HomeMy WebLinkAbout02/02/1976 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
February -2, 1976
The City Council of the City of Costa'Mesa met in
regular session at 6:30 p.m., February 2, 1976, 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
Reverend Donald Thurman, Costa Mesa Nazarene Church.
Roll Call Council Members Present: Pinkley, Hammett, Wilson,
Raciti, Hertzog
Council Members Absent: None
Officials Present: City Manager, City Attorney,
Director of Planning,
Director of Public Services/
City Engineer, City Clerk
Minutes The Mayor declared the Minutes of the regular meeting
January 19, 1976 of January 19, 1976, approved as distributed and
posted as there were no corrections.
Ordinances On motion by Councilman Hammett, seconded by Council-
woman Hertzog, and carried, all ordinances will be
read by title only.
- On motion by Councilman Wilson, seconded by.Mayor
Resolution 76-15 Pinkley, Resolution 76-15, being A RESOLUTION OF THE
Changing the Name CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
of Newport Freeway REQUESTING THAT -THE NAME OF THE NEWPORT FREEWAY BE
to Costa Mesa CHANGED TO THE COSTA MESA FREEWAY, was adopted by the
Freeway following roll call vote:
AYES: Council Members: Pinkley, Hammett;
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Ontario Item 9 under Old Business was taken out of order and
International presented at this time. Raymond R. Hajek, Chairman
Airport of the Aviation Committee, presented a report in
response to resolutions from the cities of Newport
Beach and Yorba Linda concerning the use of Ontario
International Airport as the solution to Orange
County's need for a regional airport. Mr. Hajek
stated that it was the unanimous recommendation -of the
committee that the City Council not support these
resolutions. This recommendation is based on the
committee's findings which are outlined in a memo to
the Council, dated January 28, 1976. After discussion,
on motion by Councilman Hammett, seconded by Councilman
Wilson, and carried, the Aviation Committee's recom-
mendation and findings were supported and adopted.
Assembly Councilman Wilson recommended that the Council go on
Bill 15 record in opposition to Assembly Bill 15, introduced
by Assemblyman Warren, pertaining to a development
freeze on agricultural land in the State. On motion
by Councilman Wilson, seconded by Councilwoman
Resolution.76-16 Hertzog, Resolution 76-16, being A RESOLUTION OF THE
Opposing A.B. 15 CITY COUNCIL OF THE CITY OF COSTA MESA EXPRESSING
OPPOSITION TO ASSEMBLY BILL 15 OF THE 1975-76 REGULAR
SESSION OF THE CALIFORNIA LEGISLATURE, RELATING TO
CALIFORNIA.AGRICULTURAL LANDS; CREATING THE AGRICUL-
TURAL RESOURCES COUNCIL AND PROVIDING FOR ITS POWER
TO REGULATE LAND USES; PROVIDING FOR METHODS OF
TAXATION ON -SAID PROPERTY.AND_EXPRESSING REASONS
THEREFOR, was adopted by the following roll call
vote
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
ZE-75-134
The Clerk presented from the meeting of January 19,
Nissan Motors
1976, an application for -Zone Exception ZE-75-134,
Nissan Motor Corporation in U.S..A., 18501 South
Denied
Figueroa Street, Carson, for a variance from Sign Code
to allow deviation in sign area, height, and letter
height, in an MP zone located at 1683 Sunflower Avenue.
An Exempt Declaration of Environmental Impact has been
filed. The Planning Commission recommended denial.
Ben Machinist, Regional Manager for Nissan Motor
Corporation, was present and presented rationale in
support of the request. After discussion, on motion
by Councilman Hammett, seconded by Councilman Wilson,
and carried, the request was denied.
Ordinance 75-50
On motion by Councilman Wilson, seconded by Councilman
Pinecreek-Adams.
Hammett, Ordinance 76-6, being AN ORDINANCE OF THE
Planned
CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Development
AMENDING ORDINANCE NO. 75-50 CONCERNING CORRECTING A
CLERICAL ERROR ON ONE CONDITION FOR APPROVAL OF THE
Ordinance 76-6
PLANNED DEVELOPMENT LOCATED AT 1300 ADAMS AVENUE,
Adopted
COSTA MESA, CALIFORNIA, was given second reading and
adopted by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
R-75-29.
On motion by Councilman Raciti, seconded by Council -
Donald Investment
woman Hertzog, Ordinance'76-7, being AN ORDINANCE OF
Company.
THE CITY COUNCIL OF THE'CITY.OF-COSTA MESA, CALIFORNIA,
CHANGING THE ZONING IN THE GENERAL AREA OF WEST SEVEN -
Ordinance 76-7
TEENTH STREET AND PLACENTIA.AVENUE, FROM C2 TO MG,
Adopted
was given second reading and adopted by the following
roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
R-75-31
On motion by Councilman Hammett, seconded by Councilman
Wilson, Ordinance 76-8, being AN ORDINANCE OF THE CITY
Ordinance 76-8
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING
Adopted
THE ZONING IN.THE GENERAL AREA BETWEEN NEWPORT BOULE-
VARD AND BRISTOL STREET.AND PAULARINO AVENUE AND BAKER
STREET,_FROM ML TO MG, was given second reading and
adopted by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
R-75-32 On motion by Councilman Raciti, seconded by Council-
woman Hertzog, Ordinance 76-9, being'AN ORDINANCE OF
148
Ordinance 76-9
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Adopted
CHANGING THE ZONING IN THE GENERAL AREA EAST OF HARBOR
BOULEVARD ON LOGAN AVENUE, FROM ML TO MG, was given
second reading and adopted by the following roll call
vote:
AYES: Council Members: Pinkley,-Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
R-75-33
ABSENT: Council Members: None
On motion by Councilman Wilson, seconded -by Council-
woman Hertzog, Ordinance 76-10, being AN ORDINANCE OF
Ordinance 76-10
THE CITY COUNCIL OF THE CITY OF COSTA.MESA, CALIFORNIA,
Adopted
CHANGING THE ZONING IN THE GENERAL:AREA NORTHEAST OF
BRISTOL STREET AND'RANDOLPH AVENUE, FROK'ML-TO MG, was
given second reading and adopted by the" -following roll
call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Vehicle Parking
The City Manager requested authorization.to proceed
District No. 1
with the appraisal'of property necessary to determine
the cost of acquiring additional parking spaces in
Vehicle Parking District No. 1. The -need for addi-
tional parking spaces was determined by Resolution
75-144, adopted,by'Council:December..15,.1975.. On
motion'by Councilman Wilson,. seconded by Councilwoman
Hertzog, the City Manager was authorized to proceed
with the appraisal, by the following roll call vote:
AYES:. Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES:,- Council Members: None
ABSENT: Council Members: None
Golf Course Drive
The Clerk announced that this was the time and place
Median Strip
for the public discussionconcerning the removal of
the 12 -foot median strip on Golf Course Drive. The
City Manager.indicated his concern with the frequency
of trafficaccidents in this area as well,as problems
of ingress for fire trucks, and recommended that the
median be redesigned to a six-foot landscaped median.
