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HomeMy WebLinkAbout04/19/1971 - City CouncilREGULAR MEETING OF THE CITY COUNCIL April 19, 1971 PART I I The City Council of the City of Costa Mesa, California, j met in regular session at 6:30 p.m., April 19, 1971, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor for the purpose of discussion and debate on matters scheduled and such actions as the Council desires to take under Section 2203; of the Municipal Code of the City of Costa Mesa. Roll Call Councilmen Present: Wilson, Jordan, Pinkley, St. Clair, Hammett Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk Ordinance 71-6 The Clerk presented Ordinance 71-6, which would adopt by reference Orange County Ordinances 2417, 2385, and 2216, Animal Control which amend Orange County Ordinance 2159, relating to i animal control, welfare, and license and health requirements. Mr. Paul Martin, 236 Walnut Street, Costa Mesa, addressed' the Council regarding proposals for an animal control program in the City of Costa Mesa and he read a letter from the Safety Officer of the United Postal Service. The City Manager suggested that Mr. Martin submit his recommendations to his office. On motion by Councilman Pinkley, seconded by Councilman Jordan, Ordinance 71-6, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING BY REFERENCE ORANGE COUNTY ORDINANCES 2417, 2385, AND 2216, WHICH AMEND ORANGE COUNTY ORDINANCE 2159, RELATING TO ANIMAL CONTROL, WELFARE, LICENSE AND HEALTH REQUIREMENTS, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. -Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 71-7 On motion by Councilman Jordan, seconded by Councilman Hammett, Ordinance 71-7, being AN ORDINANCE OF THE CITY Gisler Avenue COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 3416.4 OF THE MUNICIPAL CODE OF THE CITY OF COSTA; MESA, WITH RESPECT TO THE DESIGNATION OF GISLER AVENUE ASI A THROUGH STREET, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Hammett, St. Clair NOES: Councilmen: Pinkley ABSENT: Councilmen: None CONSENT CALENDAR ITEMS: On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the following Consent Calendar Items were approved in one motion., Proposed A letter from the Local Agency Formation Commission Annexation regarding a public hearing to be held on April 28, 1971, to Tustin on the proposed United States Marine Corps -Irvine Annexation No. 71 to the City of Tustin was received and processed as the south line is Barranca Road. 1 1 fl �FY Proposed Park A letter from Mrs. W. M. McNeilly, 2929 Royal Palm Drive, Area supporting a plan for proposed public park area in three hundred surplus acres between Fairview State Hospital and the Santa Ana River was received and processed. Bologh Letter "Operation Alert" Letter and Resolution Board of Supervisors Resolution Regarding Upper Newport Bay A letter from Ted C. Bologh, 286 Del Mar Avenue, regarding matters concerning Costa Mesa Golf and Country Club was received and processed. A letter and resolution from the City of Anaheim in support of "Operation Alert" were received and processed. A resolution adopted by the Board of Supervisors of Orange County supporting the establishment of a national wildlife or ecological area in Upper Newport Bay was received and processed. The Kings Inn An application for an on sale beer license from Leo W. Pauly, 1318 Belfast Avenue, for The Kings Inn, 720 Randolph Street, for which the Planning Department approved parking, was received'and processed. Bamboo Terrace An application (supplemental) for an on sale general license from Dennis and Katherine L. Young, 3420 West Canoga Place No. 3, Anaheim, for The Bamboo Terrace, 153 East 17th Street, Costa Mesa, for which the Planning Department approved parking, was received and processed. Country Cousins An application for person-to-person transfer of an off sale beer and wine license from Anita J. and Paul Palmer to James D. Hudson, James 0. Hudson, Nelse R. Shepard for Country Cousins, 1031 El Camino Drive, Costa Mesa, for which the Planning Department approved parking, was received and processed. The Maverick An application for person-to-person transfer of an on sale beer license from Alice T. Verish to Wencesla G. Alvarez for The Maverick, 1728 Newport Boulevard, for which the Planning Department approved parking, was received and processed. Departmental The following Departmental Reports were xeceived and Reports processed: City Clerk for claims filed since last meeting; Parks Department; Police Department; Fire Department; Traffic Engineer. Refund Atlas Builders, 2432 Newport Boulevard, Costa Mesa, requested a refund of 85 percent of a building permit fee, Atlas Builders in the amount of $29.75, for work which was to have been done at 382 Walnut Street, Costa Mesa. The Building Safety Director recommended approval of the refund as the contractor will not be doing the work for which the permit was issued. The refund was authorized by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None An application for a person-to-person transfer of an on Alcoholic Beverage sale general alcoholic