HomeMy WebLinkAbout01/16/1978 - City CouncilREGULAR MEETING.OF THE CITY COUNCIL
CITY OF COSTA MESA
January 16, 1978
The City Council.of the City.of Costa Mesa met in
regular session.at 6:30 p.m., January 16, 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 Alle-
giance to the Flag, and Invocation by the Reverend
Kearney Frantsen, Prince of Peace Lutheran Church.
Roll Call: Council Members Present: Hertzog, Hammett, Raciti,
McFarland, Smallwood
Council Members Absent: None
Officials Present: City Manager, City Attorney,
Director of Planning,
Director of Public Services/
City Engineer, City Clerk
Minutes. On motion by Councilman McFarland,.seconded by Mayor
January 3 Hertzog, and carried, the minutes of the regular
and 4, 1978 meeting of January 3, 1978, and the adjourned regu-
lar meeting of January 4, 1978, were approved as
distributed and posted as there were no corrections.
Ordinances
Joe Metcalf
Commended
Resolution 78-10
Reading Folder
On motion by Councilman McFarland, seconded by Coun-
cilwoman Smallwood, and carried, allordinances will
be read by title only.
On motion by Vice Mayor Hammett,. seconded by Council-
man McFarland, Resolution.78-10, being A RESOLUTION
OF THE CITY COUNCIL OF THE CITY -OF COSTA MESA, CALI-
FORNIA, COMMENDING JOE METCALF FOR HIS DEDICATED
SERVICE TO THE COMMUNITY, 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
CONSENT:CALENDAR. On motion by Councilwoman Small-
wood, seconded by Vice Mayor Hammett, the 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
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: Robert J.
Schneeweis; Robert A. McNulty;.Donald L. Trout;
Attorney Thomas N..Thrasher,on behalf of Thomas
Adam Baden, a minor.; and Aetna Life and Casual-
ty on behalf of Harry S. Green.
Skateboard A letter from Thelma Maberry, 231 Sherwood
Complaint Place, regarding the use of her driveway and
public sidewalks by skateboard riders.
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Public Utilities From the Public Utilities Commission: 011
Commission No. 1, investigation on the.Commission's own
motion into the matter of the adoption of
regulations governing the safety and construc-
tion of a -liquified natural gas terminal in
the State of California.
Public Utilities Commission Case No. 10342,
investigation on the Commission's own motion
into the impact of the decline in natural
gas available to California from traditional
sources and the need for and timing of deliv-
eries from supplemental supply projects.
Public Utilities Commission Application No.
57626, in the matter of application of Western
LNG Terminal Associates, a general partnership,
and of a joint application.of Western LNG
Terminal Associates, Pacific Gas and Electric
Company and Pacific Lighting Service Company,
California corporations, for a permit author-
izing the construction and operation of an
LNG terminal pursuant to Section 5550 et. seq.
of the Public Utilities Code.
Alcoholic Beverage Alcoholic Beverage License applications for
License which parking has been approved by Planning:
Harold L. Rockefeller and Mildred F. Starich,
doing business as Lotus Room, 1546-F Adams
Avenue; Vaughn I Bowen, doing business as
Vaughn's Liquor, 1895 Monrovia Avenue; and Les
End - C. Rarick, doing business at 2642 Newport
Reading Folder Boulevard.
Business Permit Notice of Intention to.Solicit for Charitable Purpose
from the Orange County Philharmonic Society, 1801
Orange County Newport Boulevard, No. 211, Costa Mesa, by mail and
Philharmonic phone calls, February 6 through April 30, 1978, was
Society approved with application of Section 9-234J, Costa
Mesa Municipal Code.
March of Dimes Notice of Intention to Solicit for Charitable Purpose
from the March of Dimes, Orange County Chapter, 111
West Dyer Road, No. 10G, Santa Ana, by special and
traditional fund-raising activities, January 2
through May 31, 1978, was approved with application
of Section 9-234J, Costa Mesa Municipal Code.
The Chalet A request from The Chalet, 2645 Harbor Boulevard,
Costa Mesa, for a dance permit, was approved subject
to one condition of the Revenue Director.
Set for Public The following items were set for public hearing on
Hearing February 6, 1978, at 6:30 p.m., in the Council
Chambers of City Hall:
R-78-01 Rezone Petition, R-78-01, Costa Mesa City
Council, for permission to rezone properties
located at 3001, 3015, 3025, and 3045 Bristol
Street, and at 722 Baker Street, from C2 to
Cl -CP; 740, 750, 760, 770, 780, and 810 Baker
Street, from C1 to R2; 736 Baker Street, from
Al to R2; and 800 Baker Street, from Cl to I
and R. Environmental Determination: Negative
Declaration for General Plan Amendment GP -77-
3J, Case 2, adopted on November 7, 1977.
