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HomeMy WebLinkAbout01/03/1978 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 3, 1978 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., January 3, 1978,.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 Pastor Steve Garner, Central Bible Church. Roll Call Council Members Present: Hertzog, Hammett, Raciti, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Assistant City Engineer, City Clerk Minutes On motion by Vice Mayor Hammett, seconded by Council - December 19, woman Smallwood, and carried, the Minutes of the 1977 regular meeting of December 19, 1977, were approved as distributed and posted as there were no corrections. Proclamation A Proclamation commending Killybrooke Flag Football Team and declaring January 3, 1978, as City Congratu- lations Day in the City of Costa Mesa, was approved. Members of the team were present to receive their trophies -for -winning the Southern California Flag Football Team Championship. C. Thatcher On motion by Vice Mayor Hammett, seconded by Council - Warren Commended woman Smallwood, Resolution 78-1, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 78-1 FORNIA, COMMENDING C. THATCHER WARREN OF THE COSTA MESA SANITARY 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 Ordinances On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, all ordinances will be read by title only. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 7., Rezone Petition R-77=53, Costa Mesa City Council. On motion by Councilman McFarland, seconded by Councilman Raciti, the remaining,Consent Calendar items,,were approved in one motion by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: 1 1 1 Claims The following claims were received by the City Clerk and no action is required: Daniel L. Rosenberg, and David D. Butcher. Campaign Reform A resolution from.the City of Laguna Beach endorsing an ordinance for Tin -cup Campaign Reform. Public Utilities Application No. 57578 of Southern California Gas Commission Company for authority to: (1') Increase rates for gas service to offset the costs associated with 1978 voluntary .load reduction plan, (2) To establish a conservation adjustment account, and (3) Implement major customer incentive programs. Notice of Default. Notice of Default and Election to Sell under Deed of Trust, from Title Insurance and Trust Company, 800 North Main Street, Santa Ana, for property located at 2569 Orange Avenue, Costa Mesa. Alcoholic Beverage Alcoholic Beverage License application for License which parking has been approved by Planning: The Fleischmann Distilling Corporation, doing End - Reading Folder business at 666 Baker Street, Suite.405 M. Set for Public The following items were set for public hearing on Hearing January 16, 1978, at 6:30 p.m., in the Council Chambers of City Hall: R-77-48 Rezone Petition R-77-48, Costa Mesa City Council, for permission to rezone property located between 212 and 244 (even numbers) Ogle Street, from C1 - CP to R2, and between 1652 and 1660 (even numbers) Orange Avenue, from AP to R2. Environ- mental Determination: Negative Declaration. R-77-49 Rezone Petition R-77-49, Costa Mesa City Council, for permission to rezone property located at 1509-1555, 1567-1575, 1585-1589 (odd numbers), 1502-1560 (even numbers) and 1570 Orange Avenue; 212 and 214 Salmon Drive; 1510-1518 (even num- bers) and 1519-1521 (odd numbers) Westminster Avenue; 1515-1555, 1575-1593 (odd numbers) Santa Ana Avenue; 263-295 (odd numbers) 16th Street; 211-293 (odd numbers) and 262-292 (even numbers) Knox Place; 207-286 (all numbers except 283) Knox Street; 203-289 (all numbers) Palmer Street; and 206-288 (even numbers) 15th Street, from R2 to R1. Environmental Determination: Negative Declaration. R-77-50 Rezone Petition R-77-50, Costa Mesa City Council, for.permission to rezone property located at 765 and 771 Baker Street, from Ml to C2; the westerly 75 feet of 2991 Randolph Avenue from C2 to MG; the -easterly 150 feet of 2991 Randolph Avenue; between 2940 and 2973 (all numbers) Randolph Avenue; between 2945 and 2969 (odd numbers) and 2942 and 2972 (even numbers) Century Place, from Ml to MG. Environmental Determination: Negative Declaration for General Plan Amendment GP -77-3J, Case 2, adopted November 7, 1977. R-77-51 Rezone Petition R-7.7-51, Costa Mesa City Council, for permission to rezone property located at 655 and 667 Baker Street, and southerly of 635 Baker Street, from M1 to R2; 2930 