fill the Position budgeted position of Assistant Storekeeper in the r Finance Department, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None 'ABSENT: Council Members: Smallwood R-77-36 On motion by Vice Mayor Hammett, seconded by Council- Janes/Fogg/ man McFarland, Ordinance:77-6.2,'being AN ORDINANCE OF Mackie THE CITY COUNCIL OF THE CITY'.OF.COSTA;:MESA, CALIFORNIA, PREZONING CERTAIN UNINCORPORATED TERRITORY ADJOINING Ordinance 77-62 THE CITY BOUNDARY.,FROM COUNTY -R.4 TO CITY R2, was Adopted, given second reading and .adopted by.the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None 'ABSENT: Council Members: Smallwood Tract 8915 The improvements in Tract -8915, located at the north - R and W west'corner'of Sea Bluff Drive -.(Hamilton Street) and Development II Valley Road, have been completed.by.R'and W Develop- ment II, 188 East'17th Street., Costa Mesa, to the satisfaction of the Director..of Public Services. On motion by Councilman Raciti,.seconded.by Councilman McFarland, the work was accepted,.and the bonds were ordered exonerated, by .the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Tract 9105. The improvements in Tract 9105, located at the north - R and W west corner of Sea Bluff Drive (Hamilton Street) and Development II Canyon Drive, have been completed by R and W Develop- ment iI, 188 East 17th Street, Costa Mesa, to the satisfaction of the Director of Public Services. On motion by Councilman McFarland., seconded by Vice Mayor Hammett, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland NOES: Council Members: None ABSENT: Council Members: Smallwood Councilwoman Councilwoman Smallwood arrived at the meeting at Smallwood. Arrives this time. Orange County The,Clerk presented from the meeting of November 21, Human Services 1977, a request from the County of Orange, Human Agency Services Agency, 211 West Santa Ana Boulevard, Santa Ana, to locate a Regional Service Center either at 345 Clinton Avenue, or at 2920 Airway Avenue. The Aff idavits'of Publishing,.Posting, and Mailing are on file in"the Clerk's office. No communications have been received. Sara Walker and Dan Toal were present from the County to answer questions from the Council. Ms. Walker described the type of activities which will be conducted at the service center, which include programs related to alcoholism, drug abuse, mental health, health, and social services. During the discussion which followed, concern was expressed that adequate parking facilities be provided at the center. On.motion by Councilwoman Smallwood, sec- onded by Mayor Hertzog, and carried unanimously, the request was approved at either location subject to approval of"the parking requirements by the Director of Planning. Warrant On motion by Councilman McFarland,.seconded by Mayor Resolution 1016 Hertzog, Warrant Resolution 1016, including Payroll 7725, was"approved-by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilwoman Smallwood.,.seconded by Coun- Resolution 1017 Gilman McFarland, Warrant Resolution_1017 was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES:. Council Members: None ABSENT: Council Members: None Arnel The City Attorney presented a written status report Development to the Council concerning the Arnel.Development Com - Litigation pany litigation and did not elaborate on this report except to say that the suit -had been dismissed by stipulation of all the parties involved. NCR Contract.- The City Manager recommended approval of a sole source Computer/Dispatch contract with National Cash Register Company for an System on-line information system and a computer assisted dispatch system for the"Police Department, in the amount of $431,972:.45.. This system is recommended to provide the latest technology and most efficient methods of handling complaints and alarms, providing timely -access to criminal justice files, and to pro- vide economical access and correlation of information available. The,proposal-submitted is -an integrated package:of computer equipment and.computer programs written,specifically-to operate on.NCR computers, and will interface with the City's'existing NCR 201 Com- puter. If another brand of computer were selected, it would require that the computer.programs be modi- fied. -•at additional cost. Also, using a different brand would require an adapter between the computers to translate computer codes in both directions. An- other factor..to:be considered in using different brands of computers would be the requirement to deal with more than'one vendor. And, finally, if bids were solicited from other manufacturers, the City would have to hire an outside.firm.to develop the detailed specifications required to define the computer programs, design, and to specify the char- acteristics of the computers, terminals, and data communications equipment needed to complete an oper- ational system.