R-78-02 Rezone Petition R-78-02, Costa Mesa City
Council, for permission to rezone properties
located at 2538 through 2578 (even numbers)
Newport Boulevard, from C2 to C1 -CP; and 122
Monte Vista Avenue, from C2 to R2. Environ-
mental Determination: Negative Declaration.
Final EIR Final Environmental Impact Report for the
South Coast South Coast Town Center; 2.75.million square
Town Center feet of commercial entertainment, and office
space on 62 acres, located at the northeast
corner of Bristol Street and the San Diego
Freeway.
ZE-77-246
Zone Exception ZE-77-246,.South Coast Plaza,
R-78-03
Rezone Petition.R-78-03, Larry M. Gilbert,
Gilbert/Mayemura-,
authorized agent.for Roy N., Mayemura, 180.21
Leafwood. Lane, Tustin, for permission to
rezone property located at 810 Baker Street,
from Cl to R3. Environmental Determination:
Negative Declaration for Rezone Petition
R-77-38.
GP -77-3I
General Plan Amendment, GP -77-3I, Richard
Sewell
Sewell, 136 Rochester Street, Costa Mesa,
Plaza
authorized agent for Jeanne C. and Theresa C.
Morrison; and the Costa Mesa Planning Commis-
sion, for permission to amend the land use
designation of property located at 398 West
Wilson'Street, from General.Commercial to
High Density Residential; and alternative
General'Plan and/or zoning amendments for
Claim - Clever
property located north of Wilson Street, and
Denied
west of Fordham Drive. Environmental Deter-
mination: Negative Declaration.
Final EIR Final Environmental Impact Report for the
South Coast South Coast Town Center; 2.75.million square
Town Center feet of commercial entertainment, and office
space on 62 acres, located at the northeast
corner of Bristol Street and the San Diego
Freeway.
ZE-77-246
Zone Exception ZE-77-246,.South Coast Plaza,
South Coast
3315,Fairview Road.,, Costa Mesa, for a pre-
Plaza
liminary MasterPlan for the South Coast Town
Center, to include approximately 2.75 million
square -feet of hotel, commercial, and office
space on 62 acres, located at -the northeast
corner of Bristol Street and the San Diego
Freeway, in a TC,.Town Center, zone.
ZE-78-04
Zone Exception ZE-78-04, South Coast Plaza,
South Coast
3315 Fairview Road, -Costa Mesa, for final
Plaza
plan approval of a 350,000 square foot, 16 -
story office building, and a 750 -space,
four-levelparking structure, with variances
from parking standards and from the required
landscape setbacks,: located on Town Center
Drive, east of Bristol Street, in a TC, Town
Center, zone.
Claim - Clever
On motion by -Councilwoman Smallwood, seconded by
Denied
Vice Mayor Hammett, and carried, the claim of Merle
E. Clever was denied.
Claim - Gould
On motion by Councilwoman Smallwood,, seconded by
Denied
Vice Mayor Hammett, and carried,.the claim of Vaye
Gould was denied.
Claim - Hooker
On motion by Councilwoman Smallwood, seconded by
Denied
Vice Mayor Hammett, and carried.,'the claim of
Attorney Carlton L. Harpst, on behalf of Laurence
M. -Hooker, was denied.
Final Map of
Final Map for Tract 10018, James:H. Gregory Construc-
Tract 10018
tion Company, 3187-G Airway Avenue, Costa Mesa; 83
- Gregory
lots and Lots "A" through "H", 9.85 acres, for con-
dominium purposes, located.at Seabluff Drive and
Canyon Drive; with Subdivison-Agreement, was pre-
sented. On motion by•Councilwoman Smallwood,
seconded by Vice Mayor Hammett- the Final Map for
Tract 10018, with Subdivision Agreement, was approved;
the Council did.accept on behalf of the public the
dedication for street purposes: Sea Bluff Drive; did
also accept on'behalf of the City of Costa Mesa: Lot
"B" as granted; did also approve subject map pursuant
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Bid Item 378 Bids received for Bid Item 378, Brooms, Gutter for
Brooms, Gutter, Street Sweepers, are on file in the Clerk's office.
for Street On motion by Councilwoman Smallwood, seconded by
Sweepers Vice Mayor Hammett, the bid was awarded to San
Diego Rotary Broom Company, 1840 Commercial Street,
Awarded Escondido, in the amount of $4,560.00, being the
San Diego lowest and only bid meeting specifications, by the
Rotary Brooms following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council.Members: None
ABSENT: Council Members: None
Bid Item 379 Bids received for Bid Item 379, Truck with Animal
Truck with Collection Body, are on file in the Clerk's office.