Bristol Street; 696, 690, 691-709 (odd numbers) Randolph Avenue, and the vacant parcel at the eastern terminus of Randolph. Avenue, from MI to MG; 714 and 708 Randolph Avenue, from AP -CP to CL; 702 Randolph Avenue, from AP -CP to MG; 2966 Bristol Street, from C2 to C1 -CP; 2990 Bristol Street, from R2 to C1 -CP. Environmental Determination: Negative Declaration for General Plan Amendment GP -77-3B, adopted November 21, 1977. R-77-52 Rezone Petition R-77-52, .lames W. Read; Jr., as Read/Turner authorized agent for Charles H. Turner, -3377 Via Lido, Newport Beach, for permission to rezone property located at 1656 Orange Avenue, from AP to R3. Environmental Determination: Negative Declaration. Federal Federal Revenue Sharing - proposed use of addi- Revenue tional Revenue Sharing -Funds to be appropriated Sharing in the 1977-78 Budget. Claim - Borton On motion by Councilman McFarland., seconded by Council - Denied man Raciti, and carried, the claim of William A. Borton was denied. Request to File On motion by Councilman McFarland, seconded by Council - Late Claim - man Raciti, and carried, the request of,Frank Braze to Braze to file a late claim was denied. Denied Budget On motion by Councilman McFarland, seconded by Council - Adjustment 78-30 man Raciti, Budget Adjustment'78-30, transferring Tanager Park $26,8.00.00 from Subdivider's Fees, Zone 2, into the' Open Space Bond Fund, for. the Development of Tanager Park, Phase.II, was approved by the following roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Councilman McFarland, seconded by Council - Adjustment 78-31 man Raciti, Budget Adjustment .78-31, transferring Brentwood Park $24,265.00 from Subdivider's Fees, Zone 3, into the Open. Space Bond Fund, for the Development of Brentwood Street Park, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Budget On motion -by Councilman McFarland, seconded by Council - Adjustment 78-32 man Raciti, Budget Adjustment 78-32, transferring Shiffer Park $206,660.00 from Subdivider's.-Fees, Zone 6, into the Open Space Bond Fund, for the Development of Shiffer Park (Bear Street), was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Councilman McFarland, seconded by Council - Adjustment 78-33 man Raciti, Budget Adjustment 78-33, transferring Pinkley Park $44,800.00 from Subdivider's Fees, Zone 3, into the Open Space Bond Fund, for .the Development of Pinkley Park (Ogle Street), was approved.by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council -Members: None ABSENT: Council Members: None Budget On motion by Councilman McFarland, seconded by Council - Adjustment 78-34 man Raciti, Budget Adjustment 78-34, transferring Wilson Park. $89,255.00 from Subdivider's Fees, Zone 3, into the Open Space Bond Fund, for the Development of Wilson Park (Fordham Drive and Wilson Street), was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Councilman McFarland, seconded by Council - Adjustment 78-35 man Raciti, Budget Adjustment 78-35, transferring Wakeham Park $1,300.00 from Subdivider's Fees, Zone 5, into the Open Space'Bond Fund; for the Development of Wakeham Park, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Councilman McFarland, seconded by Council - Adjustment 78-36 man Raciti, Budget Adjustment 78-36, to increase the revenue estimate for the transfer of funds from Sub - divider's Fees in accordance with the previous budget adjustments, totaling $393,080.00., was approved by the following roll call vote: AYES:. Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Solid Waste On motion by Councilman McFarland, seconded by Council - Management Agency man Raciti, Resolution 78-2, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA.MESA, CALIFORNIA, Resolution 78-2 DESIGNATING MEMBERS OF THE COUNTY SOLID WASTE MANAGE- MENT ENFORCEMENT AGENCY, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Time Limit The Traffic Commission has recommended 24 minute time Parking on limit parking at 2960 Randolph Avenue to provide for Randolph Avenue necessary on -street customer parking. On motion by Councilman McFarland, seconded by Councilman Raciti, Resolution 78-3 Resolution 78-3, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTAB- LISHING 24 -MINUTE PARKING ON PORTIONS OF-RANDOLPH AVENUE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood . NOES: Council Members: None ABSENT: -Council Members: None Tract 9691 The placement of monuments in Tract 9691, located at Balalis and the southwest corner of Canyon Drive