The following Costa Mesa residents spoke in support
of retaining the median strip and;reducing its size
to six feet: Mariel Geiss,2701 Cardinal Drive; Pat
Armstrong., 27.61.Bunt-ing Circle; Mrs. Howard, 2120
Starbird Drive; and John Lyons, 1854 Kinglet Court,
representing the Mesa Verde Homeowners Association.
The following Costa Mesa residents favored retaining
the median as it now exists: Norman French, 2865
Stromboli Road; and'Hugh Wilkoff, 2702 Starbird
Drive. Giselle Erickson,.302 Victoria Street,
suggested that the installati6n of a bike lane in
this vicinity would add to the safety as well as
discourage parking. Gary Fenati, 1781 Oriole Drive,
asked that consideration be given to the placement of
stop signs in the vicinity.of Tanager'and.Golf Course
Drives, and at Tanager Park. 'After considerable
discussion, a motion was made by Councilman Raciti,
seconded by Councilman Hammett, and carried, to
redesign the median to a six-foot median, to consider
the possibility ofd shortening its length, and the
Traffic.Engineer was requested to investigate the
request for stop signs at the previously stated
locations'.
Traffic Signals The City Manager presented from the meeting of
at Estancia High January 19, 1976, a recommendation from the Traffic
School Commission for installation of traffic signals at
Estancia High School. After conferring with the
City/School Liaison Committee, the City Manager
requested authorization to (1) reduce the previously
approved .traffic enforcement on Estancia-Drive
(Placentia Avenue) to the afternoon only at the
north parking lot adjacent to the tennis courts; and
(2) instruct the Traffic.Engineer to commence the
design for the traffic signal installation immediate-
ly, which will :include redesign of the school's
internal parking facilities; funding to be negotiated
with the.District, but if necessary, included in the
1976 -77 -City Budget. On motion by Councilman Raciti,
seconded by Councilwoman Hertzog, and carried, the
City Manager was authorized to proceed as requested.
CONSENT CALENDAR. The following item was removed from
the Consent Calendar: Item 2,.a request from Edwin 0.
Schade, for a temporary trailer permit.
On motion by Councilman Wilson, seconded by Councilman
Raciti, the remaining Consent Calendar items were
approved in one motion by the following roll call
vote: -
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Reading Folder The following Reading Folder items, in Consent
Calendar, were received and processed:
Community A letter from Richard and Judith Riley, 2039
Garden Sites North Capella Court, Costa Mesa, requesting
consideration by Council in making available
small plots of unused City -owned land as
community garden sites.
County.Service A resolution from the City of Fullerton
Area requesting the Orange County Board of
Supervisors to establish a County service area
in unincorporated areas of the County.
SCAG A resolution from the City of Garden Grove
recommending that the Southern California
Association of Governments (SLAG) refrain from
competing for State and Federal grants.
Insurance A letter from Mayor Art Anthony, City of Irvine,
Premiums urging Council to take an active.interest in
the dramatic rise of public liability and
property damage insurance premiums.
Bicycle Lanes A resolution from the City of La Mirada
and Trails regarding a change in laws concerning the color
of pavement markings used to designate official
bicycle lanes and trails.
Local Agency Notice of public hearing from the Orange County
Formation Local Agency Formation Commission, said hearing
Commission scheduled for January 28, 1976, at 2:00 p.m.,
Room 503, 515 North Sycamore Street, Santa Ana,
concerning a proposed annexation to the City of
Tustin, designated U.S. Marine Corps - Irvine
Annexation No. 71-B, located in the general
area of Red Hill and Valencia Avenues.
150
Public Utilities
Notice of further hearing to be held on
Commission
February 2,:1976, at 9:45 a.m.., 350 McAllister
Street, San Francisco, regarding authority to
adjust its rates as.necessary to reflect its
participation in a funding agreement to secure
certain .rights to Alaskan.natural.gas, and, for
authorization to give its consent to an assign-
ment to Atlantic Richfield by Pacific Lighting
Gas Development of certain rights pursuant to
an agreement related to the funding agreement;
Application 55661, Pacific Gas and Electric
Company, for authority to.adjust its rates as
necessary to provide funds to make the payments
required under a certain funding.agr.eement
related to Northern Alaska natural gas.
Opinion of the. Attorney General with respect to
possible antitrust problems involved.•_in connec-
tion with -Applications 55599 and 55661, detailed
in paragraph above. r
Alcoholic
Alcoholic Beverage -License app'lications.for
Beverage-
which parking has been approved by the Planning
Licenses
Department from: Paul E. and Norma Gebler, and
Gloria and Wayne M. Smith, doing business at
2200 Harbor:Boulevard., Building B, Unit 1;, Karin
I. and Leonard A.'Renda, doing business as
Lenny's, 2645 Harbor Boulevard; Debby A..and
Sidney E. Kirk, doing business as Ruth's Deli,
725 "C" -Baker Street; Safeway Stores, Incorpor-
ated, doing%business at 211 East 17th Street,
Store No. 417; and Janet E. and Raul T. Ridge,
doing business as La Cocinita, 113 Monte Vista
Avenue.
ICC
Memorandum from the Intergovernmental
Coordinating Council of Orange County advising
End -
of those resolutions on file as of December 15,
Reading Folder
1975.
Business Permit A request from Western Pacific Shows, 1270 Del Arroyo
Application Court, Lafayette, to hold a four-day promotional
carnival -March 3 through 7, 1976, at 3088 Bristol
Western Pacific Street, Montgomery;Ward Store, was approved subject to
Shows conditions.
