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HomeMy WebLinkAbout10/18/1971 - City CouncilREGULAR MEETING OF THE CITY COUNCIL October 18, 1971 The City Manager requested that the item be held over to the meeting of November 1, 1971, in order to allow more time to study the bids. The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., October 18, 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 to the Flag and Invocation by The Reverend Whit Herrington, Church of Christ, Costa Mesa. Roll Call Councilmen Present: Wilson, Jordan, Pinkley, St. Clair, Hammett Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Engineering Services/ City Engineer, Director of Planning, City Clerk Minutes On motion by Councilman Wilson, seconded by Councilman October 4, 1971 Jordan, and carried, the Minutes of the regular meeting of October 4, 1971, were approved as distributed and posted. Aviation Councilman Hammett introduced the Chairman of the Aviation Committee Committee, Dave Leighton, who announced that Mr. George Griffith, a charter member of the committee had resigned. He then submitted the name of Mr. I. R. Hajek, 3058 Madison Avenue, Costa Mesa, as a replacement for Mr. Griffith. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, Mr. Hajek was appointed to the Aviation Committee. The Mayor congratulated Mr. Hajek and Councilman Jordan stated that he was very impressed with Mr. Hajek's qualifications. Ecology Contest Mr. William Bandaruk of the Ecology Committee introduced Winners Mr. Joseph Carroll who presented awards to the following winners of the Ecology Begins at Home Contest: Mr. and Mrs. John R. Fredericks, 962 Junipero Drive; Mr. and Mrs. Jack MacRoberts, 2009 Kornat Drive; Mr. and Mrs. Hal Jencks, 2001 Kornat Drive; Mr. and Mrs. -Harry Hubbard, 2822 Monterey; Mr. Leo Kubeska, 2431 Bowdoin. Honorary_ Citizens The Mayor introduced Mr. Irving Stone of Fairview -State Hospital who presented visitors from Japan who are in Costa Mesa to study the program for mentally retarded children at Fairview State Hospital. The Mayor presented Honorary Citizen certificates to: Dr. Kersuke Matsui, Miss Hizu Kobayashi, Kazuo Sekine, Miss Mitsuru Hara, and Mrs. Michiko Kasama. Dr. Matsui was spokesman for the group and thanked the Mayor for the certificates.and said that they were very proud of the honor bestowed upon them. Bid Item 180 The Clerk reported that bids were opened on October 15, Fire Hose 1971, for 2,500 feet of one and one-half inch fire hose. The following bids were received: NAME AMOUNT Halprin Supply Company NO BID Ace Fire Product Company, Incorporated $2,275.00 Warlaw Fire Equipment 2,200.00 Eureka Fire Hose 2,200.00 The American Rubber Company 2,125.00 Western Fire Equipment Company 2,375.00 The City Manager requested that the item be held over to the meeting of November 1, 1971, in order to allow more time to study the bids. Bid Item 180 On motion by Councilman Pinkley, seconded by Councilman Continued St. Clair, and carried, Bid Item 180 for 2,500 feet of. fire hose was held over to the meeting of November 1, 1971. Proclamation Councilman Jordan read a Proclamation for the Optimist Youth Appreciation Club designating the week of November 8 through 14, 1971, Week as Youth Appreciation Week. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, the Proclamation was approved, designating November 8 through 14, 1971, as Youth Appreciation Week in the City of Costa Mesa. Rezone Petition On motion by Councilman Jordan, seconded by Councilman R-71-20 Pinkley, Ordinance 71-28, being AN ORDINANCE OF THE CITY Wakeham COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,.CHANGING THE ZONING OF A PORTION OF THE RANCHO SANTIAGO DE SANTA Ordinance 71-28 ANA FROM Al TO Rl, in connection with Rezone R-71-20, Hubert H. Wakeham, for permissionto rezone property south of Sunflower, between Smalley Road and Bear Street, was Adopted given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Signs in Rights The Clerk presented for second reading and adoption, of Way Ordinance 71-23, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, PROHIBITING THE PLACING OF SIGNS AND ADVERTISING MATTER IN THE PUBLIC RIGHTS OF WAY AND UTILITY COMPANY RIGHTS OF WAY, MAKING PROVISIONS FOR THEIR REMOVAL AND DISPOSITION. Councilman Jordan reported that the ordinance had been amended to allow a maximum of two signs in residential areas, not to exceed 18 by 24 inches each; and in other than residential areas, a maximum of two signs not to exceed four feet by eight feet in size, said signs to be removed within a reasonable length of time following an election. On motion by Councilman Jordan, seconded by Councilman St. Clair, Amended Ordinance Ordinance 71-23, being AN ORDINANCE OF THE CITY COUNCIL 71-23 OF THE CITY OF COSTA,MESA, PROHIBITING THE PLACING OF SIGNS AND ADVERTISING MATTER IN THE PUBLIC RIGHTS OF WAY AND UTILITY COMPANY RIGHTS OF WAY, MAKING PROVISIONS FOR THEIR First -Reading REMOVAL AND DISPOSITION, was given first