Loading...
HomeMy WebLinkAbout05/03/1971 - City Council1 REGULAR MEETING OF THE CITY COUNCIL May 3, 1971 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., May 3, 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, Pinkley, St. Clair, Hammett Councilmen Absent: Jordan Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk Ordinance 71-8 On motion by Councilman Pinkley, seconded by Councilman Explosives St. Clair, Councilman Jordan absent, Ordinance 71-8, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA RELATING TO PERMITS FOR THE HANDLING OF EXPLOSIVES WITHIN THE CITY OF COSTA MESA.AND MAKING PROVISION THEREFOR, was Adopted given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan CONSENT CALENDAR ITEMS: On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, Councilman Jordan absent, the following Consent Calendar Items were approved in one motion. Minutes The Minutes of the regular meeting of April 19, 1971, were April 19, 1971 approved as distributed and -posted. Letter A letter from E. Trochim, 9702 Bolsa, Westminster, Requesting requesting an amendment to City Ordinance on M-1 zoning Zone Change to allow dual use was referred to the Planning Commission. Complaint A letter from Jacquelyn Blatterman,. 2828 Europa Drive, Independent Costa Mesa, objecting to advertising material delivered by American Independent American Post Office, was received and the Post Office Clerk was directed to forward a copy of the letter to the Independent American Post Office company. Letter Regarding A letter from Kim Purington, 1104-B Victoria, Costa Mesa, Preservation of regarding preservation of wildlife and green spaces, was Wildlife received and processed. Revenue A letter from Californians for Revenue Sharing, 47 Kearny Sharing Street, Suite 800, San Francisco, informing the Council of their support of the concept of revenue sharing, and urging the Council to adopt a suggested resolution which was enclosed in their letter, was received and processed. Opposition To A letter from the City of Santa Barbara City Council, Post Compulsory Office Drawer P -P, Santa Barbara, expressing strong Binding opposition to enactment of Senate Bill 333 which provides Arbitration for compulsory and binding arbitration of wages, hours, and other conditions of employment for local police and fire personnel, was received and processed. Letter Opposing A letter from the Orange County Fire Chiefs' Association, Compulsory James F. Sims, President, 10200 Slater Avenue, Fountain Binding Valley, expressing strong opposition to Senate Bill 333, Arbitration was received and processed. Grand Jury A request from Archie Mann, 698 West 19th Street, Costa System Mesa, for support of Senate Bill 1300 regarding the Grand Jury System, was received and processed. Green Belt Plan A Notice of Public Hearing from Environmental Planning License Fee Advance apportionment of vehiclelicense fee revenues Revenues for fiscal year 1970-71 from the State Controller, Houston Flournoy, was received and processed. Alcoholic An application for person-to-person transfer of an on Beverage Licenses sale general license from Esmail Rakhshani, to Durlac, Incorporated, for The Caspian, 1670 Newport Boulevard, for which the Planning Department approved parking, was The Caspian received and processed. Little Bavaria An application for a person-to-person transfer of an on Hofbrau sale beer license from Adeline L. and Frank G. Novak, to Marjorie L. and Richard P. Andrews, for Little Bavaria Hofbrau, 2052 Newport Boulevard, for which the Planning Department approved parking, was received and processed. 1 1 1 Division, Orange County.Planning Department, 211 West Santa Ana Boulevard, Santa Ana, to be held on May 11, 1971, on the Santa Ana/Santiago Creek Green Belt Plan, was received and processed. Complaint A letter from Paul A. Hanna, 419 East 17th Street, Costa Regarding Mesa, complaining about flooding conditions in front of Flooding the building located at that address, during heavy rain, Conditions was received and processed, as requested information has already been mailed to Mr. Hanna. Kiwanis Pancake A letter of request from R. Keith Dinsmoor, Costa Mesa Breakfast Kiwanis Club, 350 East 17th Street, Suite 111, Costa Mesa, for permission to use Costa Mesa Park for their Annual Pancake Breakfast to be held on May 15, 1971, from 7:00 a.m. to 12:00 