Animal On motion by Councilwoman Smallwood, seconded by
Collection Body Vice Mayor Hammett, the bid was awarded to Trans -
west Ford Trucks, 10150 Cherry Street, Fontana, in
Awarded the amount of $8,515.85, being the lowest bid meet-
Transwest Ford ing specifications, by the following roll call vote:
Trucks AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Bid Item 380 Bids received for Bid Item 380, Rotary Mower and
Rotary Mower Vacuum for Parks, are on file in the Clerk's office.
and Vacuum. On motion by Councilwoman Smallwood, seconded by
for Parks Vice Mayor Hammett, the bid was awarded to Orange
Turf Supply, 17777 Main Street, Irvine, being the
Awarded lowest bid meeting specifications, by the following
Orange Turf roll call vote:
Supply
to the provisions of Section 66436:(c)(1) of the
Subdivision Map Act, and the.Mayor and'Clerk were
authorized to sign said documents on behalf of the
City, by the following roll call vote:
AYES: Council Members:. Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Del Mar Avenue
On motion by Councilwoman Smallwood, seconded by Vice
`AHFP Projects
Hammett, Arterial Highway'Yinancing Program Agreement
834 and 787
No. 834 and amendment to AHFP Agreement No. 787, both
for right-of-way acquisition along Del Mar Avenue be -
19th Street
tween the Costa Mesa Freeway and Santa Ana Avenue; and
AHFP Projects
amendment to AHFP Agreement Nos. 766, 810, and 856,
7669 810, and
all for right-of-way acquisition along 19th Street be -
856
tween Fullerton Avenue and Park Avenue, were 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
Conference
On motion by Councilwoman Smallwood, seconded by Vice
Advance
Mayor Hammett, a conference advance for a police
officer to attend "Developing Police Computer Capa-
bilities" in Las Vegas, from February 5 through 9,
1978, was approved in the amount of $180.00, by the
following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Bid Item 378 Bids received for Bid Item 378, Brooms, Gutter for
Brooms, Gutter, Street Sweepers, are on file in the Clerk's office.
for Street On motion by Councilwoman Smallwood, seconded by
Sweepers Vice Mayor Hammett, the bid was awarded to San
Diego Rotary Broom Company, 1840 Commercial Street,
Awarded Escondido, in the amount of $4,560.00, being the
San Diego lowest and only bid meeting specifications, by the
Rotary Brooms following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council.Members: None
ABSENT: Council Members: None
Bid Item 379 Bids received for Bid Item 379, Truck with Animal
Truck with Collection Body, are on file in the Clerk's office.
Animal On motion by Councilwoman Smallwood, seconded by
Collection Body Vice Mayor Hammett, the bid was awarded to Trans -
west Ford Trucks, 10150 Cherry Street, Fontana, in
Awarded the amount of $8,515.85, being the lowest bid meet-
Transwest Ford ing specifications, by the following roll call vote:
Trucks AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Bid Item 380 Bids received for Bid Item 380, Rotary Mower and
Rotary Mower Vacuum for Parks, are on file in the Clerk's office.
and Vacuum. On motion by Councilwoman Smallwood, seconded by
for Parks Vice Mayor Hammett, the bid was awarded to Orange
Turf Supply, 17777 Main Street, Irvine, being the
Awarded lowest bid meeting specifications, by the following
Orange Turf roll call vote:
Supply
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AYES: Council-Members:..Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: 'Council Members: None
Bid Item 381
Bids received for Bid Item 381, Labor and Material
Repair Roof at
to Repair Roof at Costa Mesa Golf and"Country Club,
Country Club
are on file in the Clerk's office.: On motion by
Councilwoman Smallwood, seconded..by Vice Mayor Ham -
Awarded
mett, the bid was awarded to -Coast Roof Company,
Coast.Roof
10621 Bloomfield Avenue, No. 39, Los Alamitos, in
Company
the amount of $11,569.00, being the lowest bid meet-
ing specifications, by the following roll call vote:
AYES: Council Members: :Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council_ Members: None
ABSENT: Council Members: None
Costa Mesa
Vice Mayor Hammett presented a resolution requested
(Newport)
by Assemblyman Dennis Mangers in support of the
Freeway
completion of the Costa Mesa (Newport) Freeway, and
his request that the Council be present when the
resolution is presented. On motion by Vice Mayor
Hammett, seconded by Councilwoman.Smallwood, Resolu-
Resolution.78-11
tion 78-11, being A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF COSTA MESA," CALIFORNIA, REAFFIRMING
ITS POSITION ON THE EARLY COMPLETION OF THE COSTA
