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HomeMy WebLinkAbout08/15/1977 - City CouncilREGULAR MEETING OF -THE CITY COUNCIL CITY OF COSTA MESA August 15, 1977 The City Council of the -City of Costa Mesa met in regular session at 6:30 p.m-., August 15, 1977, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge -of Allegiance to the Flag, and Invocation by the Director of Public Services. Roll Call Council Members Present: Hertzog, Hammett, Raciti, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Public Services/ City Engineer, Director of Planning, City Clerk Minutes On motion by Vice Mayor Hammett, seconded by Council - August 1, 1977 woman Smallwood, and .carried, the minutes of the regular meeting of August 1, 1977, were approved as distributed and posted as there were no corrections. Presentation Charles Beck, former Planning Commissioner, who has recently returned from a visit to Newfoundland, pre- sented mementos and greetings from the Mayor of St. John. City Attorney On motion by Councilman McFarland, seconded by Vice Roy June Mayor Hammett, Resolution 77-98, being A RESOLUTION Commended OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, COMMENDING CITY ATTORNEY ROY E. JUNE UPON Resolution 77-98 THE OCCASION OF HIS RETIREMENT, was adopted by the following roll call voter AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Ordinances On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, all ordinances will be read by title only. CONSENT CALENDAR. The following Consent Calendar items were removed from the agenda: Item 10, Zone Exception ZE-77-156, Gary Motschall; and Item 17, Tract No. 9559, Balalis and Pigneri Development Company. Item 20, application for appeal from Attorney Bruce Grubaugh, filed for Zone Exception ZE-77-155, Irene Spicer, was added to the Consent Calendar. On motion by Vice Mayor Hammett, seconded by Council- man Raciti, the remaining Consent Calendar items were approved in one motion, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 1 Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Claim The following claim was received by the City Clerk and no action is required: Attorney Paul Sowa on behalf of Barbara Carl. Public Utilities Notice of filing application for increases Commission in certain rates and charges for Directory Advertising, by.Pacific Telephone and Tele- graph Company with the Public Utilities Commission. Notice of Hearing before the Public Utilities Commission of Application No. 53799, Southern California Edison Company, for authority to modify its Energy Cost Adjustment Clause to increase its Energy Cost Adjustment Billing Factor. Newport -Irvine A resolution from the Newport -Irvine Waste - Waste -Management Management Planning Agency, adopting a Budget for Fiscal Year 1977-78. Penal Code A resolution from the City of Stanton urging Section 311 the State Legislature to amend Penal Code Obscene Material Section 311, relating to the definition of obscene material. Alcoholic Alcoholic Beverage License applications for Beverage which parking has.been approved by Planning Licenses from: Gordon R. Hanshaw and ,lames A. Trent, doing business'at 1548-A Adams Avenue; Dudley and Loretta Rich, doing business as Lori's, 2200-02 Newport Boulevard. Alcoholic Beverage License application protested by the Planning Department: Frans R. and Ida Mae Hanson, doing business as Son- Vay Corporation, 1695 Irvine Avenue, until End - such time applicant complies with the parking Reading Folder requirements. Request for A letter and petition from Gordon Grant requesting Rezoning on rezone of property on Ogle Street, was referred to Ogle Street the Planning Staff for recommendation. - Grant Refunds On recommendation by the Director of Leisure Services, a refund of $7.00 to Debbie Fox, 1787 Hummingbird Fox Drive, Costa Mesa, representing fee for class which could not be attended, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Ventimilla On recommendation by the Director of Leisure Services, a refund of $35.00 to Ricky.Ventimilla, 2217 Anaheim Avenue, Costa Mesa, representing fee for class which could not be attended, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Marksbury On recommenda.tion.by.the Director..of Leisure Services, a refund of $27.00 to Barbara Marksbury, 2273 Colgate Drive, Costa Mesa, representing fee for class which could,not be attended, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Pacino On recommendation.by the .Director of.Leisure Services, a refund of $15.00 to J. L. Pacino, 2831 