beverage license (duplicate) Licenses from Earl Atkinson to Harry S. Green, Incorporated, for Costa Mesa Golf the Costa Mesa Golf and Country Club, for which the and Country Club Planning Department approved parking, was received and processed. The Kings Inn An application for an on sale beer license from Leo W. Pauly, 1318 Belfast Avenue, for The Kings Inn, 720 Randolph Street, for which the Planning Department approved parking, was received'and processed. Bamboo Terrace An application (supplemental) for an on sale general license from Dennis and Katherine L. Young, 3420 West Canoga Place No. 3, Anaheim, for The Bamboo Terrace, 153 East 17th Street, Costa Mesa, for which the Planning Department approved parking, was received and processed. Country Cousins An application for person-to-person transfer of an off sale beer and wine license from Anita J. and Paul Palmer to James D. Hudson, James 0. Hudson, Nelse R. Shepard for Country Cousins, 1031 El Camino Drive, Costa Mesa, for which the Planning Department approved parking, was received and processed. The Maverick An application for person-to-person transfer of an on sale beer license from Alice T. Verish to Wencesla G. Alvarez for The Maverick, 1728 Newport Boulevard, for which the Planning Department approved parking, was received and processed. Departmental The following Departmental Reports were xeceived and Reports processed: City Clerk for claims filed since last meeting; Parks Department; Police Department; Fire Department; Traffic Engineer. Refund Atlas Builders, 2432 Newport Boulevard, Costa Mesa, requested a refund of 85 percent of a building permit fee, Atlas Builders in the amount of $29.75, for work which was to have been done at 382 Walnut Street, Costa Mesa. The Building Safety Director recommended approval of the refund as the contractor will not be doing the work for which the permit was issued. The refund was authorized by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Dance License A yearly dance license for Outer Limits, Donald T. Bull, Outer Limits 780 West 19th Street, Costa Mesa, which was approved by .the Fire and Police Departments, and which was approved by canvass of the Council, was ratified. Cycle Swap, An application for a business license for Larry Huffman. Incorporated and Vic Wilson, doing business as Cycle Swap, Incorporated, 4213 Riverdale, Anaheim, California, for a one -day auction at the Orange County Fairgrounds of motorcycles and parts;, on April 30, 1971, was approved. Proposed A proposed ordinance creating a requirement for Zone Ordinance - Exception Permit for any business establishment in which Visual Display all or any portion of said business premises is devoted to sale or display of communication, visual or other similar materials forbidden to be advertised, sold or distributed to minors under the age of twenty-one was set Set For for public hearing to be held in the Council Chambers, Public Hearing 77 Fair Drive, Costa Mesa, on May 3, 1971, at 7:30 p.m. Proposed Ordinance Off - Street Parking Set For Public Hearing Rezone Petition R-71-5 Irvine Company Set for Public Hearing A proposed ordinance amending Section 93501.1 (b) of Chapter 9, Article 3, Division V of the Costa Mesa Municipal Code, relating to garages and off-street parking was set for public hearing, to be held in the Council Chambers, 77 Fair Drive, Costa Mesa, on May 3, 1971 at 7:30 p.m. i Rezone Petition R-71-5, Irvine Company, 550 Newport Center Drive, Newport Beach, for permission to rezone property described as Lots 9, 20 and 21, Tract 5769, Lot 2, Tract 6256 and Lot 3, Tract 6368, located in the general area between the Newport Freeway and Redhill Avenue and between Fischer Avenue and McCormick Avenue, from M1 to Cl -CP, was set for public hearing to be held in the Council Chambers, 77 Fair Drive, Costa Mesa, on May 3, 1971, at 7:30 p.m. i Rezone Petition Rezone Petition R-71-6, S. V. Hunsaker, Jr., Post Office R-71-6 Box 3820, Fullerton, for permission to rezone property Hunsaker described as portion of Lot 3 in Block E of the Berry Tract, located at 666 Baker Street, Costa Mesa, from R4 -CP to Cl -CP, was set for public hearing to be held Set For in the Council Chambers, 77 Fair Drive, Costa Mesa, on Public Hearing May 3, 1971, at 7:30 p.m. Right of Way The following right of way deeds were accepted and ordered Deeds placed on record with the Orange County Recorder, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, ; St. Clair, Hammett _ NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 4-1-71 Security Pacific National Bank East 17th Street 4-1-71 James R. and Carol Westling Alley Widening -19th Minutes Councilman St. Clair requested that the Minutes of the April 5, 1971 Regular Meeting of April 5, 1971, be amended in the matter of Resolution 71-22, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, SUPPORTING ASSEMBLYMAN BURKE`S. OPPOSITION TO ASSEMBLY BILL 437 AND DECLARING REASONS THEREFOR. Mr. St. Clair requested that the minutes show that he voted against the resolution only because he had not read Assembly Bill 437 and had not seen a copy of the resolution. The Minutes were corrected, as requested, and on motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the Minutes of the Regular Meeting of April 5, 1971, were approved as amended. 