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HomeMy WebLinkAbout12/20/1971 - City CouncilREGULAR MEETING OF THE CITY COUNCIL December 20, 1971 The City Council of the City of Costa Mesa, California, met in•regular session -at 6:30 p.m., December 20, 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 Father Don Kribs, St. Joachim's-Church, Costa -Mesa. Roll Call Councilmen Present: Wilson, Jordan, Pinkley, St. Clair, Hammett Councilmen Absent:" None OfficialsLPresent'e City Manager, City'Attorney, Director of Engineering Services/City Engineer, Director of'Planning, City Clerk Minutes The -Mayor declared the Minutes of the meeting of December 6, December 6, 1971 1971,,approved as distributed and posted, as there were no corrections. Ecology Contest The Mayor introduced Mr. William Bandaruk of the Beautifi- Winners cation Committee who presented awards to -the winners of the November Ecology Begins at Home Contest. Receiving awards were: Mr. Floyd W. Livasey, 459 East 20th Street; Mr. Rod Calderhead, 258 Flower Street; Mr.. Glenn F. Talbott,.89.3:Towne; Mr. Jack Vail, 1691 Oahu Place; Dr. and Mrs. R. Danielson, 2005 Kornat Drive; Mr. and Mrs. William Assmus, 2833 -Monterey Road. Councilman St. Clair'left the meeting briefly at 6:45 p:m. Bid Item" -181 The C1erk.reported on Bids opened on December 10, 1971, Sedan for Bid.Item 181, -One -1972 4-Door,.6-Passenger Hardtop Automobile Sedan.Automobile. The following bids were received: NAME AMOUNT Johnson and Sons $2,906.66 Garden.Grove Chrysler -Plymouth- 2,478.43. Atlas Chrysler Plymouth' 2,154.89- McPeek Plymouth Center, Incorporated 2,640.00 Theodore Robins 2,520.72 Bids Rejected At the -request of the City Manager, on motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, Councilman. St. Clair -absent, all bids were rejected, and the City Manager was' authorized•to negotiate for,l•easing of the.car. Bid Item 182 The Clerk reported on. Bid Item'182-, One Offset Press Color Offset Press Head, opened on -December 10,=1911. The following bids Color Head were received: NAME AMOUNT Barker Products, Incorporated $2,025.00 The Steward Company 2,335.00 Graphic Arts Supply -Company 1,980.00 Awarded On motion by Councilman -Jordan, seconded".by Councilman Pinkley, the bid.was awarded to'Graphic,Arts Supply - Company, 1816 Ainerican St.reet,,Anaheim, in the amount of $1,980.00, by the following.roll call vote: AYES: Councilmen: Jordan, Pinkley, Wilson, Hammett NOES: Councilmen: None ABSENT: Councilmen: St. Clair Councilman St.'Clair returned to his seat on the Council. 1 1 Royal -Globe The City Manager reported that he had investigated the .request Insurance Company from Royal -Globe Insurance Company, which was held over from the meeting of December 6, 1971, for termination of the liability of bond for City Products Corporation, doing business as Gold's Furniture and Appliance, in Parcel Map S-19-68 connection with Parcel Map 5-19-68, at 3068 Bristol Bond Released Street, and recommended release of the bond. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the bond was released. Orange Coast The Clerk presented from the meeting of December 6, 1971, College a letter from the City of Huntington Beach reaffirming Assessment their decision and authorizing the formation of an District Assessment District under the Improvement Act of 1913, for Proposal construction of improvements at Golden West College, and enclosing Minute Resolution saying Huntington Beach would support similar action by Costa Mesa City Council approving the formation of an Assessment District for Orange Coast College. Councilman Pinkley suggested that no action be - taken until Council receives material forthcoming from Dr. Watson of the College Board of Trustees which would express his views on the matter. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, no action was taken until information is received from Dr. Watson. Bicycle The -City Manager reported that a letter was received from Licensing the Crime Prevention Committee regarding the Bicycle Program Licensing Program, but that the County and the Police Chiefs' Association are studying various plans for issuance of licenses on a county -wide basis.. He also reported that a letter had been received from the Costa Mesa Bicycle Trails Committee containing proposed changes in the Bicycle -Registration Program. On motion by Councilman St. Clair, seconded by Councilman Jordan, these two letters were held in abeyance until the reports were received from the County Ordinance 71-38 and the Police Chiefs' Association, -and Ordinance 71-38, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING SECTION 61106 OF THE COSTA MESA MUNICIPAL CODE, ELIMINATING BICYCLE LICENSE FEE, was given first reading and passed to second reading, by the following roll call vote: AYES: Councilmen: Jordan, Pinkley, Wilson, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None: Bicycle Trails On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, a letter from the Bicycle Trails Committee, enclosing a map showing suggested bicycle trails and ways for Council review and study was referred to the -Planning Commission for study and recommendation to Council. Bicycle