and Banning Pigneri Place, has been completed by Balalis and Pigneri Development Corporation, 2005 West Balboa Boulevard, Newport Beach, to the satisfaction of the Director of Public Services. On motion by Councilman McFar- land, seconded by Councilman Raciti, the work was accepted, and a cash deposit in the amount of $750.00 was ordered exonerated, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement with William D. McTaggart and Helen V. McTaggart McTaggart, for the acquisition of 210.8 square feet of land for the Superior Avenue Widening, Parcel 7, Superior Avenue was presented. The agreement stipulates a payment Widening of $850.00 for.the property, and for escrow to Parcel 7 terminate as soon as possible.. On motion by Council- man McFarland, seconded by Councilman Raciti, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the'City, by the following roll call vote: AYES. Council Members;, Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None .ABSENT: Council Members: None Agreement - An agreement with John B. Saunderson III and Eleanor Saunderson J. Saunderson, for -the acquisition of 411.66 square feet of land for the 19th Street Widening, Parcel 29, 19th Street was presented. The agreement stipulates payment of Widening - $16,800.00 -for the property, and for escrow to termi- Parcel 29 nate as soon as possible. .On motion by Councilman McFarland, seconded by Councilman Raciti, the agree- ment.was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 371 Bids received for Bid Item 371, for the furnishing Van with of one van with emergency accessories for the Fire Emergency Department, are on file in the Clerk's office. On Accessories motion by Councilman McFarland, seconded by Council- man Raciti, the bid was awarded to.Stoner Ambulance Awarded Manufacturing Company, 14700 South Spring Avenue, Stoner Ambulance Santa Fe Springs, in the amount of $16,992.00, being the lowest bid meeting specifications, by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 376 Bids received for.Bid Item.376,.for the furnishing Pickup Brooms of pickup brooms for street,sweepers,..are on file in the Clerk's office. On motion by Councilman McFarland, Awarded seconded by Councilman Raciti, the bid was awarded to Kennedy Van Brush Kennedy Van Brush Manufacturing, Incorporated, 13899 West 101st Street, Lenexa, Kansas, in the amount of $7,616.10, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, McFarland, Smallwood .NOES: Council Members: None ABSENT: Council Members: None 1 1 1 7 Bid Item -377 Bids received for Bid Item.37T, for the installation Home Security of home security locks, are on file in the Clerk's Locks office. On motion by Councilman McFarland, seconded by Councilman Raciti, the bid was awarded to Sentry Awarded Home Protection, 15520 Tustin Village Way, No. 29, Sentry Home Tustin, in the amount of $73.50 per -complete installa- Protection tion, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Agreement - On motion by Councilman McFarland, seconded by Council - Bearden. man Raciti, a renewal of the contract between the City of Costa Mesa and Bearden and Associates, for polygraph Polygraph services, was approved for one year in the amount of Services.. $10,800.00, and the Mayor and Clerk authorized to sign on behalf of'the City, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None R-77-53 Item 7 on the Consent Calendar, Rezone Petition R-77-53, Costa Mesa City Council, for permission to Hearing Set rezone property located at the northwest corner of Bear Street and Yukon Avenue, from C1 -CP to R1; at the eastern terminus of Peace Place, from Al to R1; and at 3145 Bear Street, from Al to I and R, was presented. A letter has been received from Attorney Don Adkinson, 550 Newport Center Drive, Newport Beach, requesting an alternate hearing date.. On motion by Councilman McFarland, seconded by Councilman Raciti, and carried, the public hearing was set for March 20, 1978, at 6:30 p.m. Tenure of On motion by Vice Mayor Hammett, seconded by Council - Employees woman Smallwood, Ordinance 77-63, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING Ordinance 77-63 SECTION 2-222 OF THE COSTA MESA MUNICIPAL CODE RELAT- Adopted ING TO TENURE OF EMPLOYEES; was given second reading and adopted by the following roll call vote: AYES: Council Members: .Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman McFarland, seconded by Vice Resolution 1018 Mayor Hammett, Warrant Resolution 1018, including Payroll 7726, 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 1019 McFarland, Warrant Resolution 1019 was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None City of Costa On motion by Councilman:Raciti-,.seconded by Vice Mayor Mesa versus Hammett.- payment -of costs.in connection withthe aban- Warwick, et al doned condemnation action of.the City of Costa Mesa versus Warwick, et al, was approved in the amount of $17,718.52, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, -Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Initiative The City Attorney presented a proposed argument in Argument -opposition to the Initiative Measure, for Council consideration:..._,During the discussion which followed, suggestions were made for additional information to be included in the'CounciVs argument. On motion by Vice Mayor Hammett,,seconded by.Councilman McFarland, and carried, the,Mayor-appointed-Council Members Smallwood and McFarland to meet with the City Attorney to redraft the Council's argument, and bring the mat- ter back at an adjourned meeting on January 4, 1978, at 3:30 p.m., in the fifth floor Conference Room. - H.E.R.E. Rape The City Manager,.-prpsented a request from H.E.R.E. Crisis Clinic 'Rape Crisis Clinic for'financial support of its services. The services provided to Orange County include a 24-hour crisis hotline, short and long term rape counseling, and community education pro- grams. Councilman Raciti indicated an interest in having the City develop its own program for these services. After further discussion, onmotionby Councilman McFarland, seconded by Councilman Raciti, the Council approved support of the program in the amount.of $500.00 from Social Revenue Sharing funds, by the following roll call vote: AYES: Council Members:( Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council.Members: None Burglary The City Manager presented a request to transfer the Prevention Burglary. Prevention Program.from.anti-recession to the Program full time Police�Budget along with theemploymentof three community service officers to maintain the exist- ing program for the remainder of this fiscal year. During a discussion of the Burglary Prevention Program, Vice Mayor Hammett suggested the development of a list of vendors to perform the necessary security installa- tions for, -the residents of the City. After further discussion, on motion by Vice Mayor Hammett, seconded by Councilman Raciti, the request was approved by the following rollcallVote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Retirement Plan On motion by Councilwoman Smallwood, seconded by Amendment Councilman McFarland, Resolution 78-4,.,being A RESO- LUTION OF THE CITY COUNCIL OF THE -CITY OF COSTA MESA Resolution -78-4 AMENDING CERTAIN SECTIONS:OF,.THE RETIREMENT PLAN FOR EMPLOYEES 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 1 I I Personnel Rules A proposed resolution-amending,Personnel Rule 11, and Regulations Probationary Period,-and,Rule-13, Additional Pay and Amended Pay Adjustment, was presented. On motion by Council- man McFarland, seconded by Councilman Raciti, Resolution 78-5 Resolution 78-5, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA.MESA AMENDING CERTAIN PORTIONS OF THE RULES AND REGULATIONS FOR ADMINIS- TRATION OF THE PERSONNEL SYSTEM OF THE'CITY OF COSTA MESA, was adopted .by the following roll call vote: AYES: Council Members: 'Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Condemnation for set for the public hearing,to consider resolutions Senior Citizens of necessity to condemn property located at 533, 5352 Housing Project and 541 West Center Street, and at 1824, 1840, and 1842 Park Avenue, for -the Senior -Citizens Housing Project. The Affidavit of Publication is on file in the Clerk's office, and certified letters of notifi- cation were mailed to affected property owners. No communications have been received. There being no speakers, the Mayor closed the public hearing. Mo- tions were made to adopt the -condemnation resolutions. Subsequently, a motion.was made by Vice Mayor Hammett, seconded by Councilwoman.Smallwood,.and carried, to reconsider,the previous motions in order that the par- cel numbers of the properties may be identified. On Resolution 78-6 motion by Vice Mayor Hammett, seconded by Councilman Condemnation McFarland, Resolution 78-6, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING,, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE .THE ACQUISITION BY