reading, as amended; by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Joint Powers The Clerk presented from the meeting of October 4, 1971, Agreement the proposed joint powers agreement creating the public Cable Television authority, amended to.include the changes Public Cable requested.by the City of.Newport Beach. On motion by Television , Councilman Pinkley, seconded by Councilman St. Clair, and carried, the Joint Exercise of Powers,Agreement creating the public Cable Television Authority between the'Cities of Costa Mesa, Huntington Beach, Fountain Valley, Newport Beach and Westminster was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. Legislator On motion by Councilman Wilson, seconded by Councilman Appointed Hammett, and carried, Councilman Pinkley was appointed as the legislator on the Board of Directors for Public Cable Television, to represent the City. 4?;. Solid Waste The City Manager requested that the report'from the Transfer County Road Department on the matter of solid waste transfer as a County service which was held over from the meeting of September 20, 1971, be deleted from the Agenda. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the item was deleted from the Agenda. Pulsifer Request The Clerk presented a request from George M. Pulsifer, 1655 Pampas Lane, No. 14, Anaheim, for addition of dog grooming in an R1 transitional zone at 900 West 19th Street, Costa Mesa, which was held over from the meeting of October 4, 1971. The applicant was not present. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, the request was denied. CONSENT CALENDAR ITEMS: The following items were pulled from the Consent Calendar for discussion: Item 6, a Resolution from Board of Supervisors regarding proposed establishment of Orange County Consumer Protection Department; Item 11, application for business license from JEC Radio Sales for wholesale radio sales; Item 12, Notice of Intention to Solicit for Charitable Purpose from United Nations Association, U. S. A., Coastline Chapter, for "Trick or Treat UNICEF." On -motion by Councilman Jordan, seconded by Councilman Hammett, and carried, the following Consent Calendar items were approved in one motion. Franchise A letter from the State of California, Department of Applications Public Works, Division of Highways, District 7, Post Office Box 2304, Los Angeles, requesting notification of any application for franchises which would affect any existing State highway or freeway, was received and processed. Downtown A letter from William L. Dunn, Director of Planning and Redevelopment Secretary of the Downtown Redevelopment Study Committee Plan presenting the study of the proposed Downtown Redevelopment Plan, was received and processed. Health Service A letter from the City of Laguna Beach enclosing a copy Fees of a letter sent to the Orange County Board of Supervisors regarding County Ordinance 2515 establishing health service fees, was received and processed. - Population A letter from Mr. William Heylin, Costa Mesa, requesting Control City Council endorsement of House Resolution 110, relative to population control, was received 'and processed. Southern A Notice of Hearing before the Public Utilities Commission California Gas of California in the matter of the application of Southern. Company Request California Gas Company for authority to include in its tariff schedules a provision to relate charges for firm general service to deviations of recorded temperatures from average temperatures, was received and processed. Orange County - The Minutes of the meeting of the Board of Supervisors on Housing Authority - October 6, 1971, stating that action on the proposed Orange County Housing Authority was postponed to November 17, 1971, was received and processed. .Industrial Park A Notice of Public Hearing from Local Agency Formation County Service Commission, on October 27, 1971, on proposed annexation Area No. 10 to Industrial Park County Service Area No. 10 designated Annexation 'Von Kaman Industrial Area Annexation was received and processed. Orange County - The Minutes of the meeting of the Board of Supervisors on Housing Authority - October 6, 1971, stating that action on the proposed Orange County Housing Authority was postponed to November 17, 1971, was received and processed. Alcoholic Beverage An application for person-to-person transfer of an off License sale beer and wine license from The Southland Corporation, Kenneth E. and Shirley Jean Verdegem, to The Southland Corporation, for the Seven -Eleven Store, 488 East 17th Street, for which the Planning Department approved parking, was received and processed. Business Licenses An application for a business license from Global Amusement and Vending Company, 2166 Pacific Avenue, Costa Mesa, for location of two pinball machines at Pier 11, Pier Eleven 1976 Newport Boulevard, from American Billiards, 145 East Amusement Games 19th Street, for which the Fire and Police Departments recommended approval, was