noon, and to use a loudspeaker on vehicle on May 8 through 15, 1971, was approved. Baseball A letter from Reverend Ron Hartman, Harbor Trinity Baptist Facilities Church, 1230 Baker Street, Costa Mesa, requesting additional baseball facilities to be made available to the City youth was referred to the Directors of Parks and Recreation. Surplus Land A letter from Frank E. Oliver, for C. E. Dixon, State of Resolution California Department of General Services, 915 Capitol Mall, Suite 590, Sacramento, acknowledging receipt of Costa Mesa's Resolution 71-18, regarding surplus land at Fairview State Hospital, and stating that a copy of the resolution has been forwarded to the Director of the State Department of Parks and Recreation, was received and processed. Letters of Letters_of acknowledgment of receipt of Resolution 71-18, Acknowledgment regarding Fairview State Hospital Surplus'Property from Edwin W. Thomas for Governor Reagan, Congressman John G. Schmitz, Senator Dennis E. Carpenter and Assemblyman Robert E. Badham, were received and processed. License Fee Advance apportionment of vehiclelicense fee revenues Revenues for fiscal year 1970-71 from the State Controller, Houston Flournoy, was received and processed. Alcoholic An application for person-to-person transfer of an on Beverage Licenses sale general license from Esmail Rakhshani, to Durlac, Incorporated, for The Caspian, 1670 Newport Boulevard, for which the Planning Department approved parking, was The Caspian received and processed. Little Bavaria An application for a person-to-person transfer of an on Hofbrau sale beer license from Adeline L. and Frank G. Novak, to Marjorie L. and Richard P. Andrews, for Little Bavaria Hofbrau, 2052 Newport Boulevard, for which the Planning Department approved parking, was received and processed. 1 1 1 The Station An application for on sale beer license from Angelo S. House Pandolph, for The Station House, 625 West 19th Street, was received and processed. The Planning Department filed a letter of protest on the application on grounds of insufficient parking. At the request of Councilman St. Clair, the staff is to study and report on the results of any delays caused applicants when such a letter of protest is filed by the Planning Department. Departmental The following Departmental Reports were received and Reports processed: City Clerk for claims filed since last meeting; City Treasurer; Street Department; Building Safety; Finance Department; actuarial Report on Retirement Plan for the Employees of the City of Costa Mesa for The Plan Year Ending June 30, 1970 were received and processed. Refunds A request for a refund of cash deposit of $100.00 from Pacific Engineering Corporation, Post Office Box 876, Pacific Glendora, as work has been completed at 525 Victoria Street, Engineering Costa Mesa, was approved, as recommended by the Street and Corporation Parkway Director, by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan Business A business license application from Peter J. and Florence M. Licenses DeBruyn, doing business as The Sea Breeze, 541 West 19th Street, for one pool table, for which the Fire and Police Departments had given their approval, was approved. Fireworks The following Fireworks Permits for which Fire Department had Permits given approval were approved: The Boys' Club of the Harbor Area, Incorporated, 2131 Tustin Avenue, for a stand at 315 East 17th Street; Boys' Club of the Harbor Area, Incorporated, 2131 Tustin Avenue, for a stand at 535 West 19th Street; Jobs Daughters Bethel 313, 1401 -15th Street, Newport Beach, for stand at 1170 Baker Street (Pantry Market) Costa Mesa; Newport Harbor Elks Lodge, No. 1767, 3456 Via Oporto, Newport Beach, for stand at 741 West 19th Street. Floyd W. Livesay A request from Floyd W. Livesay, 459 East 20th Street, Costa Mesa, for refund on building permit fee for addition to his residence at that address, as project has been abandoned, was received. The Building Safety Director recommended refund of 85 percent of the fee, or $20.40. The request was approved by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan Anthony Pools A request from Anthony Pools, 5871 East Firestone Boulevard, South Gate, for refund of fee on Building Permit issued for construction of swimming pool at 2385 Rutgers Drive, Costa Mesa, as project was abandoned, was