MESA FREEWAY, ROUTE 55, was adopted by the following
roll call vote:
AYES: Council.Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: -Council Members: None
R-77-40
On motion by Councilwoman Smallwood, seconded by
Councilman Raciti, Ordinance 78-1, being AN ORDINANCE
Ordinance 78-1
OF THE CITY COUNCIL OF'THE CITY"OF COSTA MESA, CALI-
Adopted
FORNIA, CHANGING THE ZONING OF'A'PORTION OF LOT A,
BANNING TRACT=, FROM AP TO I AND R, was given second
reading and adopted by the following roll call vote:
AYES: Council'Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: -Council Members: None
ABSENT: Council Members: None
R-77-41
On motion by Councilman McFarland, seconded by Coun-
cilwoman Smallwood, Ordinance 78-2, being AN ORDINANCE
Ordinance 78-2
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI-
Adopted
FORNIA, CHANGING THE ZONING OF A PORTION OF LOT 4 OF
TRACT N0. 156, FROM C2 to R2, was given second reading
and adopted by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
R-77-42
On motion by Councilman Raciti, seconded by Council-
man McFarland, Ordinance 78-3, being AN ORDINANCE
Ordinance 78-3
OF THE CITY COUNCIL OF THE CITY"OF COSTA MESA, CALI-
Adopted
FORNIA, CHANGING THE ZONING OF LOT -3, TRACT 6368,
AND LOTS 20 AND 21, TRACT 5769, FROM Cl -CP TO CL,
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
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R-77-43' On .motion by Councilwoman -Smallwood, seconded by
Councilman McFarland, -Ordinance 78-4, being AN
Ordinance 78-4 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS
OF LOT 142, BLOCK 6 AND BLOCK C AND LOT 143, BLOCK
6, IRVINE SUBDIVISION, FROM M1 TO Cl -CP AND C2 -CP,
was given second reading and adopted by the follow-
ing roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
R-77-44 The Clerk presented for second reading and adoption,
Ordinance 78-5, being AN ORDINANCE OF THE CITY COUN-
Ordinance 78-5 CIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING
Adopted THE ZONING OF PORTIONS OF LOTS 9, 10, AND 11, TRACT
3897, FROM C2'TO R3. Councilman Raciti expressed
his intent to vote no on this issue, and thereby
remain consistent with his previous vote on this
item. On motion by Councilman McFarland, seconded
by Mayor Hertzog-; Ordinance.78-5 was given second
reading and adopted by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
McFarland, Smallwood
NOES: Council Members: Raciti
ABSENT: Council Members: None
R-77-45 On motion by Councilwoman Smallwood, seconded by
Councilman McFarland, Ordinance 78-6, being AN
Ordinance 78-6 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
Adopted MESA, CALIFORNIA; CHANGING THE ZONING OF A PORTION
OF LOTS 4 AND 5, BLOCK F, BERRY TRACT, FROM C2 TO
CL, was given second reading and adopted by the
following roll call vote':
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
R-77-46 On motion by Councilwoman Smallwood, seconded by
Pope Councilman Raciti, Ordinance 78-7, being AN ORDI-
NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
Ordinance 78-7 CALIFORNIA, CHANGING THE ZONING OF LOT 11 OF TRACT
Adopted 3952, AND PORTIONS OF LOTS 2 AND 3, BLOCK F OF BERRY
TRACT, FROM M1 AND MG TO C2 -CP, was given second
reading and adopted by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
R-77-47 On motion by Councilman McFarland, seconded by Coun-
Ingram/Brown cilwoman Smallwood, Ordinance 78-8, being AN ORDINANCE
OF THE CITY COUNCIL OF THE'CITY.OF COSTA MESA, CALI-
Ordinance 78-8 FORNIA, CHANGING THE ZONING OF LOTS 71, 73, 75, AND A
Adopted PORTION OF LOT 69, TRACT 300, FROM C2 TO R3, 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 Raciti, seconded by Councilman
Resolution 1020 McFarland, Warrant Resolution 1020 was approved by the
following roll call vote:
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AYES-: Council Members::. Hertzog, Raciti,
McFarland, Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAINING: Council. Members: Hammett
Warrant
On motion by Vice Mayor Hammett, seconded by Council -
Resolution 1021
woman Smallwood, Warrant.Resolv.tion 1021, including
Payroll 7801, was approved by the following roll call
vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
NIMLO Law Suit
The City Attorney presented.a status report on the
suit being brought by the National Institute of
Municipal Law Officers (NIMLO) and the National
League of Cities to challenge the Federal Unemploy-
ment Compensation Amendments of 1976, Public Law
94-566. He reported that.the suit had been filed
and that the City has rece.ived.a.copy of the com-
plaint and would-be kept advised of the proceedings.