Trails The Clerk presented a letter from Chuck McDonell resigning Committee as Chairman of the Bicycle Trails Committee, and requesting Chairman to remain an active member of the Committee. On motion by Resignation Councilman Jordan, seconded by Councilman St. Clair, and carried, the letter was received and a letter is to be sent to the Committee requesting them to select a new Chairman. Chauffeur's The Clerk presented a proposed.Ordinance eliminating the License requirement of a Chauffeur's License for cab drivers within Requirement to be the City of Costa Mesa. On motion by Councilman St. Clair, Eliminated seconded by Councilman Jordan, Ordinance 71-39, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Chauffeur's AMENDING SECTION 6411, SUB -SECTION (h) OF THE COSTA MESA License MUNICIPAL CODE, ELIMINATING THE REQUIREMENT OF A Requirement to be CHAUFFEUR'S LICENSE FOR CAB DRIVERS WITHIN THE CITY, AND Eliminated DECLARING THE REASONS THEREFOR, was given first reading, continued and passed to second reading, by the following roll call vote: AYES: Councilmen: Jordan,'Wilson, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None CONSENT CALENDAR ITEMS: Item 10, the Annual Financial Report, fiscal year ended June 30, 1971, was removed from the Consent Calendar for discussion. On -motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the following Consent Calendar Items were approved in one motion. Vallejo Council A letter from the Vallejo City Council requesting signatures Request of Costa Mesa residents in support of League of Cities resolution on Federal Revenue Sharing, was received ,.and processed. Housing and An Information Bulletin from the Department of Housing and Community Community Development advising of proposed changes in Development their regulations, and allowing anyone interested to Information present their views before January 10, 1972, was referred Bulletin to the Director of Building Safety and City Attorney. Proposed Fairview A letter from Roger and Arlene Garrett, 2057 Goldeneye Park Place, Costa Mesa, supporting plans for development of Fairview Park, was received and processed. Request for Bills A copy of a letter to Assemblyman Robert H. Burke from Regarding Land Donald A. Nelson, 995 Hartford Way, Costa Mesa, requesting Behind Fairview Bills be introduced into the Senate and Assembly in 1972, State Hospital declaring 300 acres of land behind Fairview State Hospital surplus, and that the State of California deed this land totally and freely to the people of the State and Orange County for use as a park, was received and processed. Schedule from A letter from the Local Agency Formation Commission with Local Agency attached filing and hearing schedule, was received and Formation processed. CATV Systems A letter from Communications Consultants, Great Barrington, Massachusetts, regarding municipally owned Cable Television Systems, was referred to the Council's Cable Television representative.. Hearing Set A notice of hearing on January 4, 1972, before the Public for Fuel Cost Utilities Commission, authorizing Southern California Adjustment by Edison Company to adopt a fuel cost adjustment provision Edison Company and approving an initial adjustment applicable to customers utilizing -electric energy, and authorizing increase in rates to reflect increases in the cost of fossil fuel, was received and processed. Tentative Tract A Resolution from the Board of Supervisors requesting cities Maps to County with existing or proposed regional park in their sphere of Parks Department influence to refer tentative tract maps to the County Parks Department prior to approval, was received and the Director of Planning instructed to comply with the Board of Supervisors' request. 1 1 Audit of Accounts A report, on Audit of Accounts, July 1, 1971, through September 30, 1971, was received and processed. Alcoholic Beverage An application for person-to-person transfer of an on Licenses sale beer license from George A. and Sylvia D. DeVries, to Gesyl, Company; George A. DeVries, President, Sylvia Dorothy DeVries, Vice President, Ernest J. Good, Director, 2885-B Bristol Street, Costa Mesa, for which Gesyl Company the Planning Department approved parking, was received and processed. Owl Liquor An application for person-to-person transfer of an off sale general license from Dennis A. Holweger, Ronald M. Holweger, and Martin V. Jones, to Dennis A. and Ronald M. Holweger, for Owl Liquor, 125-P West Victoria Street, Costa Mesa, for which the Planning Department approved parking, was received and processed. Buchholz- An application for off sale general license for Marjorie E. and Charles H. Buchholz, 2989 Fairview Road, (a letter filed by the Planning Department expressing. a wish to reserve the right to protest of parking until proper plans for construction of the liquor store were filed with them was withdrawn as the plans were submitted to the Planning Department and the plan for parking approved) was received and processed. Business License An application for a business license from Coral Music Applications Company, 328 East Lincoln, Anaheim, for one bowling machine at the Green Lantern, 1930 Placentia Avenue, for Green