received. The Director of Building Safety recommended refund of 85 percent of the fee, or $15.30. The request was approved by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan Business A business license application from Peter J. and Florence M. Licenses DeBruyn, doing business as The Sea Breeze, 541 West 19th Street, for one pool table, for which the Fire and Police Departments had given their approval, was approved. Fireworks The following Fireworks Permits for which Fire Department had Permits given approval were approved: The Boys' Club of the Harbor Area, Incorporated, 2131 Tustin Avenue, for a stand at 315 East 17th Street; Boys' Club of the Harbor Area, Incorporated, 2131 Tustin Avenue, for a stand at 535 West 19th Street; Jobs Daughters Bethel 313, 1401 -15th Street, Newport Beach, for stand at 1170 Baker Street (Pantry Market) Costa Mesa; Newport Harbor Elks Lodge, No. 1767, 3456 Via Oporto, Newport Beach, for stand at 741 West 19th Street. Proposed Extension of Specific Plan for the proposed extension of Vanguard Way, Vanguard Way southerly and curving in an easterly direction to line up with Santa Isabel, was set for public hearing to be heard Set for on May 17, 1971, at 7:30 p.m., in,the Council Chambers, Hearing 77 Fair Drive, Costa Mesa. Rezone Petition Rezone Petition, R-71-7, for Costa Mesa Planning Commission, R-71-7 for permission to rezone property located at 212, 218, 220, Costa Mesa 224, 228, 232, 236, 242, and 244 Ogle Street, Costa Mesa, Planning from Cl -S to C1 -CP was set for public hearing to be heard Commission on May 17, 1971, at 7:30 p.m., in the Council Chambers, Set for Hearing 77 Fair Drive, Costa Mesa. Rezone Petition Rezone Petition R-71-9, for Richard Lewis, 1966 Harbor R-71-9 Boulevard, Costa Mesa, for permission to rezone property Richard Lewis located at 454 Bernard Street, Costa Mesa, from R2 to. C2 -CP, was set for public hearing to be heard on May 17, 1971, at 7:30 p.m., in the Council Chambers, 77 Fair Drive, Set for Hearing Costa Mesa. 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, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan DATE NAME FOR STREET 4-20-71 Arnold J. Provisor Elden Avenue Widening 4-16-71 Bernard B. and Monica A. Fairview Road Widening McGeough 3-23-71 Cecil H. and Gladys L. Alley Opening West McVay of 17th 4-19-71 Rick and Farel Thunstrom Placentia Avenue Widening 4-26-71 Charles and Geneva Superior Avenue Servais Widening Warrant On motion by Councilman St. Clair, seconded by Councilman Resolution 667 Pinkley, Warrant Resolution 667, including payroll 7108, was approved by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 668 St. Clair, Warrant Resolution 668 was approved by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan Notice of On motion by Councilman Pinkley, seconded by Councilman Intention to Hammett, and carried, Councilman Jordan absent, a Notice Solicit of Intention to Solicit for Charitable Purpose from the California Practical Nurses Association, Incorporated, Denied 210 East 16th Street, Costa Mesa, was denied. Application for An application from S. J. McNash, doing business as Coast Auction Approved Auction House, 2426 Newport Boulevard, Costa Mesa, -for a one day auction on May 15, 1971, to be held at 2380 Newport Boulevard, Costa Mesa, was approved on motion by Councilman Hammett, seconded by Councilman St. Clair, and carried, Councilman Jordan absent. 1 1 1 1 Motorcycle Races On motion by Councilman Pinkley, seconded by Councilman and Exhibition Hammett, and carried, Councilman Jordan absent, an Ratified application for Harry Oxley, Manager, International Speedway, Incorporated, 50 South Park, Sierra Madre, to hold a motorcycle racing show and exhibition at the Orange County Fairgrounds on Friday evenings, April 30 through November 12, 1971, except 2 nights, Fair -time activity of Friday and Saturday, which was approved by the City Manager, was ratified. Claim Denied On motion by Councilman Hammett, seconded by Councilman St. Clair, and carried, Councilman Jordan absent, the claim submitted by the Clerk from Mrs. R. F. Smith, 3130 Travers Avenue, West Vancouver, British Columbia, Canada, was formally denied, as requested by the City Attorney. Green Belt Plan Approved in Principle Resolution 71-31 Conference Advance Authorized, On motion by Councilman Pinkley, seconded by Councilman