1 1 i Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 665 Pinkley, Warrant Resolution 665 was approved by the following roll call vote: AYES: Councilmen: Jordan, Pinkley, Wilson, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Councilmen: Hammett Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 666 Pinkley, Warrant Resolution 666, including Payroll 7107 was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Retirement The City Manager presented his recommendations for changes System Changes in the present retirement system as follows: After completion of 20 years of service and attainment of age 55, safety members, only, may retire with normal retirement age benefits, but in no event shall normal retirement age exceed age 60. If, at age 55, a safety member has not completed 20 years of service, he shall be eligible for normal retirement age benefits the first of the month following his attainment of 20 years of credited service. For all members of the plan an increase in past service credits from one and one-half percent to two percent was recommended; and for all employees who were hired prior to July 1, 1962, (with no interruption in service) it was suggested that they be credited with one-half percent for the period from their date of hire to July 1, 1962. Those employees who are not currently in the Plan whose hire date was prior to July 1, 1962, wishing to re-enter the Plan and take advantage of this one-half percent for past service credits must apply no later than October 1, 1971. A third recommendation was for all members of the plan for present vesting requirements to be changed as follows: Upon completion of ten years of credited service, regardless of age, a member will be 100 percent vested. On motion by Councilman St. Clair, seconded by Councilman Pinkley, amendment 70.5 to The Retirement Plan for employees of the City of Costa Mesa was approved which will become effective July 1, 1971, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Conference On motion by Councilman Pinkley, seconded by Councilman Advances St. Clair, ratification of conference expense advance for Authorized Lieutenant Avery Smith of the Costa Mesa Police Department to attend a_Conference on Traffic Law Enforcement at Northwestern University; Evanston, Illinois; from April 12 through April 30, 1971, in the amount of $433.10; and conference expense advance for Police Chief Roger Neth, in the amount of $195.00 and Captain Robert Moody, in the amount of $180.00 to attend a conference of California Peace Officers Association in San Francisco, from May 9 through May 12, 1971,.were approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None 5r?rf�v On motion by Councilman St. Clair, seconded by Councilman Widening of On motion by Councilman St. Clair, seconded by Councilman Sunflower Pinkley, and carried, bids were authorized for the widening of Sunflower Avenue from Fairview Road to 860 Bids Authorized feet east of Fairview Road, Gas Tax Project No. 80, to be opened by the Clerk on May 11, 1971, at 11:00 a.m. Medians on Jordan, Resolution 71-28, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING' Pinkley, and carried, bids were authorized for the POLICIES TO BE USED AS GUIDELINES FOR THE PURPOSE OF Resolution 71-28 PROTECTING,STUDENTS_GOING TO.AND FROM SCHOOL AND FOR----! THE PLACEMENT OF TRAFFIC CONTROL DEVICES NEAR SCHOOLS,- Protecting was adopted by the following roll call vote: Students' AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None Janitorial ABSENT: Councilmen: None Ordinance 71-8 On motion by Councilman Pinkley, seconded by Councilman! of Janitorial Services in the City Hall and Police Facility, Jordan, Ordinance 71-8, being AN ORDINANCE OF THE CITY OF Explosives COSTA MESA RELATING TO PERMITS FOR THE HANDLING OF EXPLOSIVES WITHIN THE CITY OF COSTA MESA AND MAKING The City Manager stated that at the meeting of January 18, PROVISION THEREFOR, was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, of James Mizell, 445 East 17th Street, Costa Mesa, said St. Clair, Hammett 60 -day Extension NOES: Councilmen: None ABSENT: Councilmen: None Pumper Test Pit On motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, bids were authorized for the Bids Authorized construction of a pumper test pit at the Placentia Avenue standard. If this was not done at the end of 90 days, the Fire Station, to be opened by the Clerk on May 11, 1971, at 11:00 a.m. Widening of On motion by Councilman St. Clair, seconded by Councilman Sunflower Pinkley, and carried, bids were authorized for the widening of Sunflower Avenue from Fairview Road to 860 Bids Authorized feet east of Fairview Road, Gas Tax Project No. 80, to be opened by the Clerk on May 11, 1971, at 11:00 a.m. Medians on On motion by Councilman Jordan, seconded by Councilman Newport Pinkley, and carried, bids were authorized for the construction of medians on Newport Boulevard from 