-. For these, reasons, the City -Manager recommends the NCR proposal. After discussion,'on motion by Councilman Raciti,.seconded by Vice Mayor Hammett, the contract was approved as -recommended, by the -.following roll call vote: AYES: 'Council Members:- Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT.: -Council Members: None Tenure of- On motion by:Vice Mayor Hammett, seconded by Council - Employees woman::Smal'lwood,: Ordinance 77-63, being AN ORDINANCE 'OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMEND - Ordinance 77-63 ING. SECTION.2=222 OF THE COSTA MESA..MUNICIPAL CODE First Reading RELATING TO TENURE OF EMPLOYEES, was -given first reading and passed to second reading..by the follow- ing .roll:':call:yote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None HCDA On motion by Councilwoman Smallwood, seconded by Re -appointments. Councilman McFarland,.the following members were re -appointed: to the Housing and Community Develop- ment Committee for two-year terms, expiring January 21, 1980: Boyd McCullough, Mike Ogden, and Jere Vandewalle.,:by the following -roll call vote: AYES: .Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Mobile Home The City Manager presented a request from the Housing Park Ordinance and. Community Development Commit,tee.:for consideration of an ordinance -which would permit land use for the Referred to development of :a.'mobile home park that could permit Study Session the'sale of .individual spaces. to qualified owners of mobile homes.. After discussion, on motion by Coun- cilman Raciti, seconded by Vice Mayor Hammett, and carried, this item was .referred to a Study Session on January 9, 1978. "Factual'State- The City.Manager requested further. -clarification ment" Regarding concerning the "Factual Statement" the Council has the Initiative requested to be distributed to the registered voters 1 1 1 1 regarding -the Initiative.Measure.. The City Manager indicated that a cost estimate for.this brochure, which would be an eight -page document, would be $7,075.00, which includes printing_, preparation of mailing, and Ipostage. Mayor Hertzog expressed her opinion that an eight -page document would be rather costly and possibly.too. lengthy to serve its pur- pose. Councilman McFarland explored.some ideas for cutting the.cost.of this document, and expressed his opinion that the Council should make an effort to educate the public on this -issue. Councilwoman Smallwood expressed agreement with. Councilman McFar- land and also felt that the costcould be reduced significantly. Councilman,Raciti was concerned about how the true facts of.the.issue would be determined. Vice Mayor -Hammett also expressed con- cerns along these lines and felt that the Council's position would be -more -appropriately stated in an argument to justify their actions on this matter, and made a motion, seconded -by Councilman Raciti, and carried, Council Members Smallwood and McFarland voting no, that no factual statement be prepared. Councilman Councilman McFarland left-:the.meeting at 7:40 p.m. McFarland Leaves Coast Regional Training Center Resolution 77-152 Councilman McFarland Returns The City Manager recommended,adoption.of a resolution withdrawing.membership of the City..of Costa Mesa in Coast Regional Training Center, effective December 19, 1977, and that the joint powers agreement be dissolved..and .the Agency disbanded... This action is necessary due :to the fact that CRTC is no longer a financially viable method',of accomplishing training and should be discontinued.. On motion by Vice Mayor -Hammett, seconded by Councilman Raciti, Resolution 77-152,`being A RESOL[JTION.OF:THE CITY COUNCIL OF .THE CITY OF COSTA NESA,._CALIFORNIA, TERMINATING AGREEMENT FOR MEMBERSHIP IN'THE COAST REGIONAL TRAIN- ING CENTER, was adopted by the following roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: McFarland Councilman McFarland returned„to.the.meeting at this time. 