Membership
The City Manager presented a recommendation that the
in Civic
City continue membership in the following civic or -
Organizations
ganizations at -the costs indicated: National League
of,Cities, $1,300.00; Water Resources Congress,
$150.00;'League of California Cities, $3,750.00;
Orange County Coast Association, $55.00; Orange
County League of Cities, $1.,706.00;- Santa Ana River
Flood Protection Agency, $1,200..00; and Southern
California Association of'Governments (SCAG),
$892.00. He -further recommended membership in the
following.organizations::be.d scontinued: Interna-
tional Union of•Loca1 Authorities, Sister Cities
International, and United States Conference of
Mayors; and that the City's membership in Newport -
Irvine Waste Management Planning Agency (NIWA) be
re-evaluated., After brief discussion, on motion by
Vice Mayor Hammett, seconded.by Councilwoman Small-
wood, the City Manager's:recommendations were
accepted by the following roll call vote:
AYES: Council Members:, Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council -Members: None
National League
The City Manger presented a resolution requesting the
of Cities Voting
National League of Cities to change.i.ts voting struc-
Policy
ture currently based upon population, to give equal
voting to all cities regardless of size, and to place
this question on the agenda for discussion at the next
annual conference in 1978. After.brief discussion, on
motion by Vice Mayor Hammett, seconded by Councilman
Resolution 78-12
McFarland, Resolution 78-12, being A RESOLUTION OF THE
CITY COUNCIL OF'THE CITY OF COSTA MESA, CALIFORNIA,
REQUESTING THE NATIONAL LEAGUE OF:.CITIES TO MAKE A
CHANGE IN ITS VOTING POLICY, 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
Requesting
The City Manager presented.a resolution addressing
Orange County
the problem of increased traffic in the east -west
Traffic Study
corridors of the City. After discussion, it .was
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agreed to request the County of Orange to act as
the lead agency in a traffic study of the area, and
advise of the possible costs involved. On motion
by Vice Mayor Hammett, seconded by Councilman McFar-
Resolution 78713
land, Resolution 78-13, being A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA.MESA, CALIFORNIA,
REQUESTING THE COUNTY OF ORANGE.TO ACT AS THE LEAD
AGENCY IN THE STUDY AND EVALUATION'OF HIGHWAY TRAF-
FIC CAPACITIES WITHIN THE CENTRAL/SOUTHERN ORANGE
COUNTY AREA, 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 Mayor requested that Rezone Petition R-77-37 be
R-77-37
trailed until later in the meeting because the appli-
Trailed
cant had not yet arrived.
Public Hearing
The Clerk announced that this was the time and place
Community
set for the public hearing,continued from the meet -
Development
ing of January 3, 1978, to consider the Community
Application
Development application for Fiscal Year 1978-79.
Tony Cannariato, Housing and Community Development
Coordinator., was present and briefly outlined the
programs involved and explained the availability of
re -allocating unused funds from one program to an-
other.. Jerome Vandewalle, Chairman of the Housing
and Community Development Committee, was present to
answer questions from .the Council. There being no
other speakers, the Mayor closed the public hearing.
It was.suggested that each title be considered in-
dividually. On motion'by.Vice Mayor Hammett, sec-
onded by Councilman Raciti,.funding.for Title I, the
final increment -to the previously established reserve
fund of $271,000.00, to assist in construction of the
new recreation center in Lions Park, was approved in
the amount of $179,000.00, by the following roll call
vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
On motion by Vice Mayor Hammett, seconded by Council-
man McFarland, the addition of funds to the prior
allocation of $230,000.00, for the Rehabilitation
Loan and Grant Program, Title II, to continue the
program which provides financial assistance to low
and moderate income homeowners who are in need of
making property improvements., was approved in the
amount of $35,000.00, by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
On motion by Councilwoman Smallwood, seconded by
Councilman McFarland,. the addition of funds to the
estimated reserve account of $335,000.00, for the
Land Acquisition and Relocation Program - New
Housing, Title III, to further the development of
innovative new housingprograms for low and moder-
ate income persons,. was approved in the amount of
$500,000.00, by the following roll call vote:
AYES:. Council Members:-.Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT:- Council Members: None
On motion by Vice Mayor.Hammett, seconded by Council-
woman Smallwood, .funds for the Removal of Architec-
tural Barriers, Title IV, -a new program to remove
architectural and other barriers limiting mobility of
handicapped residents, was approved -in the amount of
$50,000.00, by the following roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: `None
ABSENT: Council Members: None
Vice Mayor Hammett.questioned the need for the renewal
of the Fair Housing Council Grant, Title V. After
discussion, on motion by Councilman Raciti, seconded
by Councilwoman Smallwood, funds for renewal of the
grant'to the Orange County.Fair Housing Council to
cover costsof providing'their services to the commun-
ity, was .approved in -the amount of $10,000.00, 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 Raciti, seconded by Councilman
McFarland, funds for Administration, Title VI, to re-
imburse the -.City for direct and indirect costs of
providing, 's:taffing,, office: facilities, .materials, and
supplies necessary.to administer and implement the
Housing and Community Development Program, was ap-
proved in the amount of $85,000.00, by the following
roll call vote:
AYES: Council Members: Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES: Council Members: None
ABSENT: Council Members: None
Discussion followed regarding the many needs being
met in the community by the Housing and Community
Development Committee, and the untiring efforts of
the members and staff involved. On motion by Coun-
cilwoman Smallwood, seconded by Vice. Mayor Hammett,
Resolution -78-14 Resolution 78-14, being A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
COMMENDING THE HOUSING:AND.COMMUNITY DEVELOPMENT
COMMITTEE, 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
R-77-37 set'for the public.hearing.,.trailed from earlier in
Columbo the meeting, and continued'from the meeting of Decem-
ber 19, 1977, for Rezone Petition R-77-37,'Joseph
Colombo, as authorized agent for Southern California
College, 55 Fair Drive, Costa.Me'sa, for permission to
rezone property located.at 2330 Vanguard Way, from I
and R to R4._ Environmental Determination: Negative
Declaration for General Plan Amendment GP -77-3H.