17th Bids Authorized Street to 19th Street, to be opened by the Clerk on May 11, 1971, at 11:00 a.m. Bid Item 173 Janitorial Bids were authorized for Bid Item No. 173, the furnishing Service of Janitorial Services in the City Hall and Police Facility, Bids Authorized to be opened by the Clerk on May 14, 1971, at 11:00 a.m. James Mizell The City Manager stated that at the meeting of January 18, 1971, the property owned by Forman Development Company, care Request for of James Mizell, 445 East 17th Street, Costa Mesa, said 60 -day Extension property located at 450 and 462 East 17th Street, was declared a public nuisance and the owner of the property was given 90 days time to demolish or to bring buildings up to standard. If this was not done at the end of 90 days, the City was to go in and demolish the buildings and place a lien on the property. The City Manager said that he had received a request from Mr. Mizell for an extension of time of 60 days for the project. On motion by Councilman Hammett, seconded by Councilman Jordan, the request for a 60 -day Granted extension of time was granted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None r� The Mayor declared a recess at 7:10 p.m. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:30 p.m., April 19, 1971, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance and Invocation by The Reverend M. Phillips, First Assembly .of God Church, Costa Mesa. 1 i 1 Roll Call Councilmen Present: Wilson, Jordan, Pinkley, St. Clair, Hammett Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk Van Doren Rubber The Clerk presented a request from the Van Doren Rubber Company Company, Incorporated, 704 East Broadway, Anaheim, for Sunflower No. 4 relief from setback Ordinance No. 369 which would allow Request for a setback of 70 feet from the center line of Harbor Relief from Boulevard, for property located on the west side of Harbor Ordinance Boulevard beginning 258 feet south of southwest corner of Requirement Harbor Boulevard and MacArthur Boulevard, for a distance of 242 feet, for which the Planning Commission had Resolution 71-30 recommended denial. Mr. John Corda, 13719 Ventura Boulevard, Sherman Oaks, addressed the Council and as a representative of the Van Doren Rubber Company, requested that the matter be referred back to the Planning Commission. Returned to On motion by Councilman St. Clair, seconded by Councilman Planning Pinkley, and carried, the request was returned to the Planning Commission. Public Hearing The Mayor announced that this was the time and place set for the public hearing on the request from Seal's Increase in Ambulance Service and Schaefer's Ambulance Service for Ambulance increase in mileage rates from one dollar ($1.00) to one Mileage Rates dollar and fifty cents ($1.50) per mile; all other rates presently in effect are to remain unchanged. The City Manager requested that the matter be held open to the meeting of May 3, 1971, as the Chief of Police did not have enough time to investigate the matter thoroughly. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the public hearing was continued to the meeting of May 3, 1971, at which time the Police Continued Chief will have completed his investigation. Resolution 71-29 On motion by Councilman Jordan, seconded by Councilman Hammett, Resolution 71-29, being_A RESOLUTION OF THE CITY Against Newport COUNCIL OF THE CITY OF COSTA MESA, URGING THE APPROPRIATE Beach Charter LEGISLATIVE ASSEMBLY COMMITTEES TO VOTE AGAINST THE Amendment. PROPOSED CHARTER AMENDMENT OF THE CITY OF NEWPORT BEACH RELATING TO FREEWAY ROUTE ELECTION AND STATING REASONS THEREFOR, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None The City Clerk is to forward a copy of Resolution 71-29 to the Chairman and each member of the appropriate committees charged with consideration of the legislation affecting the said Charter amendment. Public Hearing The Mayor announced that this was the time and place Sunflower No. 4 set for the public hearing on the proposed annexation of Annexation Sunflower No. 4 to the City of Costa Mesa. The affidavits_ of publication and posting are on file in the office of the City Clerk. There being no one interested in speaking, the Mayor declared the public hearing closed. On motion by Councilman Jordan, seconded by Councilman Resolution 71-30 Pinkley, Resolution 71-30, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, DECLARING CERTAIN PROPERTY ANNEXED TO SAID CITY, DECLARING ANY ACTION WITH RESPECT TO PROTESTS', IF ANY, AND APPROVING SAID ANNEXATION, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Councilman Hammett left his seat on the Council at 7:35 p.m. Public Hearing The Mayor announced that this was the time and place set The Clerk presented Zone Exception Permit ZE-71-23, Wakula for the public hearing continued from the meeting of held over from the meeting of April 5, 1971, Max C. April 5, 1971, to determine if a structure owned by Geffner, doing business as Riviera Sofa Bed Company, John Wakula, 1128 Gleneagles Terrace, Costa Mesa, should 127 South Main Street, Santa Ana, for permission to allow be declared