Set for Public Rezone Petition R-76-11, Robert E. Erickson, 20872 Sea
Hearing Mist Lane, Huntington Beach, for permission to rezone
property located a't'8l1 Victoria Street from AP to
R-76-11 C1 -CP, was set for -.public hearing on February 17, 1976,
Erickson at 6:30 p.m., in the Council Chambers of City Hall. A
Negative Declaration of Environmental Impact has been
filed.
Weed Abatement On motion by -Councilman -Wilson, seconded by Councilman
Raciti, Resolution'76-17, being A RESOLUTION OF THE
Resolution 76-17 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Hearing Set DETERMINING AND DECLARING THAT RUBBISH AND WEEDS -WHICH
BEAR SEEDS.OF DOWNY OR WINGY NATURE AND WEEDS WHICH
ATTAIN SUCH A.LARGE.GROWTH AS TO BECOME.A FIRE NUISANCE
WHEN DRY, AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR
DANGEROUS ARE GROWING UPON CERTAIN STREETS, SIDEWALKS,
PARKWAYS, AND PRIVATE PROPERTY IN THE CITY OF COSTA
MESA, AND THAT THE,'SAME ARE A PUBLIC NUISANCE; DIRECTING
THE FIRE CHIEF OR HIS DESIGNEE TO POST NOTICES TO REMOVE
SAID RUBBISH AND -DESTROY -SAID WEEDS AS REQUIRED BY LAW;
FIXING THE'TIME FOR HEARING.ALL OBJECTIONS OR PROTESTS
AND DIRECTING THE ABATEMENT THEREOF IN ACCORDANCE WITH
DIVISION III OF ARTICLE 1 OF CHAPTER III, COSTA MESA
MUNICIPAL CODE, se',tting the public hearing for
1
1
1
1
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Refund
Koluvek
March 1, 1976, at 6:30 p:m., in the Council Chambers
of City Hall, was adopted by the following roll call
vote:
AYES: Council Members:. Pinkley, Hammett,
Wilson, Raciti,
Hertzog
. NOES: Council Members: None
ABSENT: Council Members: None
On recommendation by the Revenue Supervisor, a refund
of $6.00 to Linda Koluvek, 2650 Riverside Drive, Costa
Mesa, on dog license 000323, as address is outside
the City Limits, was approved by the following roll
call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Application On motion by Councilman Wilson, seconded by Councilman
Withdrawals Raciti, and carried, Zone Exception ZE-75-136, Henry
A. Evjenth, 878 West 18th Street, Costa Mesa, for a
ZE-75-136 variance from Costa Mesa Municipal Code Section
Evjenth 13-321.6, to allow existing, non -conforming residence
to remain in conjunction with construction of a new .
steel industrial building, located in an Ml zone at
that address, was withdrawn as recommended by the
Planning Commission.
ZE-75-146 On motion by Councilman Wilson, seconded by Councilman
Martin Raciti, a recommendation by the Planning.Commission
for withdrawal of an application for Zone Exception
ZE-75-146, Glenn Martin, 401 North Newport Boulebard,
Newport Beach, for a variance to allow a three percent
densitydeviation (one unit per. 2,900 square feet),
for construction of five units in an R2 zone, located
at 322 Ogle Street, with refund of 100 percent of the
fee, was approved by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council.Members: None
ABSENT: Council Members: None
R-76-10 On motion by Councilman Wilson, seconded by'Councilman
Zisakis Raciti, a recommendation by the Planning Commission
for withdrawal of Rezone Petition R-76-10, Philip and
Gus Zisakis, 611 Fifth Street, Huntington Beach, for
permission to rezone property located -at 1911 Pomona
Avenue from Cl to C2, with refund of 50 percent of
the fee, was approved by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council.Members: None
ABSENT: Council Members: None
Claims The following claims received by the City Clerk were
referred to the City Attorney: Mike Ballard'; John J.
Cary; Attorney C. Bennett Jackson, Jr.. on behalf of
Michael Juric, a minor; Attorney Harold B. Glickman
on.behalf of Joseph Q. Manuel; and Jeffrey Lee Smith.
Bid Item -.299 Bids received for Bid Item 299, 54 Pickup Brooms for
Mobile Street Sweepers, are on file in•the Clerk's
Awarded office. On motion by Councilman Wilson, seconded by
Valley -Industrial Councilman Raciti, the bid was awarded to Valley
Products Industrial Products, Incorporated, Post Office Box
15l
y52
Tract 8720 The placement of monuments in Tract 8720 at 2568,
K and A 2576, and 2580 Santa Ana Avenue, has been completed
Properties by K and A Properties, 17931 Sky -park Circle, Suite 6,
Irvine, to the satisfaction of the Director of Public
1
A
72, Homestead Road, Belle Mead, New Jersey; in the
amount of $8,167.50, being the lowest bid meeting
specifications, by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Design of
Proposals have been received by the Director of
TeWinkle Park
Leisure Services for the design of the'TeWinkle
Hill
Park Hill. On motion by Councilman Wilson, seconded
by Councilman Raciti, the project was awarded to
Awarded
Becknell-Vella and'Associates, 771 West 19th Street,
Becknell-Vella
Suite B, Costa Mesa, in the amount.of $29,500.00,
by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None =
Landscaping on
Bids received for the Installation of.Landscaping on
Harbor Boulevard
Harbor Boulevard from Gisler Avenue to Baker Street
are on file in the Clerk's office. On -.motion by
Awarded
Councilman Wilson, seconded by Councilman Raciti,
Negev Developers
the contract was awarded to Negev Developers, Post
Office Box 2319, Costa Mesa, in the amount of
$25,277.37, being the lowest bid meeting specifica-
tions, by the.following roll call.vote:
AYES: Council Members: Pinkley, Hammett-,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
On motion by Councilman Wilson, seconded by Councilman
Resolution 76-18
Raciti, Resolution 76-18, being A RESOLUTION OF THE
Supporting Solid
CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Waste Management
CONCURRING WITH THE SOLID WASTE MANAGEMENT PLAN OF THE
Plan
COUNTY OF ORANGE, was adopted by the following roll
call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Final Map of
On motion by Councilman Wilson, seconded by -Councilman
Tract 6860
Raciti, Final Map of Tract 6860; Kenneth J. Fischbeck,
Fischbeck
Post Office Box 1795, Santa Ana, -..developer; -six lots,
1.044 -acres'; located southeast of Paularino Avenue and
Babb Street; and'a,Subdivision Agreement in connection
therewith, was approved; the Council did, -accept on
behalf of the public the Offer of Dedication for
street purposes as'shown on this map: Denver Drive,
and did accept Lot A as dedicated, 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: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Tract 8720 The placement of monuments in Tract 8720 at 2568,
K and A 2576, and 2580 Santa Ana Avenue, has been completed
Properties by K and A Properties, 17931 Sky -park Circle, Suite 6,
Irvine, to the satisfaction of the Director of Public
1
A
153
Services. On motion by Councilman Wilson, seconded
by Councilman Raciti, the work.was accepted and the
bond ordered exonerated by the following roll call
vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Parcel Map
The sidewalk construction for Costa Mesa Hospital,
5-73-25
Parcel Map 5-73-25, has been completed by Maurice
Graham
Graham, 1857 West Katella Avenue, Anaheim, to the
satisfaction of the Director of Public Services.