1
Ordinance 78-9
First Reading
Public Hearings
R-77-48 and
R-77-52,
Combined
R-77-48
R-77-52
Randy
Construction/
Turner
- Denied
Ordinance 78-10
First Reading.
Wayne E. Kraiss, President, Southern,California Col-
lege, was present and outlined the College's plan to
build residences primarily for married students.
Joseph Colombo, 2315 East 17th Street, Santa Ana, was
present to answer questions from the Council. Dis-
cussion followed regarding the future occupants of
the project and the possibility of a problem with
regard to the use of the present air corridor by
the Police Department helicopters. Mr. Kraiss
agreed to secure -written permission from the Col-
lege's Board of Directors granting air space for
the helicopters. On motion by Councilman Raciti,
seconded by Mayor Hertzog, Ordinance 78=9, being
AN ORDINANCE OF THE CITY'COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A
PORTION OF LOT A, BANNING TRACT, FROM I AND R TO R4,
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
The Clerk announced that the following two public
hearings would be considered together because the
property at 1656 Orange Avenue was included in both
petitions.
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, was presented. En-
vironmental Determination: Negative Declaration.
The Affidavit of Publication is on file in the
Clerk's office.` The Planning Commission recom-
mended approval --of the request. One letter in
opposition has been received from Melvin J. Higbee,
1652 Orange Avenue, Costa Mesa. Also presented at
this time was Rezone Petition R-77-52, James W. Read,
Jr., R and F Construction Company, 345 East 23rd
Street, Costa Mesa, as authorized agent for Charles
H. Turner, 377 Via Lido, Newport Beach, for permis-
sion.to rezone property located at 1656 Orange Avenue,
from AP to R3. Environmental -Determination: Negative
Declaration. The Affidavit of Publication is on file
in the Clerk's office. The Planning Commission recom-
mended denial. Communications in favor of the request
have been received from Wyvonne Gill, Lido Realty, 377
Via Lido, Newport Beach,. and Melvyn J. Higbee, 1652
Orange Avenue, Costa Mesa. Mr. Read was present and
outlined his plan for building family type units in a
neighborhood with close proximity to parks, shopping,
and other needed facilities. Gordon Grant, 1918 West
Baycrest, Santa Ana, spoke in favor of retaining the
R2 zoning for R-77-48. There being no other speakers,
the Mayor closed the public hearing for both items.
Vice Mayor Hammett indicated agreement with Mr. Read's
request. After further discussion, on motion by
Councilman Raciti, seconded by Councilwoman Smallwood,
the Negative Declaration of Environmental Impact for
Rezone Petition R-77-48 was adopted, and Ordinance
78-10, being AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA;.CHANGING THE ZONING
OF LOTS 11 THROUGH 22 OF TRACT 590, FROM AP AND C1 -CP
TO R2, was given first reading and passed to second
reading by the following roll call vote:
,J
1.05
AYES: Council Members:. Hertzog, Hammett,
Raciti, McFarland,
Smallwood
NOES:,-,
OES: Council Members: None
ABSENT: Council Members: None
On motion by Councilman McFarland., seconded by Coun-
cilman Raciti, and carried, Vice'Mayor'Hammett voting
no, Rezone Petition R=77-52 was denied.
Public Hearing
The Clerk announed that this was ,the time and place
R-77-49
set for the public hearing to consider Rezone Peti-
tion R-77-49, Costa Mesa City Council, for permis-
Denied
sion 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 numbers, and 1519-1521, odd numbers, West-
minster.Av.enue; 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. The Affidavit
of Publication is on file in the Clerk's office. Com-
munications -in opposition to the request have been.
received from the following Costa Mesa residents: Rod
McMillan, 1875 Anaheim -Avenue; Herbert F. Sampson,
1604 Newport Boulevard; Hazel P. Klussman, 1536 Orange
Avenue; Susan Ackerman, 265 Palmer Street; Ina B.
Wright, 215 Knox Street; Leo J. Lenar, 206 East 15th
Street; anda letter from James Roberts, 309 Vista
Baya, enclosing a petition containing the signatures
of 16 of the 17 residents of Block E of the subject
property'as described in the document -entitled, Rezone
Report R-77=49, date& December, 1977. Two communica-
tions in favor of the request have been received from
John D. Bouquet,,241 Knox Place, Costa Mesa; and Don
and Beatrice New, 222 East 15th Street, Costa Mesa.