a public nuisance. Held Open The Director of Building Safety and City Manager stated -_ that as of late in the afternoon and early in the available (52 spaces required) and encroachment of five evening of this date, the conditions existing on the feet into the required 15 -foot side yard setback for property had not been corrected as requested in a letter construction of a commercial building for Riviera Sofa, received by Mr. Wakula. Mr. Wakula was not present at in a C2 zone, at 3015 Bristol Street. The Director of this time, and the Mayor requested that this hearing be Planning addressed the Council, stating that he believed held open until 8:00 p.m. On motion by Councilman all parties interested had reached a mutual agreement on Jordan, seconded by Councilman St. Clair, Councilman the matter of the easement which was discussed. Mr. John Hammett absent, the matter was held open until 8:00 p.m., Hendinger, Mobil Oil Corporation, addressed the Council as requested by the Mayor. and stated that at the time his company had reviewed the Geen Request On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, a request from Henry Geen, 431 East 20th Street, Costa Mesa, for refund of $169.55 in connection with Zone Exception Permit ZE-14-71, which was withdrawn at the applicant's request on April 5, Denied 1971, was denied. Mark C. Bloome Held over from the meeting of April 5, 1971, appeal of Appeal denial of Zone Exception Permit ZE-81-69, Mark C. Bloome, Jr., for permission to install four vertical hydraulic hoists under canopy in front of Mark C. Bloome Tire Company operation at 3005 Harbor Boulevard, Costa Mesa. The matter was held over to 8:00 p.m. as Mr. Bloome was not yet present, on motion by Councilman St. Clair, seconded by Held Over Councilman Jordan, and carried. Zone Exception The Clerk presented Zone Exception Permit ZE-71-23, ZE-71-23 held over from the meeting of April 5, 1971, Max C. Geffner Geffner, doing business as Riviera Sofa Bed Company, Riviera Sofa 127 South Main Street, Santa Ana, for permission to allow Bed a reduction of on-site parking where 18 spaces are available (52 spaces required) and encroachment of five feet into the required 15 -foot side yard setback for construction of a commercial building for Riviera Sofa, in a C2 zone, at 3015 Bristol Street. The Director of Planning addressed the Council, stating that he believed all parties interested had reached a mutual agreement on the matter of the easement which was discussed. Mr. John Hendinger, Mobil Oil Corporation, addressed the Council and stated that at the time his company had reviewed the agreement, their legal counsel had not been advised of the contents and had some questions on a few small items. Mr. P. Geddes, representing BACO Corporation, master lessee of the property, was present and stated that he felt the items were -minor and could be settled without any, difficulty. The Mayor requested all of the parties involved to meet in an adjoining room to confer and settle the problems if they could, and then to return whenever they are ready to resume their place on the agenda. Councilman Hammett returned to his seat on the Council at this time. __. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-29 ZE-71-29, held over from the meeting of April 5, 1971, Photo Disc for Photo Disc Corporation, 1674 McGaw, Santa Ana, for Corporation permission to.install and operate a drive-thru photo development and film and tape sales carousel at the southeast corner of 19th Street and Wallace, in a Cl zone. The Planning Commission recommended approval subject to conditions. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved subject to conditions. The application for Zone Exception Permit ZE-71-26, Western Association of Baptists, 219 South Western Avenue, Anaheim, was held over to later in the meeting. Councilman Hammett left his seat on the Council at this time. Zone Exception The Clerk presented an application for Zone Exception ZE-39-70 Extended Permit ZE-39-70, Extended, Charles S. Brown, 205 Dartmouth Place, Costa Mesa, for permission to continue to operate Charles S. Brown a pet photographic studio, as a home occupation, on a limited basis, for a quadruplegic, on property located at the same address, in an R1 zone. The'Clerk stated that she had received two communications, one in favor of the application and one against. The applicant was present and agreed to the conditions. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, Councilman Hammett absent, the application was approved subject to the conditions, as recommended by the Planning Commission. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-34 ZE-71-34, Al Jacobs, for Mesa Produce, for permission to Al Jacobs for allow open display (outside main building) of seasonal Mesa Produce fruits and vegetables incidental to a produce business, on property located at that address, in a C2 zone. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, Councilman Hammett absent, the application was approved subject to conditions, as recommended by the Planning Commission. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-35 ZE-71-35, Melven Genser Sign Company, 5321 Vineland, North Melven Genser Hollywood, for permission to continue to maintain one Sign Company existing single face 10 -foot by 20 -foot directional sign to advertise Tract 6508 (which is located at Palisades Road and Newport Boulevard). Said sign is located at 2668 Newport Boulevard, in a C2 zone. The Planning Commission recommended approval subject to conditions. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, Councilman Hammett absent, the application was approved subject to conditions. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-37 ZE-71-37, Mark Howard and Dan Arthofer, 1716 Orange Mark Howard and Avenue, Suite C, Costa Mesa, for permission to develop Dan Arthofer three lots consisting of four apartment units per lot subject to the "CP" Policy Standards and to allow an encroachment of five feet into the required ten -foot rear yard setback on the most westerly lot, on property located at the northwest corner of Canyon Drive and Victoria Street, Costa Mesa, in an R4 -CP zone. The Planning Commission recommended approval subject to conditions. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, Councilman Hammett absent, the application was approved subject to conditions. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-38 ZE-71-38, Stanley M. Jeranko, 1921 Lanai Circle, Costa Mesa, Stanley M. for permission to construct a patio roof 12 feet by 33 Jeranko feet over an existing slab with an encroachment of 7.00 feet into the required rear yard setback of 20.00 feet on property located at 1921 Lanai Circle, Costa Mesa, in an R1 zone. The Planning Commission recommended approval with no conditions. On motion by Councilman Jordan, seconded by Councilman Pinkley, and. carried, Councilman Hammett absent, the application was approved. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-39 ZE-71-39, H. M. Holzer, 1015 Chavez Street, Burbank, for H. M. Holzer permission to exceed the height limit per Section 9280.2.4 of the Municipal Code to a maximum of three stories for the construction of a 20 -unit apartment complex with a ten -foot front yard encroachment into a required 50 feet I rom the center line of street and a 12.5 foot rear yard encroachment measured from the center line of alley for the second story, on property located at 216 16th Place, . Costa Mesa, in an R3 -CP zone. The Clerk reported that two letters of objection had been received against the application. The Planning Department recommended denial. Councilman Jordan made a motion to hold the application over for.two weeks. Councilman St. Clair suggested that the application also be returned to the Planning Commission. Mr. Jordan amended his motion to request Returned to that the application be returned to Planning Department Planning in order that it may be studied further and Planning will then notify all interested parties. The motion was seconded by Councilman St. Clair, and carried, Councilman Hammett absent. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-40 ZE-71-40, Harland C. Anderson, 1915 Diana Lane, Newport Harland C. Beach, for permission to construct a triplex on an Anderson R3 -CP zoned lot containing 5,741.10 square feet of land area instead of the required 6,000 square feet (short 258.90 square feet) on property located at 225 Ogle Street, Costa Mesa. The Planning Commission recommended approval subject to conditions. The Clerk stated that one letter of objection had been received. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, Councilman Hammett absent, the application was approved subject to conditions. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-41 ZE-71-41, Edward J. Murphy, 924 Junipero Drive, Costa Edward J. Murphy Mesa, for permission to encroach one foot, 4 inches into the five foot required side yard setback in order to construct a bedroom addition, on property located at the same address, in an Rl zone. The.Planning Commission recommended approval with no conditions. The Clerk stated that one letter of opposition to the application had been received. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, Councilman Hammett absent, the application was approved. Councilman Hammett returned to his seat on the Council at this time. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-43 ZE-71-43,.Modular Technology, Incorporated, for permission Modular to develop lots'12, 13, 15, 16, 17 and 18, Tract No. 6614 Technology, with the following deviations: (A) minimum front yard Incorporated setback of ten feet and (B) minimum rear yard setback of ten feet located at 1657, 1659, 1663, 1662, 1660 and 1658 Iowa Street, Costa Mesa, in an Rl zone. The Planning Commission recommended approval with no conditions. i i ZE-71-43 Modular Mr. Bill Rawlings addressed the Council as the representative Technology, of Modular Technology, Incorporated. On motion by Incorporated Councilman Jordan, seconded by Councilman Hammett, and Continued carried, the application was approved. Zone Exception The Mayor announced that all parties involved in the ZE-71-23 agreement in conjunction with Zone Exception Permit Max C. Geffner ZE-71-23, Max C. Geffner, doing business as Riviera Sofa doing business as Bed Company discussed previously in the meeting had returned Riviera Sofa Bed and the matter would now be resumed. The Director of Company. Planning stated that he believed that they had reached a mutually acceptable agreement. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, Councilman Hammett abstaining, the application was approved subject to all the conditions.listed on the application and also Condition No. 17: That a mutual easement agreement be developed between Baco, Mobile, Riviera and H & M Company prior to the opening of the Riviera Sofa Bed Company for the existing 35 foot easement along the southerly side of the proposed building, and a request for a change in the location of a wrap around window be cleared through the Building Safety Director and the curb breaks be cleared through Traffic Engineering. Mark C. Bloome The Clerk presented an item held over from an earlier Appeal of Denial portion of the meeting, an appeal of denial of Zone Zone Exception Exception Permit ZE-81-69, Mark C. Bloome, Jr., which ZE-81-69 was held over from the meeting of April 5, 1971, for permission to install four vertical hydraulic hoists under canopy in front of Mark C. Bloome Tire Company operation at 3005 Harbor Boulevard, Costa Mesa. Mark C. Bloome, Jr., 5555 Sepulveda Boulevard, Culver City, was present and addressed the Council. He stated that they did not wish to go to litigation with the City on the matter of having these hoists installed in an improper manner. He was advised by members of the Council that they had made it quite clear at the time he requested the hoists that they were to be enclosed only and that was why the permit for their installation under a canopy was denied. After a lengthy discussion, the request..for appeal of denial was denied on motion by Councilman Hammett, seconded by Councilman Jordan, and carried, Councilman St. Clair voting No. Public Hearing The Mayor announced that this was the time and place set John Wakula for the continuation of the public hearing from the meeting of April 5, 1971, to determine if a structure owned by John Wakula, 1128 Gleneagles Terrace, Costa Mesa, should be declared a public nuisance. The affidavit of publication is on file in the office of the City Clerk. Mr. Wakula was not present. The City Attorney advised the Council that if, after hearing evidence, they could declare the property a public nuisance. The City Manager stated that Mr. Wakula had signed for receipt of the letter advising him of the violations and requesting compliance with certain requirements of the Building Safety Director,.but as of late this date they had not been completed._ There being no one interested in speaking, the Mayor closed the public hearing. Mr. Norman Slater, President of the Marina -Highlands Homeowners Association, addressed the Council and stated that Mr. Wakula had refused offers of help in order to solve his problems. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, the property was declared a public nuisance. ZS 30 -days to On motion by Councilman Jordan, seconded by Councilman Abate Nuisance St. Clair, and carried, thirty days time was given to Mr. Wakula to abate the public nuisance. City Attorney to The Council instructed the City Attorney to study the Study Time Limit various methods of establishing some limit of time in for Building which projects for which building permits have been Permits issued should be completed. The City Attorney stated that this could be done by amending the building code. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-26 ZE-71-26, Western Association of Baptists, 219 South Western Western Avenue, Anaheim, for permission to exceed Association of permissible building height allowing construction of a Baptists 270 -unit residential apartment building in a Cl zone, not to exceed 18 stories in height, per Section 9294.2 of the Municipal Code, and to allow 106 open parking spaces in lieu of the required 365 combined open and covered spaces, on property located at 650 West 19th Street, Costa Mesa. The City Manager requested a two-week delay in this matter, as there were some questions raised at the Planning Commission meeting; and some arrangements his office wanted to explore with the Housing Urban Development (HUD) and the Federal Housing. Authority (FHA) concerning a service contract which the Western Association of Baptists has verbally agreed to pay, but some points the City Manager feels should be clarified before the Council makes any decision on the project. Within the two-week period the City Manager will attempt to get from the Federal Government an irrevocable letter stating that they will agree to pay for service costs or any other charges that the City may deem necessary to place upon the building. Reverend Harley Murray- 219 South Western Avenue, Anaheim, representing the Western Association of Baptists, addressed the Council and requested Council to attempt to reach a decision at this meeting