On motion by Councilman Wilson, seconded by Council-
man Raciti, the work was accepted and Passbook No.
C.D. 9200282, in the amount of $2,350.00, was ordered
exonerated by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Placentia Avenue
A proposed resolution was presented in connection
Street
with funding for Placentia. Avenue street improvements
Improvements
from Victoria Street to Joann Street; AHFP Project
AHFP 516
516. On motion by Councilman Wilson, seconded by
Councilman Raciti, Resolution 76-19, being A RESOLU-
Resolution 767-19
TION OF THE CITY COUNCIL OF THE CITY .OF COSTA MESA,
Requesting
CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO
Allocation
INCREASE.THE.ALLOCATED FUNDS FOR ARTERIAL HIGHWAY
FINANCING PROGRAM PROJECT NO., 516; PLACENTIA AVENUE,
was adopted by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Notice of
The reconstruction and resurfacing of City streets has
Completion
been completed by R. J. Noble Company, Post Office Box
Reconstruction
620, Orange, with the exception of Elden Avenue and
and Resurfacing
Wilson Street. This portion of the work has been
of City Streets
delayed by sewer construction projects. On motion by
Councilman Wilson, seconded by Councilman Raciti, the
improvements constructed to date were -accepted, the
Clerk was authorized to file a Notice of Completion,
the contract was allowed to remain open and the City
Engineer authorized to extend said contract, by the
following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
A proposed resolution was presented -declaring a portion
of the property acquired for the extension of Fullerton
Avenue to 20th Street, to be a public street. On
motion by Councilman Wilson, seconded by Councilman
Resolution 76-20
Raciti, Resolution 76-20, being A RESOLUTION OF THE
Declaring Property
CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
to Be a. Public
DECLARING A PORTION OF A RECENT ACQUISITION OF REAL
Street
PROPERTY TO BE A PUBLIC STREET; AUTHORIZING'THE.RECORD-
ING OF SAID RESOLUTION AND.DECLARING.REASONS THEREFOR,
was adopted by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
5
Agreement -
An addendum agreement between the City -and the
Newport -Mesa.
Newport -Mesa Unified .School District concerning
Unified School
employees authorized under the.Comp.rehensive
District
Employment Training Act (CETA); was presented.
This agreement amends the original agreement to
CETA Employees
extend the termination date to June 30, 1976. On
motion by Councilman Wilson, seconded by Councilman
Raciti., 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: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Permit Item 2 on the Consent Calendar, a request from
Edwin O. Schade, 13412 Siskiyou Street, Westmin-
Schade ster, for one-year permit for a temporary
trailer facility,to be located at.1969 Harbor
Boulevard, was presented. The applicant was
present and answered questions from the Council.
On motion by Councilman Raciti, seconded by
Councilman Hammett, and carried, the request was
approved subject to conditions as recommended by
the Planning acid Building Departments.
(Public Hearing The Mayor announced that the public hearing for the
Final EIR Final Environmental Impact Repor.t.for the Westside
for Westside Community Plan, would be taken out of order at.this
Community Plan time. The affidavit of publication is on file in the
Clerk's office. On motion by Councilman Wilson,
Held Over seconded by Councilman Hammett, and carried, the
public hearing was continued.until such time as the
Westside Community Plan is forwarded to the City
Council for consideration in order that these two
items may be acted upon concurrently.
Warrant On motion..by Councilman Wilson, seconded by Council -
Resolution 920 woman Hertzog, Warrant Resolution 920 was approved
by the followirig.roll call vote:
AYES: Council Members: Pinkley, Wilson,
Raciti, Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAINING: Council Members: Hammett
Warrant On motion by Councilman Hammett, seconded by Council -
Resolution 921 woman Hertzog, Warrant Resolution 921, including
Payroll 7602, was approved by the following roll call
vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Warrant - On motion by Councilman Raciti, seconded by Councilman
Resolution 922 Wilson, Warrant Resolution 922 was approved by the
following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
.NOES: Council Members: .None
ABSENT: Council Members: None
The Family The City Attorney.requested to withdraw -his item
Group Homes concerning representation of the property owners in
a suit against The Family Group Homes, due to some
legal problems which require further study. The
City Attorney will reschedule this item in
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approximately 30 days. On motion by Councilman
Wilson, seconded by Councilman Hammett, and
carried, the City Attorney's request was approved.