St. Clair, Resolution 71-31, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,'CALIFORNIA, APPROVING IN PRINCIPLE THE SANTA ANA RIVER SANTIAGO CREEK GREENBELT PLAN, .was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan On motion by Councilman St: Clair, Pinkley, Councilman Jordan absent, for Police Officer Jan Gustayson t in San Diego from May 5 through'7, the following roll call vote: AYES: Councilmen: Wilson, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan seconded by Councilman a conference advance attend.a conference 1971, was approved by Pinkley, St. Clair, Joint Powers On motion by Councilman St. Clair, seconded by Councilman Agreement Pinkley, Councilman Jordan absent, Resolution 71-32, being Communications A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, System CALIFORNIA, APPROVING JOINT POWERS AGREEMENT WITH THE COUNTY OF ORANGE FOR IMPLEMENTATION OF ULTRA HIGH FREQUENCY COORDINATED LAW ENFORCEMENT COMMUNICATIONS SYSTEM, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett . NOES: Councilmen: None ABSENT: Councilmen: Jordan Sanitary On motion by Councilman Pinkley, seconded by Councilman District.Budget St. Clair, Councilman Jordan absent; the 1971-1972 Budget Approved for the Costa Mesa Sanitary District was passed to the Sanitary District for recommendation by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan Airless Spray On motion by Councilman Pinkley, seconded by Councilman Unit St. Clair, and carried, Councilman Jordan absent, the Clerk was authorized to advertise for bids for Bid Item Bids Authorized 174, the furnishing -of two AIRLESS SPRAY UNITS, bids to be opened by the Clerk on May 14, 1971, at 11:00 a.m. Report From The City Manager introduced Mr. Eugene Bergeron who reported Orange Freeway that the resolution presented to the Route 57 Orange Committee Freeway 'Committee from the members of the City Council was discussed at length during their meeting on April 28, 1971. They requested that any action on the proposed Route 57 Orange Freeway be delayed until more facts are received on the possible impact on Costa Mesa of any of the now proposed alternative plans, both environmentally and traffic wise, received from the private consulting.firm of Gruen and Associates; and until some determination is made as to the feasibility of the Santa Ana River Santiago Creek Green Belt Plan. The Mayor accepted Mr. Bergeron's report. Highway 57 Mr. St. Clair made a motion that the Council go on record Suggestion as advocating to the State Division of Highways that they investigate the possibility of having a Highway 57 Freeway that actually connects with the Corona Del Mar Freeway, regardless of the end as long as it is down to the San Diego Freeway. The motion died for lack of a second. Order of Business Councilman Hammett discussed the time and place set for at Council Council Meetings and requested that Section 2203 be Meetings to be amended of the Municipal Code of the City of Costa Mesa, Amended to strike out the portion which divides the meetings into two parts so the Council will be able to go on with the 6:30 meeting; and also that public hearings would follow most of the other items which could be handled during the first part of the meeting. The Mayor could determine which items he wished to discuss; but they would be in continuity and if interested parties were present at 6:30 the Chair would have the prerogative of trailing an item. On motion by Councilman St. Clair, seconded by Councilman Pinkley, Councilman Jordan absent, Ordinance Ordinance 71-9 71-9, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 2203.OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS, was given first reading by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan Recess I ' The Mayor declared a recess at 7:00 p.m. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:30 p.m., May 3, 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 Harley Murray, Western Association of Baptists, Buena Park. Roll Call Councilmen Present: Wilson, Pinkley, St. Clair, Hammett Councilmen Absent: Jordan Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk "Ecology Begins Councilman Pinkley made a motion to approve the "Ecology at Home" Contest Begins at Home" Contest, which is a one-year program initiated by Mayor Wilson. The motion was seconded by Councilman Hammett and carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan "Fire Service The Mayor read the Proclamation declaring May 8, 1971, as Recognition Day" "Fire Service Recognition. Day." On motion by Councilman Pinkley, seconded by Councilman Hammett, the Proclamation Proclamation was approved by the following roll call vote:. AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan Public Hearing The Mayor announced that this was the time and place set to continue the public hearing from the meeting of Increase in April 19, 1971, on the request from Seal's Ambulance Ambulance Service and Schaefer's Ambulance Service for an increase Mileage Rates in mileage.rates from one dollar ($1.00) to one dollar and fifty cents ($1.50) per mile. All other rates presently in effect are to remain unchanged. The Affidavit of Publication.is on file in the office of the City Clerk. Continued The City Manager read a report received from the Chief of Police regarding comparable ambulance rates'in other cities. There was no representative in the audience from either ambulance service. On motion by Councilman St. Clair; seconded by Councilman Hammett, and carried, the public hearing was held open until the Council receives more information to back up the need for an increase in rates. (Councilman Jordan absent). Public Hearing The Mayor announced that this was the time and place set for the public hearing on the proposed ordinance concerning Off -Street off-street parking. The City Clerk stated that letters of Parking protest had been received from Royce W. Coln, Area Manager, Orange County Chapter of the Building Industry Association of -California, Incorporated, Santa Ana, and from Richard.A. Sewell, General Contractor, 434A East 17th Street, Costa Mesa. Mr. Richard Sewell also addressed the Council suggesting that more consideration be given to the ordinance. Mr. John Cashion, 1801 Tradewinds Lane, Newport Beach, also suggested that the -Council give the ordinance greater study. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the proposed ordinance was returned to staff where it is to be studied with interested groups who have a working knowledge of it, then .sent back to the Planning Commission, and finally returned to the Council. (Councilman Jordan absent). Public Hearing The Mayor announced that this was the time and place set Visual Displays for the public hearing on the proposed Visual Displays Ordinance. The Affidavit of Publication is on file in the Office of the City Clerk. The ordinance was discussed briefly, and there being no one interested in speaking, the Mayor declared the public hearing..closed. On motion by Councilman St. Clair, seconded by Councilman Pinkley, Ordinance 71-10 Ordinance 71-10, being AN ORDINANCE.OF THE CITY OF COSTA First Reading MESA CREATING A REQUIREMENT FOR A ZONE EXCEPTION PERMIT FOR ANY BUSINESS ESTABLISHMENT IN WHICH ALL OR ANY PORTION OF SAID BUSINESS PREMISES IS DEVOTED TO THE 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 (21) YEARS, was given first reading and passed to second reading, by the following roll call vote: Ordinance 71-10 AYES: Councilmen: Wilson, Pinkley, St. Clair, Continued Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan Public Hearing The Mayor announced that this was the time and place set for the public hearing for Rezone Petition R-71-5, Irvine Rezone Petition Company, 550 Newport Center Drive, Newport Beach, for R-71-5 permission to rezone property between the Newport Irvine Company Freeway and Redhill Avenue and between Fischer Avenue and McCormick Avenue, Costa Mesa, from Ml to C1 -CP. The Affidavit of Publication is on file in the Office of the City Clerk. The Clerk stated that she had received two letters of protest. A letter of protest was received from R. T. Gilbert, President, California Injection Molding Company, Incorporated, 200 Briggs.Avenue, Costa Mesa; and a letter of protest signed by R. T. Gilbert, Continued California Injection Molding Company, Incorporated; .R. W. Duley, Electronic Medical Instruments, Incorporated; and Fred Swenson, Mesa Leasing. Russell Gilbert, President of California Injection Molding Company, Incorporated, located in,Tract 5769 of the Irvine Industrial Complex, spoke in opposition to the rezone and also represented the following companies in speaking against the rezone: George Seymour, Ion