as they must have a definite site for the project before they can communicate with FHA, even if an approval had many conditions attached to it. Mr. Don Fears, Anaheim, architect for the project addressed the Council and also impressed upon the Council that the applicants had agreed to the sprinkler system and several other conditions attached to the application. Councilman Pinkley delivered a brief report on a meeting with Mr. Bill Hughes, who is in charge of senior citizen projects for HUD, while he was in Washington, D. C. Councilman Pinkley stated that he was anxious to make certain that the Government will sign an agreement to pay the service costs and that he and other members of the Council were concerned about the property after the loan was paid off. Reverend Murray stated that one of the stipulations of the FHA insured loan (236 Loan) was that ownership could not be transferred for a certain number of years. Mr. James Jenkins, La Mirada, attorney for the. applicants, addressed the Council, and stated that he was certain that FHA would not consider the matter until the whole package was presented to them, including zoning, which could only be assured by approval of the zone exception application, even with conditions. Mr. Donald E. Smallwood, 1981 Kornat Drive, Costa Mesa, addressed the Council and urged them to use caution in approving the application as this was a.loss of revenue to the City which could not be gained in any other way. He stated that he was against the project for this reason, and that it would be an additional burden for the taxpayers Zone Exception in the City. Mrs. Kevin Nelson, Costa Mesa, addressed ZE-71-26 the Council and stated that she was against the project. Western Mr. Archie Mann, 640 Beach Street, Costa Mesa, spoke Association of against the project. Baptists 236 program, and this had nothing to do with them being a Continued Mr. Fears,.the architect spoke again and displayed the layout of his project. He also went into detail regarding the service costs which the Western Association of Baptists had agreed to pay. Councilman Jordan stated that if FHA would go along with the user's fee, he wondered. if 'it would be feasible that they might be willing to pay the total tax, taking into consideration that there would be quite a large loss to the City between the taxes that would be paid on the same type building by a private company and the service costs that may be paid by the government for the applicant. The City Manager stated that according to a telephone conversationhe had on this date with Mr. Gordon Hunt of FHA in which he had made the same suggestion, Mr. Hunt indicated that these additional costs would more than likely make the project economically unfeasible. The applicant's attorney stated that if these additional costs were to be paid the rents would only have to be raised in order to cover the additional expense and it would be difficult for retired people to pay the high rents. The City Attorney reminded the Council that this organization was non-profit and this was why service costs were being discussed and not taxes, as they were tax-exempt. Councilman St. Clair questioned Reverend Murray as to whether the 236 project would allow service costs but would not allow property tax payment. Reverend Murray stated that only the 236 program for the elderly would not allow the payment of property tax, but not other sections of the 236 program, and this had nothing to do with them being a non-profit organization. He also advised that this same structure could be built under a co-op plan or limited dividend. Reverend Murray stated that there must be a non-profit sponsor of the project, which is Western Association of Baptists, and Costa Mesa Towers is the owner and this is who the property would revert to after 40 years. He also claimed that the corporation of Costa Mesa Towers has not yet been formed. Reverend Murray stated that a clause could be inserted in the deed to have the property revert to Costa Mesa Towers and remain a non-profit corporation administered by elderly people, and that they would even assign it to a Costa Mesa Housing Authority, if they have one in 40 years. He stated that they were not concerned about ownership. They were interested in providing housing for elderly people at a cost that they can afford. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, the application was held over for two weeks, during which time the City Manager will contact the proper authorities at HUD to see if a commitment can be obtained from them. Oral Andrew Padilla addressed the Council regarding procedures Communications followed by the Council. Oral Communications Continued Jeffrey Lytell, 1662 Naomi Place, Costa Mesa, addressed the Council regarding limiting the number of high rise buildings, and ecology. Mr. Mike Glendine, an instructor from Estancia High School, addressed the Council regarding Earth Day. The Mayor declared the meeting adjourned at 9:55 p.m. r y F ew hi / l� r x ` he��C� f r+�✓a'�Yiiai i 7 a yor of the City of Costa Mesa ATTEST: City Clerk of the City ofsta Mesa 1 1 i