The City Attorney presented a proposed resolution
authorizing the destruction of certain. City
records. On motion by Councilman Wilson, seconded
Resolution 76-21
by Councilman Hammett, Resolution 76-21, being A
Authorizing
RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF COSTA
Records
MESA AUTHORIZING RECORDS DESTRUC.TION'FOR THE VARI-
Destruction
OUS DEPARTMENTS OF THE CITY OF COSTA.MESA, PURSUANT
TO ORDINANCE NO. 75-60 EFFECTIVE DATE OF JANUARY 15,
1976, was adopted by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Agreement - Cagney
The City Manager presented an agreement between the
Bear Street
City and William J. Cagney for the acquisition of
Park Site
5.71 acres of land for the Bear Street Park Site;
purchase to be financed through the use of Park
Acquisition Bond money. The agreement stipulates
a payment of $365,500.00, and for escrow to
terminate as soon as possible. On motion by
Councilman Wilson, seconded by Councilman Hammett,
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: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Agreement -
The City Manager presented an agreement between the
Port and Flor
City and Port and Flor, Incorporated, 3440 Wilshire
Boulevard, Suite 416, Los Angeles, to provide
Relocation
relocation assistance services within the "Super
Assistance
Block" in the City of Costa Mesa. The agreement
Services
stipulates a fee not to exceed $6,400.00. On motion
by Councilman Raciti, seconded by Councilwoman
Hertzog, the agreement was approved, and the City
Manager authorized to sign on behalf of the City, by
the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Lions Club
The City Manager presented a request from the Costa
Fish Fry'
Mesa Newport Harbor Lions Club for approval of the
Parade
June 5, 1976, Fish Fry Parade route. The proposed
route is to commence at Wilson Street and Harbor
Boulevard, travel south to 19th Street, continue
west on 19th Street to Anaheim Avenue, and finally
south on Anaheim Avenue to Superior Avenue where it
will terminate. The City Manager: recommended
approval of the route subject to the condition that
the Lions Club notify the commercial businesses on
the parade route of this event. After discussion,
on motion by Councilman Raciti, seconded by Council-
man Wilson, and carried, the request was approved as
recommended by the City Manager.
Public Hearing
The Clerk announced that this was the time and place
R-75-30
set for the public hearing for Rezone Petition
Nabers Cadillac
R-75-30, Nabers Cadillac, Incorporated, 2600 Harbor
156
The Mayor now opened the public hearing for Rezone
Petition R-75-30. A petition in opposition to the
request, containing 212 signatures, has been received;
also, a letter of opposition from Carolyn Kimme, 457
Elmhurst Lane. The Planning Director gave a brief
summary on the history of this request concluding with
the Planning.Commission's final recommendation for
denial. Thomas L. Woodruff, representing the appli-
cant, spoke in support of the request, stating his
opinion that'the proposed zoning and land use is a
reasonable and sound request. The following Costa
Boulevard, Costa,Mesa, for.permission•to rezone
property located!at 46.4 Princeton Drive,.from R1 to
Cl -CP. The California Environmental Quality Act
Requirements have been fulfilled by.the Negative
Declaration of Environmental Impact filed in connec-
tion with General Plan.Amendment GP -75=3B. The
affidavit of publication is on file in the Clerk's
office. In connection with this item, a request has
Request for
been received from Arlene.T: Dowski, representing
Rehearing of
the Appeals Committee of the College -Park Homeowners
GP -75-3B
Association, for'a rehearing -of General.Plan Amend-
Dowski
ment GP-75-3B,.wliich was approved by Council on
January 19; 1976..The Mayot determined that the
Denied
request for rehearing of GP -75-3B should be heard
before the rezone request, and at this time invited
comments from those in attendance. Attorney R.
Barry Wrenn, 1924 Minosa Place, Fullerton, was
present representing the Appeals Committee and
presented a petition containing 102 signatures of
residents in Tract 2727, College Park, expressing
their opposition'to any Council action which would
violate the covenants, conditions, and restrictions
of said Tract. Mr. Wrenn spoke in support of
allowing the rehearing on the grounds'of new
evidence.and cited Costa Mesa Municipal Code Section
2-78; which.provides, in part, for a.substantial
relaxation of -the California Evidence Code in order
to afford a full'presentation of the facts essential
for the Council's judicious consideration. Attorney
Thomas L. Woodruff, 1055 North Main Street, Santa
Ana, was pr.esent�representing Nabers Cadillac, and
stated his opinion that no new evidence exists to
merit a rehearing, and further, that any alleged
violation of the,covenants, conditions, and restric-
tions, is not an issue for Council's consideration
but a Civil matter between the parties involved.
Gordon Willoughby, 2507 Loyola Road, a member of the
College.Park Homeowners. Association Board of Directors,
challenged the correctness of Mr. Wrenn's statement
that he'represen.ted the College Park Homeowners
Association. Bill Bandaruk, 2428 Andover Place,
President of the'College.Park Homeowners Association,
responded that whereas this statement was technically
wrong, in the broadest.sense, Mr. Wrenn does repre-
sent the College,Park Homeowners. William Dosta, 317
Princeton Drive.;lspoke further to this issue of
representation and asked those College Park residents
in attendance, who feel they are represented by Mr.
Wrenn, to stand. The number was substantial. Brad
Coons, 2276 Maple Avenue, stated his opinion that
generally.a person who is in agreement with the -
rezoning would not attend the Council meeting. There
being .no other speakers, the Mayor closed the public
hearing on the rehearing request. A motion by
Councilman Raciti, seconded by. Councilman'Hammett, to
grant the request and set the rehearing date failed
to carry, Council Members Pinkley, Wilson, -Hammett,
and Hertzog voting no.
The Mayor now opened the public hearing for Rezone
Petition R-75-30. A petition in opposition to the
request, containing 212 signatures, has been received;
also, a letter of opposition from Carolyn Kimme, 457
Elmhurst Lane. The Planning Director gave a brief
summary on the history of this request concluding with
the Planning.Commission's final recommendation for
denial. Thomas L. Woodruff, representing the appli-
cant, spoke in support of the request, stating his
opinion that'the proposed zoning and land use is a
reasonable and sound request. The following Costa
I�
Mesa residents spoke in opposition to the request:
Brad Coons, 2276 Maple Avenue; David Yarnal, 2583
Santa Ana Avenue; Bud Lengtat, 432 Princeton Drive;
Ted Bologh, 2193 National Avenue; Russell Millar,
223 Wellesley Lane; Al Freedman, 25.75 Columbia
Drive; Joselyn James, 2573 Fordham Drive; Verlyn
Marth, 3197 Cape Verde Place; Florence Martin, 2442
Andover Place; Pat MacGregor, 222 Princeton Drive;
Ruth Dutro, 2356 Cornell Drive; Karen Millar, 223
Wellesley Lane; Don Bull, 397 Princeton Drive; and
Nolan Jamison, 2750 Cardinal Drive. William
Flexsteiner, 2377 Columbia Drive, suggested that Mr.