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 November 21, 1977, for. General Plan Amendment GP -77-2E, William J. Cagney, .550 Newport Center Held Over 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 requesting continu- ance of the hearing to January 16, 1978, has been received from the applicant's attorney, Don R. Atkinson., After discussion, on motion by Vice Mayor Hammett, seconded by -Mayor Hertzog, and car- ried, Councilman McFarland.abstaining, the public hearing was continued to February 21, 1978, with a Study Session with the Council prior to that date. Public.Hearing The Clerk announced that. -this was the time and place R-77-37 set for the public hearing, continued from the meet - Colombo ing of December 5, 1977, for Rezone Petition R-77- 37, Joseph Colombo, as.authorized,agent for Southern 78 Held Over- California College:, _55, Fair Drive, Costa Mesa, for permission torezone *propertylocated at 2330 Van- guard Way, from I and R to R4..., Environmental Determination: Negative Declaration for General Plan, -Amendment GP -77-3H. The applicant was not present.. There being no speakers -,, -the Mayor closed thepublic hearing. Council Members Raciti and Smallwood -stated 'their opposition,to a rezone to R4. During'the discussion -which followed., it was brought outithat a Draft Environmental..Impact Report has been received for the Master Plan of'the Redevelop- ment -and Expansion.of the Orange -County Fairgrounds. When this report isfully,:evalu'ated,,:it may reveal information which -should be considered and may change the Environmental Determination for the pro- posed rezone. In view of.this, Vice Mayor Hammett made a motion, seconded by Councilman McFarland, and carried, to re -open and continue thepublichearing to January 16,' 1978, to allow time for staff to re- evaluate this item. Mr. -Colombo arrived later in the meeting and was informed f6rmed,of the Council's action. Recess The Mayor declared a recess at 7:55 p.m., and the meeting reconvened :at -8:0'5 p.m. Appeal Heating The Clerk announced.that this was the time and place ZE-77-190 set for the appeal,hearing;..continued,.from the meet- Thompson/Fleet ing ofDecember 5, 1977, for 'Zone.Exception ZE-77- Marine 190, Robert M. Thompson, Fleet Marine. -Services, 2622 Newport Boulevard, Newport Beach; for -a variance for Withdrawn reduction iaparking for -'an existing bar to allow use of aportion of the property as a boat sales facility, with aConditional Use Permit for outdoor storage-a'nd a variance! -from require&.1andscaping, in a C2 zone,locatedat 1970-1984 Newport Boulevard. Environmental -Determination: Exemp.t.-I-The Director of Planning indicate&that--hehad.received a phone call from the applicant requesting withdrawal of the I appeal. On motionby Councilman McFarland, seconded by Councilwoman Smallwood.,'and-carried, withdrawal of -the appeal was approved. 'Public Hearing The Clerk announced that-this.was the time and place ZE-77-215 and set for the public hearing, continued from the meet - RA -77-13 ing of December 5,' 1977, to review. Zone Exception Ragan ZE-77=215. and Redevelopment Action RA -77-13, Terrence and Sheila Ragan, No. 8 Collins Island, Balboa, for Held Over permission to convert 79 existing apartment units to condominiums, located at 1845 AnaheimAvenue,in an R2 zone'. Environmental.Determination:. Exempt. The Planning Commission recommended.approval of the re- quest. Thee -Redevelopment Agency -recommended denial. The applicant was present in support.,of the request and discussed the parking.adequacy,-stating that in his opinion the CCR's of -the -condominium project would more strongly enforce the requirement for ten-. ants to park in their garages. The following tenants of Vendome-Apa'rtments spoke in support of the con- versionand stated that they had not experienced a parking problem at the Apartments:, Sandra Bidle, Judy-Op*penheim,'-Rick Neiser, Nancy Lee, and Jerry Nelson. Gil Forrester was present to explain the financing which will be offered.toithe tenants of the apartment. -Ben Jackson, -attorney for the appli- cant, wasalso present to Answer questions about the effects of CCR's. There being no -other speakers, the Mayor closed.the'public,.,hearing., A lengthy dis- cussion followed -on -the parking -requirements. Mayor Hertzog expressed theopinionthat the parking deficiency will cause,a problem-once.the units are purchased. Councilman McFarland felt that the I I I Council. should,. consider. . :the . pro j ect.. in .light of the Condominium;Conversion:0.rdinance.requirements; that to approve a°'project which-did.not comply with the Code may establish .a.precedent.for conversion re- quests which.will follow, and finally, that if the Counc-il.felt any'disagreement.