CON- DEMNATION OF -CERTAIN REAL .PROPERTY IN THE COSTA MESA DOWNTOWN -REDEVELOPMENT PROJECT. AREA FOR USE AS THE SITE FOR A SENIOR CITIZENS HOUSING PROJECT AND RELATED PUBLIC PURPOSES, AND AUTHORIZING SAID CONDEMNATION AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH AC- TION, was adopted in connection with the property described as Parcel 1 on the acquisition map, by the following.roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council -Members.: None On motion by Councilman Raciti,.seconded by Council - Resolution 78-7 man McFarland, Resolution 78-7, being A RESOLUTION OF Condemnation. THE,CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CON- DEMNATION OF CERTAIN REAL PROPERTY'IN THE COSTA MESA DOWNTOWN REDEVELOPMENT PROJECT AREA FOR USE AS THE SITE FOR A SENIOR CITIZENS HOUSING PROJECT AND RELATED PUBLIC PURPOSES, AND AUTHORIZING SAID CONDEMNATION AND DIRECTING THE CITY ATTORNEY"'TO PROCEED WITH SUCH AC- TION, was adopted in connection with the property described as Parcels 2 and 4 on the acquisition maps, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman McFarland, seconded by Council - Resolution 78-8 man Raciti, Resolution 78-8, being A RESOLUTION OF THE Condemnation CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING,.DETERMINING, AND DECLARING..THAT THE PUBLIC INTEREST AND -NECESSITY REQUIRE..THE'ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY IN THE COSTA MESA DOWNTOWN REDEVELOPMENT PROJECT AREA FOR USE AS THE SITE FOR A SENIOR CITIZENS HOUSING PROJECT AND RELATED PUBLIC PURPOSES, AND AUTHORIZING SAID CON- DEMNATION.AND.DIRECT.ING THE CITY ATTORNEY TO PROCEED WITH SUCH -ACTION, was adopted in connection with the property described as Parcel 3 on the acquisition map, 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 R-77-39 set for the public hearing for Rezone Petition R -77 - Jones 39, Wayne R. and Sharon Jones, 729 West 16th Street, C6, Costa Mesa, for permission to rezone property Denied located at 169 East 18th Street, from R2 to R4. Environmental Determination: Exempt. The Affidavit of Publication :Ls on file in the Clerk's office. One communication in opposition to the request has been received from Richard Sewell, 136 Rochester Street, Costa Mesa. The Planning Commission recom- mended denial. The applicants have indicated to the Planning Director that they will accept the Planning Commission's recommendation.. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Small- wood, and carried, the Rezone Petition was denied. Public Hearing The Clerk announced that this was the,time and place R-77-40 set for the public hearing for 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. Envirorimental.Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended ap- proval. There being no speakers; the Mayor closed the public hearing. On motion by Vice Mayor Hammett,. seconded by Councilwoman Smallwood, the Negative Declaration of Environmental Impact was adopted, and Ordinance 78-1 Ordinance 78-1, being AN ORDINANCE OF THE CITY COUN- First Reading CIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT A, BANNING TRACT, FROM AP TO I AND R, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-77-41 set for the public hearing for Rezone Petition R-77= 41, Costa Mesa City Council., for permission to rezone property located at the southwest corner of Newport Boulevard and Vanguard Way, from C2 to R2. Environ- mental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning -Commission recommended -approval. There being no speakers, the Mayor closed the public'hear- ing. On motion by 'Vice Mayor Hammett, seconded by Councilman McFarland, the Negative Declaration of 1 1 Environmental Impact was adopted, and Ordinance 78-2, Ordinance'78-2 being AN -ORDINANCE OF'THE CITY COUNCIL OF THE CITY OF First Reading COSTA MESA, CALIFORNIA:,. CHANGING THE ZONING OF A POR- TION -OF LOT 4 OF TRACT NO. 156, FROM C2 TO R2, 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 R-77-42 set for the public hearing for Rezone Petition R-77- 42, Costa Mesa City Council, for permission to rezone properties located at 125 Baker Street and 150 Paul- arino Avenue, from C1 -CP to CL. Environmental Determination: Negative Declaration for General Plan Amendment GP -77-3J, Case 5, adopted November 7, 1977. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval. There being no speakers, the Mayor closed the public hear- ing. On motion by Councilwoman Smallwood, seconded by Ordinance 78-3 Vice -Mayor Hammett, Ordinance 78-3, being AN ORDINANCE First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF LOT 3, TRACT 6368, AND LOTS 20 AND 21, TRACT 5769, FROM Cl -CP TO CL, 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 R-77-43 set for the public hearing for 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 C1 -CP, and property located at 200 Bristol Street, from M1 to C2 -CP. Environ- mental Determination: Negative Declaration for Gen- eral Plan Amendment GP-77-3J,.Case 4, adopted on November 7, 1977. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning.Commission recommended approval. There being no speakers, the Mayor closed the public hearing. On.motion by Councilman Raciti, Ordinance 78-4 seconded by Councilman McFarland, Ordinance 78-4, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF POR- TIONS OF LOT 142, BLOCK 6 AND -BLOCK C, AND LOT 143, BLOCK 6, IRVINE SUBDIVISION, FROM M1 TO C1 -CP AND C2 - CP, 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 R-77-44 set for the public hearing for Rezone Petition R-77- 44, Costa Mesa City Council, for permission to rezone property located at 2891 Bear Street, from C2 to R3. Environmental Determination: Negative Declaration for General Plan Amendment GP -77-3J, Case 3, adopted November 7, 1977. The Affidavit of Publication is on file in the Clerk.'s office. No communications have been received. The -Planning Commission recom- mended approval. There being no speakers, the Mayor 1 1 J closed the public. hearing. During the Council dis- cussion, Councilman.Racittexpressed opposition -to the R3 zoning. On motion by 'mice Mayor Hammett, Ordinance 78-5 seconded by Councilwoman Smallwood, Ordinance 78-5, First Reading being AN ORDINANCE.OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS.OF LOTS 9, 10, AND 11, TRACT 3897, FROM C2 TO Rai, was given first reading and passed to second reading by the following.roll call vote: AYES. Council Members: Hertzog, Hammett, McFarland, Smallwood NOES: Council Members: Raciti ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-77-45 set for the public hearing for Rezone Petition R-77- 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 proper- ties located at 2821 and 2831 Bristol Street, from C2 to CL. Environmental Determination: Negative Declar- ation for General Plan Amendment GP -77-3J, Case 3, adopted on November 7, 1977. The -Affidavit of Publi- cation is -on file in.the Clerk's. office. No communi- cations have been received. The Planning Commission recommended.approval. There.being no speakers, the Mayor closed the public hearing.. After discussion, on motion by Councilman McFarland, seconded by Ordinance 78-6 Councilman Raciti,-Ordinance 78-6,.being AN ORDINANCE First Reading OF -THE CITY -COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF A PORTION OF LOT 9015 NEWPORT MESA TRACT, FROM C2 TO CL, 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 R-77-46 set for the public hearing for Rezone Petition R-77- Pope/Langston 465 Bill Langston as authorized agent for Edker Pope, 27 Pinehurst Lane, Newport Beach, for permission to rezone properties located at 2900 Bristol Street, from MG to C2, and at 715 Randolph Avenue, from M1 to C2. Environmental Determination: Negative Declara- tion for General Plan Amendment.GP-77=3B, adopted on November 21, 1977.. The Affidavit of Publication is on file in.the Clerk's office. No communications have been received. The Planning Commission recom- mended approval of C2 -CP -zoning. Bill Langston, 1761 Reynolds Avenue, Irvine -,,.was present in support of th'e request. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilwoman Smallwood, seconded by Ordinance 78-7 Councilman McFarland, Ordinance 78=7, being` -AN ORDI- First Reading NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 11, 12, 13, AND 14 OF TRACT 3952, AND PORTIONS OF LOTS 2 AND 3, BLOCK F OF BERRY TRACT, FROM ML AND MG.TO C2 -CP, 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 R-77-47 set for the public hearing for Rezone Petition R-77- Ingram/Brown 47, Martin Ingram and Gilbert Brown, in care of c/o Williams Barry Williams, 901 Dove Street, No. 115, Newport 1 1 J Beach, for permission to.rezone properties located at 2500 through 2534 .