Nabers could move his operation to the former
premises of the Pontiac dealership on Harbor Boule-
vard, which are now vacant. Brian Russell, 302
Victoria Street, spoke in support of allowing this
rezoning. Attorney Barry Wrenn summarized the
feelings of those in opposition to the request, and
further stated that a rezoning of this property will
undermine the effectiveness of the restrictive
covenants and conditions in the Tract. There being
no other speakers, the Mayor closed the.public hear-
ing. After Council discussion, a motion by Councilman
Hammett, seconded by Councilman Raciti, to deny
the request was invalidated when Councilman Wilson
asked for a recount due.to Councilwoman Hertzog's
statement that she voted in error. A further motion
by Councilman Hammett, seconded by:Councilman Raciti,
to deny the request, failed to carry, Council Members
Pinkley, Wilson, and Hertzog.voting no. A motion by
Councilman Wilson, seconded by Mayor Pinkley, to
Ordinance 76-11 approve the request was carried, and Ordinance 76-11,
First Reading being AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF
COSTA MESA, CALIFORNIA, CHANGING -THE ZONING OF LOT
ONE OF TRACT 2727, FROM R1 TO C1 -CP, was given first
reading and passed to second reading by the follow-
ing roll call vote:
AYES: Council Members: Pinkley, Wilson,
Hertzog
NOES: Council Members: Hammett, Raciti
ABSENT: Council Members: None
Recess. The Mayor declared a recess at 10:10 p.m., and the
meeting reconvened at 10:15 p.m.
ZE-76-04 This item was taken out of order at the request of
California the applicant due to another commitment. The
Neon Products Mayor presented an application for Zone Exception
ZE-76-04, California Neon Products, 4530 Mission
Gorge Place, San Diego, for a variance from Sign
Code to erect one 30 -square foot ground sign
approximately,ll feet overall height, in lieu of
two 15 -square foot ground signs at seven feet
overall height, in a CL zone, located at 612 Baker
Street. An Exempt Declaration of Environmental
Impact has been filed. The Planning Commission
recommended approval with one condition. No com-
munications have been received. Lon Wallace,
representing the applicant,,was present and agreed
to the condition. On motion by -Councilman Wilson,
seconded by Mayor Pinkley, and carried, Councilman
Hammett voting no, the Exempt Declaration of
Environmental Impact was accepted as meeting the
requirements of the law, and the application
approved subject to one condition as recommended
by the Planning Commission.
Public Appeal The Clerk announced that this was the time and place
Hearing- set for the public hearing for Brian Russell, 302
Russell Victoria Street, Costa Mesa, appealing a decision of
the Planning Commission concerning public nuisance
Held Over vehicles at that address. The affidavits of posting,
publishing, and mailing are on file in the Clerk's
office. Jim Weir,Zoning Inspector,.informed the
Council that no visible progress has been made in
removing -the -vehicles to -this date, and recommended
that the City proceed with the abatement of the
nuisance including inspections by the Building, Fire,
and Planning departments. Mr. Russell.was present
and informed the Council -that he.is planning to
vacate these premises in the -near future. A motion
by Councilman Wilson, seconded by. -Councilman Raciti,
to allow the applicant more time for improvement of
this condition, was later -withdrawn. On..further
motion by Councilman Wilson, seconded by Councilman
Raciti, and carried, the Council supported'recom-
mendations-as presented by Mr. Weir,'and:requested
the applicant to -comply with the abatement of.said
nuisance within two weeks. This matter will be
brought back at that time for a review.
Public Hearing
The Clerk announced that this was the time and place
R -74 -29 -Amended
set for the public hearing for Rezone.Petition
R-74-29, Amended, Costa Mesa Planning Commission, for
permission to._rezone-property located west of Whittier
Avenue and south of 19th Street, from 'Ml to MG, in
conformance with the amended Industrial Zoning
Ordinance. A Negative'Declaration of Environmental
Impact has been filed.. The affidavit of publication
is on file in theiClerk's office. A communication
in support of the'request has been"received from
Margaret W. Hjorth, 4999 Kahala Avenue, Honolulu,
Hawaii. There being no speakers, the Mayor closed
the public hearing: On motion by'Councilman Hammett,
seconded by Councilman Wilson, the Negative Declara-
tion of Environmental Impact was..aecepted as meeting
the requirements of the law, and Ordinance 76-12,
Ordinance 76-12
being AN ORDINANCE OF THE CI -TY -COUNCIL OF -THE CITY
First Reading
OF COSTA MESA, CALIFORNIA,"CHANGING.THE ZONING OF
LOTS 1203,.1204,-1205, 1206, -AND 1306, OF THE FIRST
ADDITION TO NEWPORT MESA TRACT, FROM Ml TO MG, was
given first reading and passed to second "reading
by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog.
NOES: Council Members: None
ABSENT: Council Members: None
Public Hearing
The Clerk announced that this was the time and -place
R-76-12
set for the public:hearing for Rezone Petition
McClellan
R-76-12, Rollo McClellan, 2424 -Windward Lane, Newport
Beach, for permission to rezone property located east
Held Over
of Sundance Drive, Newport Beach, and north of 19th
Street, Costa Mesa, from Ml to R1. -A Negative
Declaration of Environmental Impact has been filed.
The affidavit ofpublication is.on file in the
Clerk's office. One communication in -opposition to
the request has been"received from Irene Lorenz,
Post_Office Box -3736, Landers, California. Pat
Dolan, 923 West 20th S-treet, Costa Mesa, raised
several points.whi'ch he felt should be considered by
the Council prior to their action on.this rezone.
Some of these points included the fact that there is
only one entrance to this property which is a
private street below the standard width required
by the City. He feels that this would be a hazardous
condition for public safety vehicles gaining access
to this property. Mr. Dolan also felt the Council
should delay action on this item until the.Westside
Community Plan is'completed which will add more
information on the development of this entire
section of the community. Darrell Starns, repre-
senting the applicant, responded to some of the
points in question, and spoke in support of the
request. After Council diseussion, on motion by
Councilman.Hammett, seconded by Councilman Raciti,
and carried, this item was held,over for two weeks
in order that more information may be made available
in connection with the issues raised by Mr. Dolan.