Company; Mr. George Metz, Metz Company; Jack Meadows, Technicolor; Miles Calvert, Calvert Enterprises; Fred Ellis, Master Blueprint and Supply; James Rodin, Vice -President of Manufacturing, Columbia Yacht Company; the Vice -President of Sales, Coronado Yachts; -John Roe, Bayshore Tile; Mr. Gilbert also read a letter from Mr. George Metz which indicated opposition to the rezone. Mr. Gilbert requested the Council to deny the rezone petition in its entirety and leave the area zoned M1. Mr. Jim Taylor, Director of General Planning Administration for the Irvine Company, also addressed the Council. He gave the City Clerk exhibits of documents to which he referred while addressing the Council. Mr. Taylor spoke in opposition to the rezone and raised questions of legality concerning the Costa Mesa Zoning Ordinance. Mr. Franklin I. Remer, Lawyer, 430 -32nd Street, Newport Beach, spoke in behalf of a client, and said he would appreciate a tabling of the item. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the public hearing is to be continued in four weeks. (Councilman Jordan absent) Public Hearing The Mayor announced that this was the time and place set for the public hearing for Rezone Petition R-71-6, Rezone Petition S. V. Hunsaker, Jr., Post Office Box 3820, Fullerton, for R-71-6 permission to rezone property located at 666 Baker Street, Costa Mesa, from R4 -CP to C1 -CP. The Affidavit of S. V. Hunsaker, Jr. Publication is 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 Pinkley, seconded by Councilman St. Clair, Ordinance 71-11 Ordinance 71-11, being AN ORDINANCE OF THE CITY COUNCIL Given First OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE Reading ZONING OF A PORTION OF BLOCK "E" OF BERRY TRACT FROM R4 -CP TO Cl -CP, was given first reading by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: Jordan 1 1 1 Geddes Request On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, Councilman Hammett abstaining, a request from R. F. Geddes, President, Baco, Incorporated, for appeal of condition 17 imposed on Zone Exception ZE-71-23, Riviera Sofa Bed Company, 127 South Main Street, Santa Ana, in connection with construction of a commercial building in a C2 zone at 3015 Bristol Street, Costa Mesa, Withdrawn was withdrawn, as requested,by the applicant. (Councilman Jordan absent) Bicycle Trails The City Clerk announced that petitions containing 2,837 signatures had been received requesting bicycle trails. Mr. Chuck McDonell, 2560 Newport Boulevard, Costa Mesa, California, addressed the Council and said the following petition had been signed: "We the undersigned urge the Costa Mesa City Council to institute a program which will establish a network of bicycle trails throughout the City. These trails shall be designed to promote the safety of the bicycle rider." Mr. McDonell requested the establishment of a committee to work with the City and a master plan. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, Councilman Jordan absent, the Mayor was authorized to appoint Mr. Chuck McDonell as chairman of a bicycle committee, which was to consist of representatives from the Parks Department, Recreation Department, Traffic Department, Planning Committee Commission, and someone from the school district. The Appointed selection of other members is to be left open until Mr. McDonell can return with suggestions for additional appointees. The Mayor suggested that Mr. Joe Jones of the Parks Department_ be selected as Vice -Chairman of the committee. Tentative Tract The City Clerk presented the Tentative Tract Map of Tract Map of Tract 6663, 2nd Revision, for the Buccola Company, 4501 Birch 6663, 2nd Street, Newport Beach, for permission to divide property Revision located on the south side of Adams.Avenue,. approximately 1600 feet east of Estancia Drive, into 164 lots. The Buccola Company City Clerk also stated that the Planning Commission recommended for approval eliminating Lots -129 through 139 and subject to.the conditions contained in the Planning Department letter dated April 26, 1971, with the exception that Condition No. 7 be deleted and also subject to all the conditions in the City Engineer's letter dated April 23,-1971. On motion by Councilman Hammett, seconded by Councilman St. Clair, and carried, the Tentative Tract Approved No. 6663, 2nd Revision was approved, subject to all