approved. Refund A request from Anthony Pools, Post Office Box 1126, Costa Mesa, for refund on Building Permit 33660 and Plumbing Anthony Pools Permit 59205, as the project has been abandoned, for which the Director of Building Safety recommended a refund of 85 percent of the fee, $22.52, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None -_ABSENT: Councilmen: None 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 10-12-71 Eleanor E. Gurr Placentia Avenue 10- 6-71- Lance and Phyllis R. Yarwood Broadway and Flower 9-30-71 Imperial Bank Harbor Boulevard Consumer The Council discussed Item 6 on the Consent Calendar at Protection this time, a Resolution of the Board of Supervisors dated October 5, 1971, regarding proposed establishment of an Orange County Consumer Protection Department. Councilman Hammett stated that he did feel that there were already enough organizations that could be utilized by displeased customers, and Councilman Pinkley stated that he and Mr. Hammett had a meeting with a representative of Supervisor Casper°s office regarding this matter and he stated that after investigation, they had discovered many laws on the books that covered the same item. Councilman St. Clair stated that he felt that the proposed department was needed by consumers to protect their interests. After discussion, on motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the Council refused to support the proposed establishment of the Orange County Consumer Protection Department, Councilman St. Clair voting No. JEC Radio Sales The Council discussed Item 11 on the Consent Calendar at this time, an application for a business license from JEC Radio Sales, Julius Weitzman, 6747 Densmore Avenue, Van Nuys, for wholesale radio sales, October 21, 22, 25, 26 and 27, 1971. The business license division of Finance recommended approval if the applicant was present. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the.application was denied, as .the applicant was not present. UNICEF The Council discussed Item 12, a Notice of Intention to Solicit for Charitable Purpose from United Nations Association, U. S. A., Coastline Chapter, 358 Dahlia Place, Corona.del Mar, by church groups, youth organizations and others under the supervision of parents and adult 1 1 1 UNICEF leaders conducting a house to house solicitation as part Continued of an annual Halloween "Trick or Treat for UNICEF" on Wednesday, October 27, Saturday, October 30, and Sunday, October 31, 1971. Mrs. Henry Elder was present, representing UNICEF, and she assured the Council that all children would be accompanied by adults and soliciting would be during daylight hours by children. On motion by Councilman St. Clair, seconded by Councilman Hammett, and carried, the request was approved, Councilman Wilson voting No. Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 693 St. Clair, Warrant Resolution 693, including payroll 7120, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Claims On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, claims from the following were received and processed:- Southern California Edison Company, J. Kenneth Jensen on behalf of Jerrold Clark Heaslett, J. Kenneth Jensen on behalf of Jean Marie Shannon, J. Kenneth Jensen on behalf of Wayne Bruce Markus, J. Kenneth Jensen on behalf of Bruce Youmans, J. Kenneth Jensen on behalf of Dirk Verrel Angelman, Automobile Club of Southern California on behalf of William L. Aldis. Fire Sprinkler The City Manager presented a proposed Fire Sprinkler Ordinance Ordinance for consideration by Council. On motion by Councilman Pinkley, seconded by Councilman Jordan, Ordinance 71-29 Ordinance 71-29, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING THE 1970 EDITION OF .THE UNIFORM BUILDING CODE, BY ADDING A SUBSECTION (d) First Reading TO SECTION 3802, was given first reading and passed to second reading, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Fire Zones The City Manager presented a proposed ordinance creating Fire Zone Number One as requested by the Director of Building Safety. On motion by Councilman Jordan, seconded Ordinance 71-.30 by Councilman Pinkley, Ordinance 71-30, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING THE UNIFORM BUILDING CODE, TO PROVIDE FOR FIRE ZONES AND ADOPTING SPECIFIC FIRE ZONES AS ESTABLISHED BY OFFICIAL PLAT AND MAKING PROVISIONS FOR THE FILING OF SAID PLAT, IN THE OFFICE OF THE CITY CLERK, was given First Reading first reading and passed to second reading, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Noise Ordinance The City Manager presented a report on the Community Noise Survey conducted in the City of Costa Mesa from Set for Hearing April 19, 1971,,through June 14, 1971, to the Council. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the proposed Noise Ordinance was set for public hearing, to be heard by the Council on November 15, 1971, at 6:30 p.m., in the Council Chambers, and copies of the Noise Survey Report will be available to any interested persons at the City Clerk's Office. Emergency Vehicle The Mayor requested that the staff investigate the noise Noise Study caused by emergency vehicles in the City also. On motion by Councilman Wilson, seconded by Councilman Hammett, and carried, the staff was instructed to conduct a separate study on noise caused by emergency vehicles, fire, police, ambulance, and any other emergency -type vehicle. Assessment The City Manager.presented a proposed resolution ordering District No. 20 work for the improvement of an alley in Assessment District No. 20. On motion by Councilman Pinkley, seconded by Councilman St. Clair, Resolution 71-74, being A Resolution 71-74 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE WORK DESCRIBED IN RESOLUTION OF INTENTION NO. 71-65; ADOPTED ON THE 7TH DAY OF SEPTEMBER, 1971, IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS IN AN ALLEY BETWEEN MAGNOLIA STREET AND BROADWAY FROM TUSTIN AVENUE TO RAYMOND AVENUE, (ASSESSMENT DISTRICT NO. 20), was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Assessment The City Manager presented a proposed resolution setting District No. 20 the wage rates to be paid for the work performed in the improvement of an alley in Assessment District 20. On motion by Councilman Pinkley, seconded by Councilman Resolution 71-75 St. Clair, Resolution,.71-75, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY`OF.COSTA MESA, CALIFORNIA, ASCERTAINING AND DETERMINING THE PREVAILING RATE OF WAGES TO BE PAID FOR THE FOLLOWING. PUBLIC IMPROVEMENT IN THE CITY OF COSTA MESA IN AN ALLEY BETWEEN MAGNOLIA STREET AND BROADWAY FROM TUSTIN AVENUE TO RAYMOND -AVENUE (ASSESSMENT DISTRICT NO. 20) was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Traffic Signal The City Manager presented plans and specifications for Installation the installation of traffic signals at"Fairview Road and Paularino Avenue, West 19th Street and Park Avenue, and Adams Avenue and Albatross Drive (Shantar Drive). On motion by Councilman Jordan, seconded by Councilman St. Clair, the.plans and specifications were approved and Bids Authorized the Clerk was authorized to advertise for bids to be opened at 11:00 a.m. on November 9, 1971, in the Council Chambers, 77 Fair Drive, Costa Mesa, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Pumper Test Pit The City Manager reported the completion of the Pumper Placentia Avenue Test Pit at the Placentia Avenue Fire Station, and requested Fire Station Council to authorize the Clerk to file a Notice of Completion, and to exonerate the bonds. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the bonds were exonerated and the Clerk was - authorized to file a Notice of Completion. The contractor for the project is Ecco Contractors, Incorporated, 1417 North Harper Street, Santa Ana, and the work has been completed to the satisfaction of the City Engineer. 1 1 1 Watson Avenue The City Manager requested that the increase in engineering Storm Drain fees for work to prepare plans and specifications for Alternate No. 3, Watson Avenue Storm Drain which was requested by the City Engineer, be held over to the meeting of November 1, 1971. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the request for increase in engineering contract by $7,500.00 Held Over was held over to the meeting of November 1, 1971. C.ountywide:.Ciuil The City Manager presented an outline of a proposal Defense Program prepared by a committee comprised of Orange County City Managers and elected officials, for the League of California Cities on the consolidation of Civil Defense preparedness on -a countywide basis. Optimist Club The City Manager presented a request from the Optimist Club for a one -day circus, on October 23, 1971, at the Circus Harbor Shopping Center. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the request was approved. Recycling Steering The City Manager presented a resolution designating the Committee Costa Mesa Recycling Steering Committee as the policy and operating body of the Costa Mesa Recycling Program. He stated that after four' months an evaluation will be made Resolution 71-76 to determine whether it is beneficial to continue the program. On motion by Councilman St. Clair, seconded by Councilman Jordan, Resolution 71-76, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY, OF COSTA MESA, CALIFORNIA, DESIGNATING THE COSTA MESA RECYCLING -STEERING COMMITTEE AS POLICY AND OPERATING BODY OF COSTA MESA RECYCLING PROGRAM, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place set Proposed Ordinance for the public hearing on the proposed ordinance, Amending Code amending Section 9299.14 of the Costa Mesa Municipal Code, providing for the application of Zone Exception Permits to industrial zones within the City. The affidavit of publication is on file in the Clerk's Office. There being no speakers, the Mayor closed the public hearing. On motion by Councilman St. Clair., and seconded by Ordinance 71-31 Councilman Jordan, Ordinance 71-31, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY,OF COSTA MESA, AMENDING SECTION 9299.14, COSTA MESA MUNICIPAL CODE, PROVIDING FOR THE APPLICATION OF ZONE -EXCEPTION PERMITS TO INDUSTRIAL First Reading ZONES WITHIN THE CITY, was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place set for the public hearing on the proposed repeal of Appeal of. Ordinance 396 which establishes setback lines of 50 feet Ordinance 396 from the centerline of a proposed street (known as Olive Avenue) extending between Monte Vista and Del Mar and midway between Elden Avenue and Orange Avenue, Costa Mesa. The affidavit of publication is on file in the Clerk's office. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Jordan, seconded by Councilman Hammett, Ordinance 71-32, being 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 71-32 MESA, CALIFORNIA, REPEALING ORDINANCE NO. 396 OF SAID • .fes; .,�,, F'. Ordinance 71-32 CITY COUNCIL, was given first reading and passed to First Reading second reading, and it was referred to the Planning Continued Commission for initiation of abandonment proceedings by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place'-"_,':' Master Plan of set for the public hearing for the Third Amendment to Highways Amendment the Second Phase of the Costa Mesa Comprehensive Long Range General Plan (Master Plan of Highways). The Vanguard Way Clerk reported that the proposed addition had been referred to the Planning Commission on June 7, 1971, and the Commission recommended approval. The Mayor inquired if anyone wished to speak. No one desiring to speak, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Councilman Resolution 71-77 Pinkley, Resolution 71-77, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE THIRD AMENDMENT TO THE SECOND PHASE OF THE COSTA MESA COMPREHENSIVE LONG RANGE GENERAL PLAN, BEING THE PLAN FOR THE DEVELOPMENT OF THE CIRCULATION ELEMENT IN ACCORDANCE WITH SECTION 65357, OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA; AND REQUESTING THE COUNTY OF ORANGE TO ADOPT SAID AMENDMENT INTO THE COUNTY ARTERIAL HIGHWAY MASTER PLAN, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place Amending Code set for the public hearing for the proposed ordinance Newly Annexed amending Section 9230.7 of the Costa Mesa Municipal Territory Code, relating to newly annexed territory and providing for "CP" designation in connection therewith. The affidavit of publication is on file in the Clerk's office. There were no speakers. The Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Ordinance 71-33 Councilman Jordan, Ordinance 71-33, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING SECTION 9330.7 OF THE COSTA MESA MUNICIPAL CODE, RELATING TO NEWLY ANNEXED TERRITORY AND PROVIDING FOR CP First Reading DESIGNATION IN CONNECTION THEREWITH, was given first reading and passed to second reading, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place set Rezone Petition for the public hearing on Rezone Petition R-71-19, Andy R-71-19 Zitney, 1819 Placentia Avenue, Costa Mesa, for permission Zitney to rezone property located at that address from M1 -to R4. The affidavit of publication is -on file in the Clerk's office. The applicant was present and requested that the petition be returned to Planning and the Returned to hearing be held open until more information is submitted. Planning On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the application was referred to the Planning Department and the public hearing was Hearing Continued continued. . Recess The Mayor declared a recess at 8:05 p.m. I. Councilman Hammett returned at this time. Segerstrom The Mayor announced that this was the time and place Rezone Petition set for the public hearing continued from the meeting of R-71-8 September 20, 1971, for Rezone Petition R-71-8, Harold T. Segerstrom, et al, 3315 Fairview Road, Costa Mesa, for permission to.rezone property located in the general area of the northwest corner of Adams Avenue and Fairview .Road from M1 to.R4-CP. The Clerk reported that she had received a letter of objection -from Mr. George P. Carver, 436 Holmwood Drive, Newport Beach, and a letter from Mr. and Mrs. Theodore Rischard, owners of an eight -acre parcel of commercial land immediately to the north of the Segerstrom Parcel on Fairview Road, who were in favor of the rezone. Also, a letter from Robert D. Isaacson, 1616 Elm Avenue, Costa Mesa, containing information regarding problems incurred by owners of apartments. Mrs. Rischard stated that many owners of commercial property were forced to develop the property in a manner other than was originally anticipated due to expenses on.the property being higher each year. Mr. George Maschmeyer, 1892 Tahiti Drive, Costa Mesa, stated that he did not object to the rezone as specified, but he would object if it included property on Logan Street. He was assured that it did not. Mr. George Thomas, 606 36th Street, Newport Beach, owner of two parcels on