R-76-13
The Clerk announced that --this was the time and place
Hesse
set for the public hearing for Rezone Petition
R-76-13, Joseph C. Hesse., 3615 Blue.Key, Corona del
Mar, for permission to rezone property located at
1919 Anaheim Avenue, from Cl and R2.to R3 -CP. A
Negative Declaration of Environmental Impact has
been filed. The affidavit of publication is on file
in the Clerk's office. A communication in support
of the request has been -received from Mr, and Mrs.
Earl W. Ferguson, 1952 Meyer Place, Costa Mesa.
There being no speakers, the Mayor closed the public
hearing. On motion by.Couricilman Wilson, seconded
by Councilwoman Hertzog, the Negative Declaration of
Environmental Impact was accepted as meeting the
requirements of the law, and Ordinance 76-13, being
Ordinance 76-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
First Reading
COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE
GENERAL AREA. NORTH OF NINETEENTH STREET, BETWEEN
MEYER PLACE AND ANAHEIM AVENUE,"FROM Cl AND R2 TO
R3 -CP, was given first reading and passed to second
reading by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Public Hearing
The Clerk announced that this was the time and place
Abandonment of
set -for the public hearing to consider the proposed
Alley Right -of -Way
abandonment of excess alley right-of-way, located at
17th Street
485 East 17-th Street. An Exempt -Declaration of
Environmental Impact has been filed. The affidavits
of publishing and posting are on file in the Clerk's
office. No communications have been received.
There being no speakers, the Mayor closed the public
hearing. On motion by Councilman Wilson, seconded
-by Councilman Hammett, the Exempt Declaration of
Environmental Impact was accepted as meeting the
Resolution -76-22
requir'ements.of the law, and Resolution 76-22, being
Ordering
A RESOLUTION OF THE -CITY COUNCIL OF THE CITY OF
Abandonment
COSTA MESA, CALIFORNIA, ORDERING. THE VACATION OF AN
EXCESS ALLEY.RIGHT-OF-WAY IN.A PORTION OF LOT 88,
NEWPORT HEIGHTS TRACT, LOCATED IN THE GENERAL AREA
OF SEVENTEENTH STREET AND IRVINE AVENUE, was adopted
by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Public Hearing
The Clerk announced that this was the time and place
Abandonment of
set for the public hearing to consider the proposed
Yukon.Avenue
abandonment of a portion of Yukon Avenue, located in
the general area of Bear Street and Paularino Avenue.
An Exempt Declaration of -Environmental Impact has
been filed. The affidavits of publishing and
posting are on file in the Clerk's office. No
communications have been received. There being no
speakers, the Mayor closed the public hearing. On
motion by Councilman Wilson, seconded by Council-
woman Hertzog, the Exempt Declaration of Environmental
Resolution 76-23
Ordering
Abandonment -
Impact was accepted as meeting the -requirements of
the law, and Resolution -76-23, being A RESOLUTION OF
THE CITY'COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
ORDERING THE VACATION'OF A PORTION°OF YUKON, -AVENUE
ADJACENT TO THE EASTERLY LINE OF LOT ONE, TRACT 4674,
LOCATED IN THE GENERAL AREA OF BEAR'STREET AND
PAULARINO AVENUE,°was adopted by the following roll
call vote
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
Chamber of The City Manager presented a request from the
Commerce Maps Chamber of Commerce for financial assistance for
reprinting of the;Directory Map, in the amount of
$2,000:00, and recommended approval of the request
as these are used extensively by the City. On
motion by Councilman Wilson, seconded by Councilman
Hammett, the request was approved in the amount of
$2,000.00, by the following roll call vote:
AYES: Council Members: Pinkley, Hammett,
Wilson, Raciti,
Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
"Yellow Book" The City Manager presented a request from the
Advertisement Chamber of Commerce for the City to place an
advertisement in the "Yellow Book" at a cost of
$1,620.00. Nate Reade, representing the Chamber
of Commerce, was present and answered questions
from the Council. After discussion, on motion by
Councilman Wilson; seconded by Councilman Hammett,
the request was approved for the amount of
$1,620.00, by the following roll call -vote:
AYES: Council Members: Pinkley; Hammett,
Wilson, Raciti,
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAINING: Council Members: Hertzog
Mardan Center The Clerk presented a request from Mardan Center of
Educational Therapy, 695 West 19th Street, Costa
Held Over Mesa, for a review of their application for Revenue
Sharing Funds. This request, along with several
others including the next Agenda item; had -previous-
ly been considered by a City -appointed -committee
consisting of Council Members Hertzog and Hammett
and City Manager Fred Sorsabal. 'Councilwoman
Hertzog spoke in support of the.requested-review
for the reason that her original consideration`of
this request was based on information which was
inaccurate. After discussion, on motion by Council-
woman Hertzog, seconded by Councilman Wilson, and
carried, the City'Review Committee was reconstituted
and the request approved. As part of the motion it
was directed that'this item be brought back on the
Agenda in 30 days.'
Assessment and The Clerk presented a request from Assessment and
Treatment Center Treatment Services Center, 1640 Southeast Bristol
Street, Santa Ana; for further discussion of their
Held Over application for Revenue Sharing Funds. On motion
by Councilwoman Hertzog, seconded by Councilman
Wilson, and carried, the request was approved and
the committee's findings will be reported in 30
days.
1
1
1
ZE-75-69 The Director of Planning presented a request to
Spiller revise the plot plan on property located at 687
Paularino Avenue, which was previously approved by
Denied Council under ZE-75-69, Phillip A. Spiller, 1703
Westcliff Drive, Newport Beach. The Planning
Commission recommended denial. No communications
have been received. After discussion, on motion
by Councilman Wilson, seconded by Mayor Pinkley,
and carried, the request was denied.
ZE-75-143 The Director of Planning presented an application
Burkhart for Zone Exception ZE-75-143, William A'. Burkhart,
2920 Clubhouse Road, Costa Mesa, for a Conditional
Denied Use Permit to construct eight apartment units to
meet CP standards in an R3 -CP zone, and a variance
to allow one -foot and two -foot encroachments into
the required five-foot side yard, and to allow a
seven percent density deviation (one unit per 1,875
square feet), located at 372 Bay Street. A
Negative Declaration of Environmental Impact has
been filed. The Planning Commission recommended
denial. No communications.have been received.