Portola Drive, Costa Mesa, representing fee for class which could not be attended, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Newport Custom On recommendation by the Director of,Finance, refund Tailors of $25.00 to Newport Custom Tailors, 2428 Newport Boulevard., Costa Mesa, due to sale of business, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Branscome On recommendation by the Director of Finance, refund of $25.00 to L. P. Branscome, 1221 West Pearl Street, Anaheim, due to sale of apartments, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti,. McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Pauley On recommendation by the Director of Finance, refund of $5.00 to H. R..Pauley,.:379 East Walnut Street, representing duplicate payment of dog license, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council.Members: None ABSENT: Council Members: None Encroachment A request from Rick A. Blomgren, of Jack P. Selman Permit - Architecture and Planning, 144 North Orange Street, Pinkley Park Orange, to encroach onto City property with a con- crete block fence between the lot at 1671 Tustin Avenue and Pinkley Park, was presented. On motion by Vice Mayor Hammett, seconded by Councilman Raciti, and carried, the encroachment -permit was approved subject to conditions as recommended:by the Director of Leisure Services. Bid Item 359 One bid received for Bid Item 359, Labor and Material Re -Coating of to Re -Coat Acoustical Ceiling in the Council Chambers, Acoustical is on file in the Clerk's office. On motion by Vice Ceiling Mayor Hammett, seconded by Councilman Raciti, the bid . was awarded to Edward M. Martino,. 1986 Pomona Avenue,, Awarded Costa Mesa, in the amount of $4,000.00, being the only Martino bid meeting specifications, by the following roll call vote: I. 1 1 AYES: Council Members:. Hertzog, Haxranett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 360 Bids received for Bid Item 360, Computer Stock Paper, Computer Stock are on file in the Clerk's office. On motion by Paper Vice Mayor Hammett, seconded by Councilman Raciti, office. On motion by the bid was awarded to Vanier Graphics, 1851 Deere Awarded Avenue, Santa Ana, in the amount of $7,811.55, being Vanier Graphics the lowest bid, by the.following roll call vote: 932 Town and Country Road, AYES: Council Members: Hertzog, Hammett, of $81,816.69, being the Raciti, McFarland, ing roll call vote: Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 361 Bids received for Bid Item 361, for the Furnishing Brush Chipper of One Brush Chipper, are on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded Awarded by Councilman Raciti, the bid was awarded to B. B. Hayman Hayman, Incorporated, 9525 Sorensen Avenue, Santa Fe Springs, in the amount of $8,650.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 362 One bid received for Bid Item 362, Motorcycles, is Motorcycles_ on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded by Councilman Raciti, the Awarded bid was awarded to Champion Motorcycles, 1980 Champion Harbor Boulevard, Costa Mesa, in the amount of Motorcycles $17,970.00, being the only bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Street Bids received for Street Maintenance, Fiscal Year Maintenance 1977-78, Harbor Boulevard from Baker Street to 1977-78 MacArthur Boulevard, are on file in the Clerk's Harbor Boulevard office. On motion by Vice Mayor Hammett,'seconded by Councilman Raciti, the contract was awarded to Awarded - All All American Asphalt, 932 Town and Country Road, American Asphalt Orange, in the amount of $81,816.69, being the lowest bid meeting specifications, by the follow- ing roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Prohibition of The Traffic Commission recommended prohibition of Parking on parking on the northerly curb of Tanager Drive Tanager Drive between Starbird and Golf Course Drive in order to reduce vision obstruction. On motion by Vice Mayor Hammett, seconded by Councilman Raciti, Resolution Resolution 77-99 77-99, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF TANAGER DRIVE, was adopted by the following roll call vote: I: _ LOS AYES; Council Members: Hertzog, Hammett, Raciti, McParland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Prohibition of The Traffic Commission recommended.prohibition of Parking on parking on the northerly and southerly curbs of Mesa Mesa Drive Drive,.200 feet .east of.Newport Boulevard, in order to. accommodate.an.additional -lane for right turns approaching Newport Boulevard. On motion