Logan Street spoke and stated that he had objected until he saw the exact location of the property and he withdrew his objection. Mrs. Lucille Waughtal, 2433 College Drive, addressed the Council and read_a prepared statement objecting to the rezone because she felt there were too many high density areas in the City already. Mr. Bert Harrow, 1068 Vallejo Circle, spoke regarding the vacancy factor, stating that it was approximately five percent. Mr. Bill Hoffman, 2300 Newport Boulevard, spoke regarding a large number of high density units in the City. Mr. Roy Watkins spoke briefly. Mr. Daren Groth of Leadership Housing, applicants for the Zone Exception ZE-71-81, which is .the project to be erected on the property if rezone was approved, spoke and stated that if the Council did not wish to approve the rezone for the 30 acres, he was sure they would be satisfied with the rezone for 11.86 acres which was the size of the property upon which the 272 units would be constructed. Councilman Hammett stated that he felt this was a better plan at this time. Councilman St. Clair stated that he objected strongly to any rezone of the property at all as he felt that mass apartments of this type were a detriment to the City and he felt this was also spot zoning. Councilman Jordan stated he felt the The meeting reconvened at 8:15 p.m. Councilman Hammett absent. Harbor Assembly The Clerk presented a request from the Harbor Assembly of God Church of God Church, 740 West Wilson Street, for permission to use a trailer as a temporary conference room. The Planning Department recommended approval -subject to two conditions listed in a memorandum to the City Clerk dated October 13, 1971. The applicant was present and agreed to the conditions. On motion by Councilman St. Clair, seconded by Councilman Pinkl'ey, and carried, Request for the request for permission to use a trailer as a Trailer temporary conference room was approved subject to the following conditions: 1. The location of the mobile home shall meet the requirements of the Department of Building Safety and the Planning Department; 2. The mobile home shall be removed from the premises no later than June 30, 1972. Councilman Hammett returned at this time. Segerstrom The Mayor announced that this was the time and place Rezone Petition set for the public hearing continued from the meeting of R-71-8 September 20, 1971, for Rezone Petition R-71-8, Harold T. Segerstrom, et al, 3315 Fairview Road, Costa Mesa, for permission to.rezone property located in the general area of the northwest corner of Adams Avenue and Fairview .Road from M1 to.R4-CP. The Clerk reported that she had received a letter of objection -from Mr. George P. Carver, 436 Holmwood Drive, Newport Beach, and a letter from Mr. and Mrs. Theodore Rischard, owners of an eight -acre parcel of commercial land immediately to the north of the Segerstrom Parcel on Fairview Road, who were in favor of the rezone. Also, a letter from Robert D. Isaacson, 1616 Elm Avenue, Costa Mesa, containing information regarding problems incurred by owners of apartments. Mrs. Rischard stated that many owners of commercial property were forced to develop the property in a manner other than was originally anticipated due to expenses on.the property being higher each year. Mr. George Maschmeyer, 1892 Tahiti Drive, Costa Mesa, stated that he did not object to the rezone as specified, but he would object if it included property on Logan Street. He was assured that it did not. Mr. George Thomas, 606 36th Street, Newport Beach, owner of two parcels on Logan Street spoke and stated that he had objected until he saw the exact location of the property and he withdrew his objection. Mrs. Lucille Waughtal, 2433 College Drive, addressed the Council and read_a prepared statement objecting to the rezone because she felt there were too many high density areas in the City already. Mr. Bert Harrow, 1068 Vallejo Circle, spoke regarding the vacancy factor, stating that it was approximately five percent. Mr. Bill Hoffman, 2300 Newport Boulevard, spoke regarding a large number of high density units in the City. Mr. Roy Watkins spoke briefly. Mr. Daren Groth of Leadership Housing, applicants for the Zone Exception ZE-71-81, which is .the project to be erected on the property if rezone was approved, spoke and stated that if the Council did not wish to approve the rezone for the 30 acres, he was sure they would be satisfied with the rezone for 11.86 acres which was the size of the property upon which the 272 units would be constructed. Councilman Hammett stated that he felt this was a better plan at this time. Councilman St. Clair stated that he objected strongly to any rezone of the property at all as he felt that mass apartments of this type were a detriment to the City and he felt this was also spot zoning. Councilman Jordan stated he felt the Segerstrom investors would control the needs for apartments and that Rezone Petition the price for property was almost