conditions. (Councilman Jordan absent) Recess The Mayor declared a five-minute recess at 9:00 p.m. The meeting resumed at 9:05 p.m. Planning On motion by Councilman Pinkley, seconded by Councilman Commission St. Clair, and carried, Councilman Jordan absent, any applications for Planning Commissioners received before Appointments the 10th of May would be reviewed and applicants would be interviewed. During the interim period Mr. Beck and Mr. Clark would continue to serve on the Planning Commission. Zone Exception The Clerk presented Zone Exception Permit ZE-121-70, ZE-121-70 Corrected, --held over from the meeting of February 16, 1971, Corrected Ralph Bonds,.312 St. Andrews -Road, Newport Beach, for Ralph Bonds permission to construct six apartment units on 13,500 square feet of land area (one unit per 2,250 square feet) with a 9 -foot encroachment into 25 -foot required rear yard setback; 3 -foot and 4 -foot side yard setback; and six Zone Exception covered carports and six open parking spaces in lieu of ZE-121-70 the required 12 garages on property located at 2027 Orange Corrected Avenue, in an Rl zone. The City Clerk stated that four Ralph Bonds letters of protest had been received from W. F. Albers, Continued 2701 Fairview, Costa Mesa; Alice A. Jones, 2015 Orange Avenue, Costa Mesa; R. L. Jones, 19361 Brookhurst, Huntington Beach; and Joyce Keller, 410 Fullerton Avenue, Newport Beach. Mr. Al Ogden, 2066 Orange Avenue, Costa Mesa, spoke for himself and for his mother against the application and favored keeping the area Rl. Mr. Owen Kidman also spoke in opposition and favored keeping the 1 area R1. The applicant was not present. After a brief discussion, on motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the application was Denied denied. (Councilman Jordan absent) Zone Exception The Clerk presented Zone Exception Permit ZE-129-70, held ZE-129-70 over from the meeting of January 18, 1971, Harry W. Wright, Harry W. Wright 126 Rochester Street, Costa Mesa, for permission to construct 15,076 square feet of commercial building for a retail hardware store and incidental storage (8,484 square feet of commercial building to be removed) with a parking reduction of 39 spaces where 128 spaces are required, at 1776 Newport Boulevard, in a C2 zone. The Clerk stated that the applicant had requested withdrawal of the application. On motion by Councilman St. Clair, seconded by Councilman Hammett, and carried, Councilman Withdrawn Jordan absent, withdrawal was approved. Zone Exception The,Clerk presented Zone Exception Permit ZE-71-26, held ZE-71-26 over from the meeting of April 19, 1971, The Reverend Western Harley.Murray, Western Association of Baptists, Post Office Association of Box 5432, Buena Park, for permission to exceed the Baptists maximum permissible building height allowing construction of a 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 at 650 West 19th Street, in a'Cl zone. The City Clerk stated that letters of protest had been received from Mr. and Mrs. Joseph La Pointe, 1941 Pomona Avenue, Costa Mesa, and from W. A. Young, 396 -21st Street, Costa Mesa. The City Manager said that he had requested an irrevocable letter from the Federal Government Department of Housing Urban' Development stating that they would agree to pay for service costs for services rendered by this City. As of this date, the City Manager had not received this letter. The Reverend Harley Murray, Western Association of Baptists, Post Office Box 5432, Buena Park, stated that a commitment is not available from the Federal Housing Authority until zoning is available and until a full package can be submitted to them. Mr. Don Fears, Anaheim, architect for the project addressed the Council. He also stated that service costs could not be guaranteed by the Federal government until the whole package was available. He discussed subsidies available from the federal government through the Housing Act Program in Washington. He discussed the increase in City income which the City would receive if the project were approved. He also spoke on the -need for low-income housing for the elderly. Mr. Donald E. Smallwood, 1981-Kornat Drive, Costa Mesa, addressed the Council and stated that this would be a loss in tax revenue to the City if approved. Also in opposition was Norman French, 2865 Stromboli Road, Costa Mesa. Mr. Lew