(even numbers) Newport Boulevard, and 120 Monte Vista Avenue, from C2 to R3. Environ- mental Determination: Negative Declaration for General Plan Amendment.GP-77-3C, adopted November 21, 1977. The-Affidavit of Publication is on file in the Clerk''`s office. A letter in opposition to the rezone has been received from Robert E. Hall-and Doctor R. B. Compton, 205 Evening Star Lane, Newport Beach. The Planning Commission recommended approval. Mr. Wil- liams was present to answer questions from the Council. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Coun- Ordinance 78-8 cilwoman Smallwood, seconded by Councilman McFarland, First Reading Ordinance 78-8, being AN ORDINANCE OF.THE CITY COUNCIL OF THE CITY OF COSTA MESA,. CALIFORNIA, CHANGING THE. ZONING OF A'PORTION OF LOTS 71, 73,, 75, AND A PORTION OF LOT 69, TRACT 300, FROM C2 TO R3, 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 Community set for the public hearing to consider the Community Development Development application,for Fiscal Year 1978-79. The Application Affidavit of Publication is on file. No communica- tions have been received. .Jerome Vandewalle, Chair- Held Over man of the Housing and Community Development Committee, was present to discuss the programs being suggested for the City's fourth year grant. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman Raciti, and carried, the public hearing was continued to the meeting of January 16, 1978, with Study Session discussion prior to that date on January 9, 1978, at 2:00 p.m. Temporary The Clerk presented a request for a six-month exten- Trailer Permit sion of a temporary trailer permit from Henry Bell, Universal Auto Universal Auto Sales, 2026 Harbor Boulevard, Costa Sales Mesa. The Planning Department recommended denial. The applicant was present and explained some diffi- Held Over culties he has been experiencing with the financing for the new office structure. Mr. Bell indicated he would have the financial arrangements settled in the near future. Based on this information, Councilman McFarland made a motion, seconded by Vice Mayor Ham- -mett, and carried, that this item be held to the meeting of February 21, 1978, allowing the applicant time to conclude the financial arrangements and pre- pare plans for the design of the new structure. Councilwoman Councilwoman Smallwood stated that she would be Smallwood-Leaves _-'abstaining from voting on the next item due to a conflict of interest, and left the meeting at 9:00 P.M. Temporary The Clerk presented a request from Narmco Materials, Trailer Permit Incorporated, 600 Victoria Street, Costa.Mesa, to Narmco place two temporary office trailers at the above address until expiration of the lease, January 31, 1982. The Planning Department recommended approval subject to conditions. The Planning Director ex- plained the conditions which concern parking provi- sions, and require a binding agreement to guarantee removal of the trailers prior to the expiration of the lease. Virgil W. Jaenicke was present represent- ing the applicant and agreed to the conditions. Mr. Jaenicke also stated that it is Narmco's intention to relocate their facility within the four-year period, but if this is not possible, would like the flexibility to re -apply to the Council for an exten- sion of time. The Council indicated that this would be permissible. After -discussion, on motion by Councilman Raciti, seconded by Vice Mayor Hammett, and carried, Councilwoman Smallwood abstaining, the permit was approved for four years, expiring Janu- ary 31, 1982, subject toyconditions recommended by the Planning Department. Councilwoman Councilwoman Smallwood returned to the meeting at Smallwood Returns this time. Polling Places/ On motion by Vice'Mayor Hammett, seconded by Council - Election Officers man McFarland, Resolution 78-9, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 78-9 FORNIA, ESTABLISHING POLLING PLACE LOCATIONS AND APPOINTING ELECTION OFFICERS FOR THE GENERAL MUNICI- PAL ELECTION ON MARCH 7, 1978, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Councilmanic Councilman McFarland discussed.the Redevelopment Comments Agency's bonding capabilities and requested the City Manager to conduct an investigation to determine if a conflict of interest exists with one of the Board members who, in addition to his Redevelopment Agency appointment, also holds an elected position with another agency in the City. Vice Mayor Hammett introduced Cecelia McAdams, a relative, who was present in the audience. Adjournment At 9:20 p.m., the Mayor adjourned the meeting to Wednesday, January 4, 1978, at 3:30 p.m., in the fifth floor_ Conference Room of City Hall. ATTEST: p City Clerk of the,City of C to Mesa 1 1