The Planning Commission recommended denial. Because
of the lenghty discussions.already heard on this item
at the Planning Commission meeting, the Mayor asked
for a show of hands from the audience to indicate
agreement with the Planning'Commission's recommendation.
Approximately 25 persons raised their hands. Herb Ward,
212 Rochester Street, Costa Mesa, spoke in opposition to
the requested R1 zoning. There being no other speakers,
the Mayor. closed the public hearing. A motion was made
by Councilman Raciti, seconded by Mayor Hertzog, to
deny the request. Councilman McFarland requested that
each block be considered 'individually, and expressed
concern that retaining R2 zoning may create future
problems. Councilwoman Smallwood indicated agreement.
After further discussion, the foregoing motion carried,
with Council Members McFarland and Smallwood voting no.
Recess
The Mayor declared a recess,at 8:55 p.m., and the meet-
ing reconvened at 9:00 p.m.
Public Hearing
The Clerk announced that this was the time and place
R-77-50
set for the public hearing to consider Rezone Peti-
tion 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 between 2942 and 2972, even numbers, Century place,
from M1 to MG. Environmental Determination: Negative
Declaration for General Plan Amendment -GP -77-3J, Case
2, adopted November 7, 1977. The Affidavit of
Publication is on file in the Clerk's office. No
1
1
Ordinance 78-11
First Reading
Public Hearing
R-77-51
Ordinance 78-12
First Reading
Public Hearing
Proposed Use of
Federal Revenue
Sharing Funds
Second Public
Hearing Set
Temporary
Trailer Permit
- Park Private
Day School
communications have been received.. The Planning Com-
mission recommended denial. There being no speakers,
the Mayor closed the public hearing. Councilman
Raciti indicated his preference that the property be
rezoned to Cl. After brief discussion, on motion by
Vice Mayor Hammett, seconded by Councilman McFarland,
Ordinance 78-11, being -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANG-
ING THE`ZONING'OF"PORTIONS OF LOTS 3 THROUGH 10 AND
17 -THROUGH 24,,AND PORTIONS OF LOTS 14, 15, AND 16 OF
TRACT 3631; AND LOTS 1 THROUGH 10 OF TRACT 3721, FROM
Ml AND C2 TO MG 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
The Clerk announced that this was the.time and place
set for the public hearing to consider Rezone Peti-
tion R-77-51, 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; 690, 696, 691-709, odd numbers, Ran-
dolph Avenue, and the vacant parcel at the eastern.
terminus of Randolph Avenue, from M1 to MG; 708 and
714 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 Cl -CP. En-
vironmental Determination: Negative Declaration for
General Plan Amendment GP -77-3B, adopted November 21,
1977. The Affidavit of Publication is on file in the
Clerk's office. No communications have been received.
Lynn Rinker, 111 Park Avenue,.Balboa Island, asked for
clarification of the reasons for zoning the southern
half of the property in question to MG. There being
no other speakers, the Mayor closed the public hearing.
On motion -by Councilman Raciti, seconded by Council-
woman Smallwood, Ordinance 78-12, being AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI-
FORNIA, CHANGING THE ZONING OF PORTIONS OF TRACT 3952
AND THE BERRY TRACT, FROM M1, AP -CP, C2, AND R2 TO R2,
MG, CL, AND C1 -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
The Clerk announced that this was the time and place
set for the public hearing for the proposed use of
additional Federal Revenue Sharing funds to be
'.appr.opriated in the 1977-78 Budget. The Affidavit of
Publication is on file in the Clerk's office. No
communications have been received. 'It was clarified
that the intent of this hearing was to receive input
from the public regarding possible uses for the funds
available. There being no speakers, the Mayor closed
the public hearing. On motion by Councilman McFar-
land, seconded by Vice Mayor Hammett, and carried, the
second public hearing for the proposed use of Federal
Revenue Sharing funds was set for the meeting of
February 6, 1978, at 6:30.p.m.
The Clerk presented an application from Park Private
Day School, 261 Monte Vista Avenue,.Costa Mesa, for a
permit for two temporary classroom trailers, located
at the above address, in connection with Zone Excep-
tion ZE=77=212;'to�be used"until approximately April
15, 1978. The Director of Planning indicated that
the trailers were already located on the property
and that the operators of the school were unaware
that the Council's approval was necessary before
placement of the trailers. He also indicated that
building permits -had been obtained for permanent
structures to replace the trailers. The Planning
Department recommended approval, subject to condi-
tions. Jean Park, 782 Paularino Avenue, Costa Mesa,
owner of the school, was present to answer questions
from the Council. After brief discussion, on motion
by Councilman Raciti, seconded by Councilwoman Small-
wood, and carried, the permit was approved for one
year, subject to the conditions of the Planning
Department.