-.with the Code provi- sions, then a review of the Ordinance should be considered. After further 'discussion, Vice Mayor Hammett made.a motion, seconded by Councilman McParland, and carried,.to re-open.and continue the public hearing.to Pebruary.21, 1978, with a Council Study Session prior to that date to review the Ordinance requirements.. Vice Mayor Vice Mayor Hammett left the meeting at 9:30 p.m., Hammett Leaves- and returned at 9:45 p.m. Appeal Hearing The.Clerk announced that this was the time and place Trailer Permit set for the -appeal hearing.to reconsider the request Perkin-Elmer of Perkin-Elmer Corporation, fora one-year renewal of a Temporary Trailer Permit for`two trailers at 2930 Bristol Street, which was denied by Council on November 7, 1977. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office. The Planning staff.has recommended denial of the request. Jim Shuck was present, representing the applicant,, and stated that the present site on Bristol Street is not large enough,to build on to expand this facility, and that without the use of the trailers part of this operation would have to be re- located -to another location and would result in a severe hardship. Mr. Shuck stated further that the company is negotiating for additional space at their Irvine location, and if,successful, it may be possi- ble to move part of:their operation to Irvine, but added that the additional—space would not be avail- able for another 15 months. There being no other speakers, the Mayor closed the.public hearing. Councilwoman Smallwood spoke in opposition to allow- ing an extension of the permit because she feels the applicant has no intention of -building a larger, permanent facility. After discussion, on motion by Councilman McFarland, seconded by Councilman Raciti, and carried, Councilwoman Smallwood. voting no and Vice Mayor Hammett abstaining,, -the extension was approved for one year. Vice Mayor Hammett explained his abstention due to a business relationship with this company. Appeal Hearing The Clerk announced that,this was the time and place ZE-77-219 set for the:appeal hearing to consider Zone Exception Transamerica ZE-77-219, James R. Stallard.,.representing Transamer- Insurance ica Insurance Company, as authorized.agent for South Coast Plaza; for a variance from the.. -Sign Code provi- Denied sions governing sign location, area, and letter height, for a sign located at_3420 Bristol Street, in a TC zone. Environmental Determination: Exempt. .The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's off ice. The Planning Commission denied this application on November 14, 1977. No communications have been received. Coun- cilman McFarland stated that he would be abstaining on this item due to a business.relationship with Transamerica. Melville Windle was present, represent- ing.the applicant, and presented slides. -of the signing permitted on adjacent businesses which he feels pro- vide justification for approval of this request. Mr. Windle.also indicated.a.willingness to reduce the amount of signage and to -conform to the planned sign- ing program which will be presented at a future date for the:entire Town Center. There being no other 1 J 1 speakers, the Mayor, ._closed.:the, ..public hearing. During the discussion which:followed:,;,the concensus of- opinion'was to`wait for .the presentation of .the planned signing program, and because of the magnitude of the Town Center project, the.Council urged.that the signing program be expedited.. On this basis, Vice Mayor Ham- mett made a motion, seconded .b -y. Councilman Raciti, and carried, Councilman'McFarland abstaining, to deny the application. Public Hearing The Clerk"announced tha.t,this was -the time and place R-77-38 set for the public hearing to consider Rezone Peti- Mayemura tion R-77-38, Roy N. Mayemura,. 18021 Leafwood Lane, Santa Ana, for permission to rezone.property located Denied at 810 Baker Street, from C1 to R3. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. Larry Gilbert, 3038 Mountain View.Drive, Laguna Beach,.was present as the developer of the property, and answered questions from -the Council. There being no other speakers, the Mayor closed the public hearing. After=discussion, a motion by Councilman McFarland, seconded by Vice Mayor Hammett, to approve the request failed to carry, Council Members Hertzog, Hammett-, Raciti 'and Smallwood voting no. On further motion by�Councilman Raciti, seconded by Vice Mayor Hammett, and carried, the.Rezone Petition was denied. Appeal Hearing The Clerk announced .that this was the.time and place ZE-77-225 set for the appeal hearing:to consider Zone Exception Cunningham ZE-77=225, David .Cunningham, 373 Victoria Street, for a variance -from the required side and rear setbacks and required open space to construct an additional dwelling unit in conjunction with an existing dwell- ing, located at the above address, in an R2 zone. Environmental Determination:. -Exempt. The Affi- davits of'Publishing, Posting, and Mailing are on file in the Clerk's office. No communications have been received. This application was denied by the Planning Commission on November 28, 1977. The appli- cant was.present.and spoke at length in support of - the request. Mr. Cunningham also agreed to eliminate the bay window on the east side of the dwelling and modify the second floor so that it does not project two feet .into the rear yard setback. There being no other speakers, the Mayor closed the public hearing. During discussion, -Councilman Raciti expressed ob- jection to the project because he felt that to have a two-story _building so close to the property line. would-be an:invasion of privacy for the adjoining neighbors. After further discussion, based on the modifications to the project as previously described, a motion was made by Mayor Hertzog,.,.seconded by Vice Mayor Hammett, and -carried, Council Members Smallwood and Raciti voting no-, to accept the Exempt Declara- tion of Environmental Impact as meeting the require- ments of -the law, and to approve the application subject to conditions as recommended by staff. Pacific Vista On motion by Vice,Mayor.Hammett,, seconded by Council - Annexation to man McFarland, Resolution.77=153, being A RESOLUTION the City OF THE CITY COUNCIL OF'THE CITY OF'COSTA"MESA, CALI- FORNIA, DECLARING.AND_ORDERING CERTAIN TERRITORY Resolution 77-153 KNOWN AS PACIFIC'VISTA ANNEXATION -ANNEXED TO THE CITY OF COSTA MESA WITHOUT HEARING OR ELECTION, was adopted by the following xoll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 J 1 Pacific Vista- On motion- by_. Councilman:..Rac�t3., seconded by Council - Annexation to man McFarland., Resolution -.77-154, being A RESOLUTION the Park and OF THE CITY COUNCIL -OF THE CITY. OF.COSTA MESA, CALI- Recreation FORNIA, ACTING AS THE EX-OFFICIO.BOARD OF DIRECTORS District OF THE COSTA MESA PARK AND RECREATION DISTRICT, DE- CLARING AND -ORDERING CERTAIN TERRITORY KNOWN AS Resolution 77-1541 PACIFIC VISTA'ANNEAATION ANNEXED TO,THE COSTA MESA PARK'AND.RECREATION DISTRICT, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council.Members: None ABSENT: Council Members: None Election On motion by Councilman Raciti., seconded.by Council - Materials' woman Smallwood, Resolution 77-155, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 77-155 FORNIA, ADOPTING REGULATIONS.FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID.CITY ON TUESDAY, THE 7TH DAY OF MARCH,'1978,.was adopted by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Canvass of On motion by Councilman Raciti, seconded by -Council - Election man -McFarland, Resolution 77-156, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 77-156 FORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 7, 1978, TO BE MADE BY THE CITY CLERK OF THE CITY O 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 Oral Mike McLaughlin, 925 Crocus Circle, Costa Mesa, dis- Communications cussed his participation in the recent dismissal of the Arne1 suit against the City, and.stated that he Initiative spoke very vigorously in support of the Council's Measure action in placing the Initiative Measure on the ballot. The Council thanked Mr. McLaughlin for his efforts in this regard. Councilmanic Councilman McFarland spoke in strong support of the Comments Council's stand to expedite the Master Plan of Sign- ing for the Town Center. Adjournment The Mayor declared the meeting adjourned at 11:15 p.m. 4Maof the City of o esa ATTEST: 61, City Clerk of the &J City ofC a -Mesa