prohibitive for R-71-8 developing one family homes, and not everyone can afford Continued to own a home. Councilman Pinkley stated he would be in favor of the rezone for 11.86 acres. Mayor Wilson remarked that he was also in favor of the project and that similar areas had been rezoned and very desirable apartments erected. There being no other speakers, the Mayor closed the public hearing. On motion.by Councilman Ordinance 71-34 Pinkley, seconded by Councilman Hammett, Ordinance 71-34, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA CHANGING THE ZONING OF A CERTAIN PARCEL OF LAND NORTHEASTERLY OF THE INTERSECTION OF ADAMS AVENUE AND FAIRVIEW ROAD, was given first reading, as Amended amended for the rezone of 11.86 acres only, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett NOES: Councilmen: St. Clair ABSENT: Councilmen: None Zone Exception The Clerk.presented application for Zone Exception Permit Permit ZE-71-81 ZE-71-81, Leadership Housing Systems, Incorporated, Leadership Housing 3740 Campus Drive, Newport Beach, for permission to Systems, construct 272 units on 518,007 square feet of land area Incorporated (one unit per 1904 plus square feet) in an R4 -CP zone, to meet the "CP" Policy Standards, in the general area, at the northwest corner of Fairview Road and Adams Avenue. The Planning Commission recommended approval subject to conditions, except Condition 10A be amended to read: Fire Lane under the direction of the Fire Department. As the rezone was approved which was needed for the project planned by Leadership Housing Systems, under Rezone Petition R-71-8, the application was approved subject to conditions, on motion by Councilman Jordan, seconded by Councilman Hammett, and carried, Councilman St. Clair voting No. Boys' Club Fee The Clerk presented payment by Lou Yantorn, Executive Director of the Boys' Club, in the amount of $1.00, for one year's rental of the Upper Bay Branch of the Boys' -Club located at 2131 Tustin -Avenue, Costa Mesa. On motion by Councilman Pinkley, seconded by Councilman Hammett, the lease fee of .$1.00 was accepted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Wells Fargo Bank The Clerk presented a request from Wells Fargo Bank, Trailer Approved 462 17th,Street, Costa Mesa, for permission to locate a trailer 30 feet by 60 feet as a temporary bank during construction of a permanent structure if approved. The Planning Department stated that they had no objection to the approval of the request: On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the request for a trailer 30 feet by 60.feet to be located on their property as a temporary bank, was.approved. S-71-18 The Clerk presented Tentative Parcel Map No. S-71-18, Bidco Company Bidco Company, 1502 West Covina Parkway, West Covina, for permission to divide property located at.2900 Fairview Road, into two parcels. The.Planning Director approved Tentative Parcel Map on September 29, 1971 and the Planning Commission recommended approval of the Planning Director's action. On motion by Councilman St. Clair, seconded by Councilman Hammett, and carried, the request was approved. L� 1 Tentative Tract The.Clerk presented Tentative Map of Tract No. 7557 for 7557 Larwin-Southern California, Incorporated, 9100 Wilshire Boulevard, Beverly Hills, for permission to develop property located south of Sunflower, west of Bear into 284 lots. The Planning Commission recommended approval subject to conditions in Director of Engineering Services' letters dated September 30, and October 8, 1971, and all conditions in the Director of Planning's letter dated October 8, 1971, with Condition 8 amended as follows: "Simultaneously with the City Engineer's approval of the first increment of Tract No._7757, developer shall pay a Park and Recreation fee as provided by Ordinance." Mr. Michael T. Collins, 1020 Broadway, Santa Ana, addressed the Council, representing Mr. and Mrs. G. Kawamura, owners of adjoining property. He stated that they are concerned about the present alignment of South Coast Road. He stated that he felt equitable alignment could be worked out. Mr. John Tapking of Larwin-Southern California, Incorporated, spoke and said that he felt that this could be worked out. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the Tentative Map of,Tract No. 7557 for Larwin-Southern California, Incorporated, was approved subject to the conditions stated, and also subject to any other problems concerning alignment of South Coast Road and drainage to be worked out with the City Attorney, applicants, Director of Planning and adjoining property owners, and the City Engineer was instructed not to sign the final map or record same for three months. Irrigation of The Clerk presented plans and specifications for the Park Irrigation of Costa Mesa Park, 570 West 18th Street. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the plans and specifications were approved and the Clerk was authorized to advertise for bids Bids Authorized to be opened on October 29, 1971, at 11:00 a.m., in the Council Chambers, 77 Fair Drive, Costa Mesa. Zone Exception The Clerk presented application for Zone Exception Permit Permit ZE-71-91 ZE-71-91, John Campbell, 429 Magnolia Street, Costa Mesa, John Campbell for permission to encroach two feet into the required five foot side yard setback to allow construction of a bedroom addition on property located at that same address, in an R1 zone. The Planning Commission recommended approval. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the application was approved. Zone Exception The Clerk presented application for Zone Exception Permit Permit ZE-71-93 ZE-71-93, McNash Realty and Investments, 2426 Newport McNash Realty and Boulevard, Costa Mesa, for permission to construct 17 Investments apartment units (one being a manager's apartment) and 27 r/ motel units in a C2 zone, with 17 garages and 36 car spaces as shown on plans, (38 open car spaces required, 36 available) on property located at 2140 Newport Boulevard. The Planning Commission recommended denial. The applicant requested that the application be sent back to the Planning Department. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the application was returned to the Planning Department as requested by the applicant. Zone Exception The Clerk presented application for Zone Exception Permit Permit ZE-71-94 ZE-71-94, Carden -4, 250 West Wilson Street, Costa Mesa, Carden -4 for permission to operate a pre-school for 20 students, 8:30 a.m. to 4:00 p.m., Monday through Friday, in an R1 zone, at that same address. The Planning recommended approval subject to conditions. The Clerk reported that a petition had been received containing 46 signatures of whom 27 were legal property owners, in opposition to the Zone Exception request, and one letter against signed by three property Permit ZE-71-94 owners. Mrs. Agnes Cornelius, 2237 Columbia Drive, Carden -4 Mr. T. E. Thomas, 255 Joann Street spoke against the Continued increase in the number of children allowed and the longer hours. Mr. and Mrs. Wallace Remson, the applicants, addressed the Council and stated they needed the additional revenue the increase in children would supply to keep up the property. Councilman St. Clair said that he felt the permit should be approved, as it was a large enough parcel for development for.apartments, convalescent home, or uses of that type. The residents objected to the noise which would be caused by 20 children in addition to four. of their own, and also that.they.had many animals. Mr. W. Kleiman, Duke Place, addressed the Council and stated that there were many other residents to be considered, 27 property owners, who objected and as this was zoned for R1, the Council should also give the matter serious consideration before allowing the increase. Councilman Hammett stated that he felt that the property owners objecting to the increase must have some valid reasons for the objections. Councilman St. Clair made a motion, seconded by Councilman Jordan, to approve the application for 20 students. The motion failed to carry, Councilmen Wilson, Pinkley, and Hammett voting No. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the application was approved, subject to the conditions, Councilman Hammett voting No, for no more than ten children at any one time. Zone Exception The Clerk presented application for Zone Exception Permit Permit ZE-71-95 ZE-71-95, Kenneth James Bugna, 1970 16th Street, Newport Bugna Beach, for permission to reduce the number of garages required for new apartment development by one, on property located at 1970 Wallace, in an R2 zone. The applicant was present. The Planning Commission recommended denial. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the application was denied, - Councilman Hammett voting No. Taxicabs Mr. Tom Manus addressed the Council regarding a monopoly on taxicabs by one company. He requested that this matter be turned over to the staff for investigation. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the staff was directed to investigate and report back to Council. Court Site Councilman St. Clair presented a.resolution for consideration by Council, to be put on the agenda for the next meeting, which would request the Board of Supervisors to consider a new court site which would be more readily accessible'to all residents within the judicial districts. Bus Line Councilman Pinkley stated that he had heard that the bus line to Santa Ana was attempting to discontinue their service and on motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the staff was instructed to investigate the matter and report back. Project 80 The Council congratulated the Project 80 Committee on the excellent job they have done for the City. Adjournment The Mayor adjourned the meeting at 11:15 p.m. to an executive session to be held on Tuesday, October 26th, 1971, at..6:30 p.m. Ma'yor of the City of Costa Mesa ATTEST: I 1 The City Clerk of the City of Cos r esa