Request to The Clerk presented a request from Attorney Thomas G.
Appeal - Ferruzzo, 233 North Broadway, Suite 230, Santa Ana,
Ferruzzo/Webb on behalf of James Webb, to appeal a decision of the
Director of Building Safety, concerning a substandard
Hearing Set building on property located at 230 Albert Place.,
Mr. Ferruzzo was present. On motion by Vice Mayor
Hammett, seconded by Councilman Raciti, and carried,
the request was granted and the hearing set for Feb-
ruary 21, 1978, at 6:30 p.m..
Request to A request was presented from Huntington Capital Cor -
Appeal - poration, 16168 Beach Boulevard, Suite 200, Huntington
ZE-77-249 Beach, to appeal the Planning Commission's decision in
Huntington Capital connection with Zone Exception ZE-77-249, concerning
access to Harbor Boulevard from 6.3 acres located at
Hearing Set South Coast Drive and Harbor Boulevard. The applicant
was not present. On motion by Councilman McFarland,
seconded by Councilman Raciti, and carried, the request
was granted and the hearing set for February 6, 1978,
at 6:30 p.m.
Request to The Mayor presented a request from Peter W. Nourse,
Appeal - 901 Dover Drive, Suite 110, Newport Beach, in connec-
ZE-77-228 tion with Zone Exception ZE-77-228, concerning the
Nourse conversion of a nine -unit apartment complex to resi-
dentail condominiums, located at 2340 Santa Ana
Hearing Set Avenue, in an R2 zone, which was denied by the Plan-
ning Commission on January 9, 1978. The applicant
was not present. On motion by Vice Mayor Hammett,
seconded by Councilwoman Smallwood, and carried, the
request was granted and the hearing set for February
21, 1978, at 6:30 p.m.
Request for The Mayor presented a request from Councilman McFar-
Review - land, to review Zone Exception ZE-77-229, Peter W.
ZE-77-229 Nourse, to convert an existing 10 -unit apartment
Nourse complex to condominiums, at 1671 Tustin Avenue, in
an R2 zone. On motion by Vice Mayor Hammett, seconded
Hearing Set by Councilwoman Smallwood, and carried, the.request
was granted and the hearing set for February 6, 1978,
at 6:30 p.m. -
Oral Kurt Donat, 1592 Santa Ana Avenue, Costa Mesa,
Communications addressed the Council requesting an appeal -hearing
in connection with Zone Exception ZE-78-09, for vari-
Request to ances from required rear yard setback and to legalize
Appeal - an existing nonconforming side setback to construct
ZE-78-09 three apartment units in conjunction with an existing
Donat dwelling, located at 350 East 20th Street, in an R2
zone, which was denied by the Planning Commission on
Hearing Set January 9, 1978. The Director of Planning gave a
brief history of the action involved, and Mr. Donat
further elaborated on his request. On motion by Vice
FJ
1
1
1
Mayor Hammett, seconded by Councilwoman Smallwood,
and carried, the.request was granted, and the hear-
ing set for February 21, 1978, at 6:30 p.m.
Councilmanic
Councilman McFarland brought up the matter of the
Comments
Initiative Measure which is now on the ballot for
the March 7, 1978, election. He expressed concern
Initiative
that the lack of a formal.comment by the Council
Measure
might be construed to imply consent to whatever
compromise is reached by the homeowners and the
developers. Mayor Hertzog expressed agreement
with Councilman McFarland's comments. Council-
woman Smallwood indicated her growing concern with
this problem and the changing.attitudes of some of
the homeowners and developers, who apparently are
desirous of changing the zoning without regard to
the City's zoning process. Councilman Raciti ex-
pressed his opinion that the Council refrain from
making comment until asked or until a proposal is
presented. Vice Mayor Hammett stated that he felt
a formal comment should be made at this time to the
effect that the Council is aware that an attempt at
agreement is being made by the developers and home-
owners but that this is apparently zoning by special
interest groups for special areas that may have an
adverse impact on the total situation of the City.
He further stated that any changes in zoning would
be subject to the usual zoning process, and unless
current circumstances change,'the Initiative process
has been set in motion and will effect the ultimate
settlement. On motion by Vice Mayor Hammett, sec-
onded by Councilman McFarland, and carried, Council-
man Raciti abstaining, a statement of fact based on
Vice Mayor Hammett's comments will be issued, to be
signed by the four Council. Members in favor.
Councilman Raciti complimented the staff on the
larger, more attractive signs erected on Vanguard
Way.
Mayor Hertzog reminded the Council about the legis-
lative workshop to be held at the Fountain Valley
Recreation Center on Saturday, January 21, 1978,
sponsored by the Orange County League of Cities.
Adjournment The Mayor adjourned the meeting at 9:30 p.m.
ATTEST:
City Clerk of the City of Cos Mesa _