Simon, 635 West 19th Street, Costa Mesa, said he had no objection, provided the majority of people in Costa Mesa ZE-71-26 Western wanted it. Mr. Harry Fulton, 11722 Dorada Avenue, Association of Garden Grove, Secretary -Treasurer of Western Association Baptists of Baptists, spoke in favor of the application. After Continued lengthy discussion, on motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, the Denied application was denied. (Councilman Jordan absent) Zone Exception The Clerk presented application for Zone Exception ZE-71-42 ZE-71-42, Rollo W. McClellan, Jr., 1575 Mesa Drive, Costa Rollo W. Mesa, for permission to install and operate an open storage McClellan, Jr. yard for construction equipment incidental to the excavating and paving business (as licensed by the State) to be located in a proposed temporary office trailer at 1700 Superior Avenue, Costa Mesa, in Ml and C2 zones. The applicant was present and agreed with the conditions. On motion by Councilman St. Clair, seconded by Councilman Pinkley,. and carried, Councilman Jordan absent, the Approved application was approved subject to all conditions, as recommended by the Planning Commission. Zone Exception The Clerk presented application for Zone Exception ZE-71-44, ZE-71-44 John P. Hooten, 320 West Pacific Coast Highway, Newport John P. Hooten Beach, for permission to construct a commercial building complex in.a Cl -CP zone, to meet the CP standards, at 688.Baker Street. The applicant was present and agreed with the conditions. After a brief discussion, on motion by Councilman St. Clair, seconded by Councilman Pinkley, Approved and carried, the application was approved subject to conditions as recommended by the Planning Commission. (Councilman Jordan absent) Zone Exception The Clerk presented application for Zone Exception ZE-71-45, _ ZE-71-45 Michael F. Janenko and/or Roy Sakioka, doing business as Michael F. Triangle Service, 2921 South.Bristol Street, Santa Ana, Janenko and/or for permission to reopen and conduct business of a service Roy Sakioka station on an existing service station site at 3499 Main Street, in a C2 zone. The Clerk stated that she had received a letter supporting the application from Mr. Herbert C. Wieland, Director, Santa Ana Planning Department. Mr. Janenko was present and agreed to the conditions. After brief discussion, on motion by Councilman. St. Clair, seconded by Councilman Hammett, and carried, the application was approved, subject to all conditions as recommended by the Planning Commission, as well as the modified conditions No. 8 and 10. (Councilman Jordan absent) Zone Exception The Clerk presented application for Zone Exception ZE-71-46, ZE-71-46 Bent I. Christiansen, 283 Rose Lane, Costa Mesa, for Bent I. permission to construct four units in addition to existing Christiansen duplex,. making a total of six units on 17,325 square feet of land area (one unit per 2887.5 square feet) at 323 East 18th Street, Costa Mesa,.in an R2 zone. The Clerk stated that she had received one letter in favor of the application from Henry and Rowena Stevens, 314-18 Rochester Street, Costa Mesa. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, Councilman St. Clair Approved abstaining, the application was approved subject to Planning Madison Heights Commission Conditions as listed. (Councilman Jordan absent) Councilman St. Clair recommended that the Madison Heights Ordinance Ordinance, regarding parental neglect of minors and specifying parental responsibility, be studied by the City Attorney and the City Manager. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, - Councilman Jordan absent, the City Attorney and City Manager are to study the Ordinance and return to Council with reports and recommended action on July 19, 1971. - ru Public Councilman St. Clair suggested that the City Council Housing adopt a policy whereby a referendum or initiative vote be, taken of the citizens of Costa Mesa before the Council advocates public housing projects. Councilman St. Clair recommended that a study be made on the matter and that the City Attorney report back to the Council. The City ,Attorney responded that he was working on it. Adjournment The Mayor adjourned the meeting at 10:10 p.m. � 19r. r s ", : / ppjU�.f�j,�.,y:" TY, Mayor of the City of Costa Mesa ATTEST: (5P The City Clerk for the City of sta Mesa t 1 1