by Vice Mayor Hammett., seconded by Councilman Raciti, Resolution 77-100 Resolution -77-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF MESA DRIVE, was adopted -by -.the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Prohibition of The Traffic Commission recommended prohibition of Parking on parking on -the southerly curb of Albert Place, 50 Albert Place feet east of Newport Boulevard, to provide access for trash pickup at this location. On motion by Vice Mayor .Hammett, seconded by -Councilman Raciti, Resolution 77-101 Resolution 77-101, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING.PARKING ON A PORTION OF ALBERT PLACE, was adopted,by the.following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council. Members: None ABSENT: Council. Members: None Prohibition of The Traffic.Commission recommended prohibition of Parking on parking on Maple Avenue, north of 19th Street. Maple Avenue On -motion by Vice Mayor Hammett, seconded by Councilman Raciti, Resolution 77-102, being A Resolution 77-102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA.MESA,.CALIFORNIA, PROHIBITING PARKING ON A PORTION OF MAPLE AVENUE, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: .Council Members: None ABSENT:. Council -.Members: None Addendum to An addendum to the agreement.with the County of Signal Maintenance Orange -for signal maintenance at Bristol Street and Agreement Red Hill Avenue, was presented. This instrument modifies the proportionate costs paid by each of the agencies resulting from a boundary change in 1972. On motion by Vice Mayor Hammett, seconded by Councilman Raciti,-the addendum was approved by the 1 following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council. Members: None ABSENT:.. Council Members: None Conveyance of On motion by Vice Mayor Hammett, seconded by Council - Excess Land - man Raciti, Resolution 77-103, being A RESOLUTION OF Bear Street THE CITY COUNCIL OF THE,CITY OF COSTA MESA, CONCERN- ING THE SALE OF AN IRREGULARLY SHAPED AND SIZED Resolution 77-103 PARCEL OF EXCESS PROPERTY LOCATED SOUTH OF BAKER STREET AT BEAR STREET, AND AUTHORIZING THE EXECUTION C 1 1 OF A GRANT DEED THEREFOR,. was roll call vote: AYES: Council Members.: NOES: Council Members: ABSENT: Council Members: adopted by the following Hertzog, Hammett, Raciti, McFarland, Smallwood None None ZE-77-156 Item 10 on the Consent Calendar, withdrawal of Zone Motschall Exception ZE-77-156, Gary Motschall, was removed Removed from Agenda from the agenda, and no action was taken. Tract 9559 Item 17 on the Consent. Calendar, concerning improve- Balalis and Pigneri ments for Tract 9559, Balalis and Pigneri Development Removed from Agenda Company, was removed from the agenda, and no action was taken. Request to Appeal Item 20, added to -the Consent Calendar, an applica- ZE-77-155 tion from Attorney Bruce E. Grubaugh, representing Spicer Irene Spicer, appealing .the Planning Commission decision on August 8, 1977, concerning Zone Exception Hearing Set ZE-77-155, was set for public hearing on September 6, 1977, at 6:30 p.m. R-77-06 The Clerk presented for second reading and adoption, Ordinance 77-39, being AN ORDINANCE OF THE CITY Ordinance 77-39 COUNCIL OF THE CITY OF COSTA MESA,.CALIFORNIA, CHANG- ING THE ZONING OF LAND IN THE GENERAL LOCATION.OF Held Over PLACENTIA AND POMONA AVENUES AND HAMILTON AND WEST Notice of The Resurfacing and Reconstruction of City Streets for Completion Fiscal Year 1976-77, has been completed by All Ameri- Resurfacing and can Asphalt, 932 Town and Country Road,.Orange, to the Reconstruction satisfaction of the Director of Public Services. On of City Streets motion by Vice Mayor Hammett, seconded by Councilman Raciti, the work was accepted,. the Clerk was author- ized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Reimbursement On motion by Vice Mayor Hammett, seconded by Council - for "S" Street man Raciti, reimbursement of $4,721.70 to Lyons and to Lyons and Cashion Builders, representing the City's share of Cashion costs in connection with the construction of "S" Street, from Adams Avenue to 193 feet north of Adams Avenue, was appproved by the following roll call vote: AYES: Council.Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Notice of The Installation of Loop Detectors at Miscellaneous Completion Locations has been completed by Grissom and Johnson, Installation Incorporated, Post Office Box 10040, Santa Ana, to of Loop the satisfaction of the Director of Public Services. Detectors at On motion by Vice Mayor Hammett,'seconded by Council - Miscellaneous man Raciti, the work was accepted, the Clerk was Locations authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ZE-77-156 Item 10 on the Consent Calendar, withdrawal of Zone Motschall Exception ZE-77-156, Gary Motschall, was removed Removed from Agenda from the agenda, and no action was taken. Tract 9559 Item 17 on the Consent. Calendar, concerning improve- Balalis and Pigneri ments for Tract 9559, Balalis and Pigneri Development Removed from Agenda Company, was removed from the agenda, and no action was taken. Request to Appeal Item 20, added to -the Consent Calendar, an applica- ZE-77-155 tion from Attorney Bruce E. Grubaugh, representing Spicer Irene Spicer, appealing .the Planning Commission decision on August 8, 1977, concerning Zone Exception Hearing Set ZE-77-155, was set for public hearing on September 6, 1977, at 6:30 p.m. R-77-06 The Clerk presented for second reading and adoption, Ordinance 77-39, being AN ORDINANCE OF THE CITY Ordinance 77-39 COUNCIL OF THE CITY OF COSTA MESA,.CALIFORNIA, CHANG- ING THE ZONING OF LAND IN THE GENERAL LOCATION.OF Held Over PLACENTIA AND POMONA AVENUES AND HAMILTON AND WEST NINETEENTH STREETS,FROM CL, R3 -CP, AND R4 -CP TO R2 -CP AND R3 -CP; in connection with Rezone Petition R-77-06. A letter has been received from Carol McFarland, representing Mr. and Mrs. Mayo, owners of property located at 765 Hamilton Street, express- ing opposition to the proposed rezone of the property from its present zoning of R4. Mr. Mayo was present to further express his opposition to.the zone change on the basis that he is presently negotiating the sale of his property contingent upon the. R4 zoning. Carlos Young, 918 Center Street, expressed his opinion that the density on the west side is already excessive. Allan Adams, who is presently negotiating the purchase of property at 1926 Wallace Avenue for an apartment development, stated that his project would not be economically feasible if the proposed rezone is approved. After Council discussion, on motion by Councilwoman Smallwood, seconded by Councilman Raciti, and -carried, this.item was continued to the meeting of September 6, 1977, to permit further study. R-77-07 On motion by Councilman McFarland,.seconded by Vice Mayor Hammett, Ordinance 77-40, being AN ORDINANCE OF Ordinance 77-40 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Adopted FORNIA, CHANGING THE ZONING OF A PORTION OF LOTS 18 AND 19, FAIRVIEW FARMS, FROM R4 TO R2 -CP AND R3 -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 Condominium On motion by Vice Mayor Hammett, seconded by Council - Conversions and man Raciti, Ordinance 77-41, being AN ORDINANCE OF New Construction THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE ADDING Ordinance 77-41 PROVISIONS FOR THE REGULATION OF PROPOSED CONDOMINIUMS Adopted AND CONDOMINIUM CONVERSIONS OF RESIDENTIAL PROPERTY, 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-77-22 On motion by Councilman McFarland, seconded by Councilwoman Smallwood, Ordinance 77-42, being AN Ordinance 77-42 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOTS 61, 62, AND 63, TRACT 57, FROM R2 -CP AND R3 -CP TO R3 -CP AND R4 -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-77-23 On motion by Councilman Raciti, seconded by Council- man McFarland, Ordinance 77-43, being AN ORDINANCE Ordinance 77-43 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Adopted FORNIA, CHANGING THE ZONING OF A PORTION OF LOT 19, TRACT 57, FROM C2 TO R2 -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 1 1 1 Title 13 On motion. by Councilman McFarland, seconded by Amendments Councilwoman Smallwood, Ordinance,77-44, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 77-44 MESA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL Adopted CODE ADOPTING ADDITIONAL.DEVELOPMENT STANDARDS AND REVISED. PROCESSING PROCEDURES FOR THE R2, R3, R4, R2 -CP, R3 -CP, AND R4 -CP MULTIPLE.FAMILY RESIDENTIAL DISTRICTS, 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 Financial The Clerk presented from the meeting of August 1, Responsibility 1977, a resolution from the City of Fountain Valley, of Drivers urging enactment of legislation requiring proof of financial responsibility prior to issuance of a driver's license. Vice Mayor Hammett expressed the opinion that enactment of such legislation would be very cumbersome and difficult to enforce, as well as costly to the taxpayers. Councilman McFarland expressed agreement with Vice Mayor Hammett, and stated his main