R. B. Phillips, 229 Princeton Drive, representing
the applicant, spoke in support of the request.
Betty Burkhart also spoke in support. After dis-
cussion, on motion by Councilman Wilson, seconded
by Councilman Hammett, and carried, the request
was denied.
ZE-75-103A The Director of Planning presented an application
Cunha for Zone Exception ZE-75-103A, Dan Cunha, 116
Industrial Way, Costa Mesa, for a Conditional Use
Permit to allow an auto body and paint shop in
conjunction with a previously approved auto repair
shop in an.Ml zone, located at 121 Industrial Way.
A Negative Declaration of Environmental Impact has
'been filed. The Planning Commission recommended
approval subject to conditions. No communications
have been received. On motion by Councilman Wilson,
seconded by Councilwoman Hertzog, and carried, the
Negative Declaration of Environmental Impact was
accepted as meeting the requirements of the law,
and the.application approved subject to conditions
as recommended by the Planning Commission.
ZE-76-01 The Director of Planning presented an application
Cavanaugh for Zone Exception ZE-7601, Steven L. Cavanaugh,
3420 Irvine Avenue, Newport Beach, for a Conditional
Use Permit for an eating place, and to allow outdoor
seating in an existing industrial building, in an MG
zone located at 1599 Superior Avenue, Unit A5. An
Exempt Declaration of Environmental Impact has been
filed. The Planning Commission recommended approval
subject to conditions. Two communications have been
received in support of the request from Charles W.
Jovbins, President, Delta Electronic Control Corpor-
ation, 1601 Pomona Avenue, Costa Mesa, and Clarence
J. Turner, Tri -co Realty, Incorporated, 886 West
16th Street, Newport Beach. After discussion, on
motion by Councilman Wilson, seconded by Council-
woman Hertzog, and carried, Councilman Hammett
voting no, the Exempt Declaration of Environmental
Impact was accepted as meeting the requirements of
the law, and the application approved subject to
conditions as recommended by the Planning Commission.
ZE-76702 The Director of Planning presented an application
Adamo for Zone Exception ZE-76-02, Nicholas J. Adamo,
771 West 19th Street, Costa Mesa, for a Conditional
2
Use Permit to allow compliance with ABC requirements,
for on-site retail sales in conjunction with a mail
order wine distribution center, in an MG zone
located at 711 West 17th -Street. An Exempt Declar-
ation of Environmental Impact has been -filed. The
Planning Commission recommended approval subject to
conditions. No'communications have been received.
After discussion, on motion by Councilman Raciti,
seconded by Councilman Wilson, and carried, the
Exempt Declaration of Environmental Impact was
accepted as meeting the requirements -of 'the.law,
and the application approved subject to conditions
as recommended by the Planning Commission.
ZE-76-03 The Director of Planning presented an application
Fontany for Zone Exception ZE-76-03, Warley M. Fontany,
2207-B Canyon Drive, Costa Mesa, for a variance to
allow a ten-foot:encroachment into the required
15 -foot side yard, reduction in required parking
(15 required, 12 provided), reduction in parking
stall dimensions, and reduction in required land-
scaping, in a Cl zone located at 149 Broadway. An
Exempt Declaration of Environmental Impact has been
filed. The Planning Commission recommended approval.
No communications have been received. After discus-
sion, on motion by Councilman Wilson, seconded by
Councilman Raciti, and carried, Mayor Pinkley
abstaining, the Exempt Declaration of Environmental
Impact was accepted as meeting the requirements of
the law, and the application approved as recommended
by the Planning .Commission.
ZE-76-06 The Director of Planning presented an application
The Janes for Zone Exception ZE-76-06, The Janes.Company,
Company 17965 Skypark Boulevard, Suite F, Irvine, for a
Conditional Use Permit to construct 12 apartment
units to meet CP standards, and a variance to allow
accessory structure (garage) in the front 75 feet of `
the lot, in an R4 -CP zone located at 1955 Wallace
Avenue. A Negative Declaration of Environmental
Impact has been filed. The Planning Commission
recommended approval subject to conditions. A
letter has been received from Lois Mullen, 1951
Wallace Avenue, Costa Mesa, in opposition to the
request. George Alvarez, 1947 Killdeer Circle, Costa
Mesa, representing the applicant, expressed objection
to Condition No. 2. After discussion, on motion by
Councilman Wilson, seconded by Councilman Hammett,
and carried, the Negative Declaration of Environmental
Impact was accepted as meeting the requirements of the
law, and the application approved subject to -all con-
ditions as recommended by the Planning Commission. As
part of the motion, the applicant was given the right
to appeal Condition No. 2 if in the future the Council
adopts a different policy with respect to fire...hydrant
installation.
ZE-76-07 The Director of Planning presented an application
Fullerton for Zone Exception ZE-76-07, Fullerton Air Parts,
Air Parts 3928 Campus Drive, Newport Beach, for a Conditional
Use Permit for permission to engage in the wholesale,
mail order, and retail sales of aircraft parts and
pilot supplies, in an MP zone located at 3184-L
Airway Avenue. An Exempt Declaration of Environmental
Impact has been filed. The Planning Commission recom-
mended approval'subject to one condition. A
communication in support of the request has been
received from John K. Alstrom, Koll-Irvine Center,
4770 Campus Drive, Irvine. Thomas Fearn, 1712 Port
Sheffield, Newport Beach, representing the applicant,
was present and answered questions from the Council.
On motion by Councilman Wilson, seconded by Mayor
Pinkley, and carried, Councilman Hammett abstain
ing, the Exempt Declaration of Environmental
was accepted as meeting the requirements of the law,
and the application approved subject to one condition
as recommended by the Planning Commission.
Oral Verlyn Marth addressed the Council in regard to
Communications - the recent Highway Commission mee.ting.concerning
Costa Mesa's freeway interests.
Couneilmanic Councilwoman Hertzog requested the City Manager
Comments to obtain information on the local Public Works
Capital Improvement Act of 1975.
Adjournment The Mayor declared the meeting adjourned to an
Executive Session at 11:55 p.m. in the first floor
Conference Room.
May6r of t e City of Costa Mesa
ATTEST:
Ci y Clerk of the City of Cosr sa