concern is that all vehicles on the road have insurance, and that the Legislature should more appropriately be attempting to solve this prob- lem. Based on the Council's discussion, the City Attorney was requested_ to draft a resolution to be sent to the League.of California Cities expressing these viewpoints. On motion by Vice Mayor Hammett, Resolution 77-104 seconded by Councilwoman Smallwood, Resolution 77-104, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA EXPRESSING ITS PHILOSOPHY WITH RESPECT TO MOTORISTS' OBLIGATIONS FOR FINANCIAL RESPONSIBILITY FOR INJURY TO PERSON OR PROPERTY.OF OTHERS; OPPOSING ANY INSURANCE CONDITION ON THE ISSUE OF A DRIVER'S LICENSE AND EXPRESSING REASONS THEREFOR; AND ORDERING CIRCULATION OF SAID RESOLUTION TO AFFECTED PARTIES, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Revenue Sharing On behalf of the Council committee, Councilman McFar- land presented recommendations for -the allocation of 1977-78 Federal Revenue Sharing funds as follows: $6,000.00 to Assessment and Treatment Service Center, 1940 Southeast Bristol Street, Santa Ana, for a juvenile diversion/family counseling program; $10,512.00 to Costa Mesa Memorial Hospital Auxiliary, 301 Victoria Street, Costa Mesa, for Mesa's Mobile Meals; $18,000.00 to Family Crisis Center, 420 West 19th Street, Costa Mesa, for Youth and Parent Counsel- ing and Foster Home Placement; $23,205.00 to Mardan Center, 695 West 19th Street, Costa Mesa, for assistance to students with learning/behavioral dis- abilities; $6,600.00 to Share Ourselves., 1015 West Baker Street, Costa Mesa,,for emergency service for Costa Mesa residents and transients; $7,000.00 to Voluntary Action Center, 1714 West Balboa Boulevard, Newport Beach, for Senior Volunteer Activities Program; $3,900.00 to Youth Employment Service, 542 West 19th Street, Costa Mesa, for youth employment counseling and training; and $8,100.00 to Department of Mental Health, 170 Del Mar Avenue, Costa Mesa, for "The Shelter" Youth and Family Counseling Center. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, the allocationof funds was approved as 'recom-mended. in. the total amount of $83,317.00, by the following roll call vote: AYES.: Council Members: :Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilwoman Smallwood, seconded by Resolution 999 'Mayor Hertzog, Warrant Resolution -999 -was approved by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Councilman Raciti, seconded by Council - Resolution 1000 woman Smallwood, Warrant Resolution.1000, including Payroll 7716, was approved by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Property Taxes On motion by Vice Mayor Hammett, seconded by Mayor for 1977-78 Hertzog, Resolution 77-105, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY.:OF:COSTA MESA FIXING Resolution 77-105 THE AMOUNT -OF REVENUE FROM PROPERTY -TAXES NECESSARY TO SUPPORT ITS DEPARTMENTS FOR,THE..CURRENT FISCAL YEAR 1977-78, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members:.' None ABSENT: Council Members: None Setting Tax Rate. The City Manager presented various tax rate alter - Per Centum natives for the Council's consideration in establishing the property tax rate for 1977-78. The City Manager recommended Alternative No. 4 which would establish the.General Fund rate at $1.0823 based on a delinquency factor of two per- cent. After discussion, on motion.by Councilwoman Smallwood, seconded by Councilman McFarland, Resolution 77-106 Resolution 77-106, being A -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA -MESA, CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL OF THE TAXABLE PROPERTY WITHIN THE CITY OF COSTA MESA, WHICH IS TAXABLE, FOR MUNICIPAL PUR- POSES, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Setting Tax Rate In accordance with the previous recommendation, the for Open Space City Manager recommended Alternative No. 4 in setting Bond the tax -rate to meet the City's obligation for the 1974 Open Space Bond Issue at $.0593, based on a delinquency factor of -two percent.. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, Resolution 77-107 Resolution 77-107, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,..'CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING' -A TAX UPON ALL OF THE TAXABLE PROPERTY -WITHIN THE CITY OF COSTA MESA i 1 1 WHICH IS TAXABLE.TO.MEET.,-THE.Ci.TY.'S OBLIGATION UNDER THE 1974 OPEN SPACE.BOND..ISSUE FOR -.FISCAL YEAR 1977- 78, was adopted.by the followingroll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Joint Study - The City Manager recommended participation in a joint Selection Methods study with the cities of Huntington Beach, Fountain for Police Officer Valley, Seal Beach, Westminster and Santa Ana College and Fire Fighter for validation of selection methods for Police Officer and Fire Fighter, at a cost to the City of $8,700.00. On motion by Councilman Raciti, seconded by Mayor Hertzog, the -recommendation was approved and authorization given to enter into a contract with Biddle and Associates, for the amount stated, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that.this was the time and place GP -77-2E set for the public hearing, continued from the meet- Cagney ing of July 18, 1977, for General Plan Amendment GP -77-2E, William J. Cagney, 550 Newport Center Held Over Drive, Suite 934, Newport Beach, for permission to amend the land use designation of property located along the north side of Baker Street, east of Babb Street, from Low Density Residential to Medium Density Residential. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. A letter in . opposition to the request has been received from Mr. and.Mrs. Bruce H. Buckley, 2977. Crof tdon Street, Costa Mesa. A letter -in favor of the request has been received from Clarence C. Humphries, 30001 Crown Valley Parkway, Laguna Niguel. The Planning staff recommended approval of the request. The Planning Commission recommended denial and a rezone of the subject property and the.adjacent parcel of 7.25 acres, from Cl -CP -to Rl. Jim.Taylor, repre- senting Long Beach Construction Company, developer of the subject property, was present to address the Council. Mr. Taylor.submitted a letter to the Council in which he states that the development of the subject property is being re-evaluated in terms of its market viability. However, he further indicated that the Council's action on the General Plan. Amendment would be of help in their re-evaluation by establishing the parameters for development. During the discussion which followed, the Council indicated their preference to continue this matter until the results of there - evaluation are available. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the public hearing was continued to the meeting of September 19, 1977. Vice Mayor Vice Mayor Hammett left the meeting at 7:55 p.m. Hammett Leaves Public Hearing The Clerk announced that this was the time and place Final Development set for the public hearing to consider the final Plan - Gregory Development Plan, in connection with ZE-77-117A, James H. Gregory, 3187 Airway Avenue, Costa Mesa, for construction of an 83 -unit residential develop - meet in a PDR -MD zone located south of Sea Bluff Drive (formerly Hamilton Street) at Canyon Drive. Environmental Determination: Negative Declaration. 0� The Affidavit of Publication is.on file in the Clerk's On further motion by Councilman Raciti, seconded by Councilman McFarland, and carried, Vice Mayor Hammett absent, Tentative Map of Tract 10018 was approved subject to conditions as recommended by the Planning Commission. Public Hearing office.. No communications have:been:..received. In Conflict of conjunction with the Final,,Development Plan, Tentative Tentative Map Map of Tract 10018 was presented. The Planning staff of Tract 10018 and the Planning Commission have recommended approval of the Final Development -.Plan and the Tentative Tract Mpa, subjectto conditions. The applicant was present to answer questions from the Council.. Carlos Young, 918 Center Street,. Costa Mesa., asked.on.what basis the Negative Declaration was determined. There being no other speakers, the Mayor closed the:..public hearing. On motion by Councilwoman Smallwood, seconded by Ordinance 77-46 Councilman..McFarland, .the Negative Declaration of First Reading Environmental Impact was accepted .as meeting the Ordinance 77-45 requirements of the law, -and Ordinance 77-45, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,. CALIFORNIA, CONCERNING'THE FINAL DEVELOPMENT PLAN OF JAMES H. -GREGORY, FOR THE DEVELOPMENT LOCATED AT SEA BLUFF DRIVE AND CANYON DRIVE, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett On further motion by Councilman Raciti, seconded by Councilman McFarland, and carried, Vice Mayor Hammett absent, Tentative Map of Tract 10018 was approved subject to conditions as recommended by the Planning Commission. Public Hearing The Clerk announced that this was the time and place Conflict of to consider a proposed ordinance adopting a Conflict Interest Code of Interest-Code'as.required by the Political Reform .Act of 1974. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The City Manager indicated that all employees affected by -this Code have been notified of the public hearing and furnished copies of the ordinance. There being no speakers, the Mayor closed the public hearing. On motion by Councilwoman Small- wood, seconded by Councilman -McFarland, Ordinance Ordinance 77-46 77-46, being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY OF COSTA MESA ADOPTING A CONFLICT OF INTEREST CODE AS REQUIRED BY THE POLITICAL REFORM ACT OF 1974; ESTABLISHING CERTAIN DESIGNATED EMPLOYEES AND OFFI- CIALS REQUIRED TO REPORT -FINANCIAL -INTERESTS; ESTAB- LISHING REPORTING'CATEGORIES; AND.STATING REASONS THEREFOR,was given first reading and passed to .second reading by the following roll call vote: AYES: Council Members: Hertzog, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Business Permit The Clerk presented a.request from the Costa Mesa Jaycees, Post Office Box 1694, Costa Mesa, for a Costa Mesa business permit to sponsor a carnival at Montgomery Jaycees Ward, 3088 Bristol Street, August 19, 20, and 21, 1977. The application has.b een recommended for approval subject to conditions of the Finance, Police, and Fire departments. Kurt Hagel, President of the Jaycees; was present and agreed to the condi- tions. The City Manager recommended that 15 percent of the carnival operator's fee be waived as this represents•the amount -which the Jaycees will collect from the gross sales. After discussion, on motion by Councilwoman Smallwood, seconded.by Councilman Raciti, and carried, Vice Mayor Hammett absent, the permit was approved subject to the -recommendation of the City Manager, and all conditions of the staff. 1 1 Oral Former Mayor Al Pinkley.commended the City Manager Communications and Finance Director for their work in preparation of the tax rate analysis. Mr. Pinkley further expressed appreciation to outgoing City Attorney Roy June for his many years of service to the community. Henry Roberts, 351 East Las Palmas, Fullerton, addressed the Council regarding the difficulty he is experiencing in collecting signatures for a rezone petition due to the fact -that the property owners are traveling in various parts of the world. Mr. Roberts indicated that he does have a written authorization from the property owners to act on their behalf with respect to the subject property, and this letter of authorization was read by the Planning Director. Mr. Roberts requested the Council to initiate the rezone on his behalf for the reason stated that new City .procedures require signatures of all property owners on the application. After lengthy discussion, the Planning Director and City Attorney were requested to determine whether the letter of authorization would suffice in permitting Mr. Roberts to initiate the rezone. Carl Romahn, 2870 Alanzo Lane, Costa Mesa, expressed several concerns with respect to the Mesa del Mar residential tract. Mr. Romahn spoke of traffic and long term parking problems which in turn created difficulty in the street.sweeping operations. Also mentioned was the problem of a single-family resi- dence which houses boarders. After discussion, the Mayor responded to Mr. Romahn that'an investigation into his complaints would be conducted. Roger White, requested approval of a business permit for temporary use of a lot on Harbor Boulevard for meetings in connection with the John Chambers Revival. The City Manager recommended that this request be held to the next meeting due to the fact that the City staff has not had sufficient time to make their recommendations. Mr. White indicated that this delay would probably preclude their program. The Council concluded that they did not have sufficient informa- tion to vote on the matter at this time and therefore no action was taken. Councilmanic Mayor Hertzog discussed the appointment of Robert Comments Campagna to serve as Acting City Attorney until a permanent appointment is made. The City Attorney responded on behalf of Mr. Campagna that he would be willing to serve in this capacity. On motion by Councilman McFarland, seconded by Mayor Hertzog, and carried, Vice Mayor Hammett absent, Robert Campagna was appointed Acting City Attorney effective Septem- ber 1, 1977. Adjournment The Mayor adjourned the meeting at 9:10 p.m. to an Executive Session on August 29, 1977, at 6:30 p.m. in the f if th floor Conference Room of City Hall. a or of the City o o a. Mesa ATTEST: p p City Clerk of the ;City of -Costa sa