Lantern which the Fire and Police Departments recommended approval, was approved. Sassy Lassy An application for business license from Jacqueline and Terrence B. Deens for two pool tables at the Sassy Lassy, 2901 Harbor Boulevard, Costa Mesa, for which the Fire and Police Departments recommended approval, was approved. Arthritis A Notice of Intention to Solicit for Charitable Purpose Foundation from The Arthritis Foundation, Southern California Chapter, Solicitation Orange County Branch, 2315 East 17th Street, Santa Ana, by door-to-door solicitation,by volunteers, February 3, 1972, through February 6, 1972, was approved with Section 6914J of the Municipal Code waived. Rezone Petition Rezone Petition R-71-25, Costa Mesa Planning Commission, R-71-25 Post Office Box 1200, Costa Mesa, for permission to rezone Costa Mesa property located at 114 East 20th Street from C2 to R4 -CP, Planning Commission was set for public hearing, to be heard on January 3, 1972, at 6:30 p.m., in the Council Chambers, 77 Fait Drive, Hearing Set Costa Mesa. Rezone Petition Rezone Petition R-71-26, Thomas P. Walker, 1654-58 Santa R-71-26 Ana Avenue, Costa Mesa,,, Audre R. Schiff, 1660 Santa Ana Walker Avenue,, Costa Mesa, and Arthur M. Pilant, for Santa Ana Development Company, 1670 Santa Ana Avenue, Costa Mesa, for permission to rezone property located at 1654-58, 1660 and 1670 Santa Ana Avenue from AP to C2 -CP, was set for public hearing, to be heard on January 3, 1972, at Hearing Set 6:30 p.m., in the Council Chambers, 77 Fair Drive, Costa Mesa. Refunds A request for refund from Pacific Installers, 7541 Anthony, Garden Grove, of $10.50 for Plumbing Permit No. 59440 Pacific and Heating Permit No. 8330 that were issued in error as Installers property is located in County territory, which was recommended for approval by the Director of Building Safety, Refunds Pacific Installers, was approved by the following roll call vote: continued AYES: Councilmen: Jordan, Wilson, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None s Refund Request A request from Mr. and Mrs. Valliant, 355 Broadway, Valliant Costa Mesa, for refund of $513.00 for Building Permits 25729 to 25732 issued for four duplexes that were never built, for which the Director of Building Safety recommended a refund of 85 percent of the permit fees, or $290.70, but retention of the plan check fees of $171.00 if the City Attorney approved, was referred to the City Attorney for recommendation. Right of Way Deeds The following right of way deed was accepted and ordered placed on record with the Orange County Recorder, by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, Hammett, St.Clair Claims Annual Financial Report Warrant Resolution 702 NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 11-30-71 Harold T. Segerstrom, et al Interland Storm Drain The following claims were received by the City Clerk and were received and processed: Alfred H. James, Helen Claire Arbuckle. Item 10 on the Consent Calendar, Annual Financial Report for the fiscal year ended June 30, 1971, which was removed from the Consent Calendar, was discussed. Councilman St. Clair made a motion, seconded by Councilman Hammett, for the staff to conduct a month-long study of the positions of Director of Finance and City Treasurer. Councilman Hammett then stated that he was withdrawing his second and would prefer to see a position description for the position of City Treasurer before determining anything definite on either position. Councilman St. Clair was chosen to gather -input for the Council to study on the positions. On motion by Councilman Jordan, seconded by Councilman Pinkley and carried, the report was received and processed, Councilman St. Clair voting No. On motion by Councilman Pinkley, seconded by Councilman Jordan, Warrant Resolution 702 was roll call vote: AYES: Councilmen: Jordan, NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Councilmen: Hammett approved by the following Wilson, Pinkley, St. Clair Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 703 Pinkley, Warrant Resolution 703, including payroll 7124 was approved by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Fire Department The City Manager presented a proposal for Fire Department Salaries salaries, which was field over from the meeting of December 6, 1971, at the request of the Firemen's Benevolent Association. Mike Treanor of the Fire Depart- ment of the City of Costa Mesa, addressed the Council and requested that no action be taken on the proposals at the present time. The City Manager also presented a Memorandum of Understanding which was signed by the City Manager on December 20, 1971, which stated that the City will meet and 1 1 fi 1 Fire Department confer upon 'the process of salary determination at a Salaries mutually agreeable date prior to the initiation of the continued salary determination for 1972-1973 for the purpose of reviewing the manner in which the City establishes its Refunds and salary program. On motion _by.Councilman Pinkley, Memorandum of seconded by Councilman Jordan, and carried, the Understanding Memorandum of Understanding was received and processed. Resolution. -71-89 On motion'by Councilman Hammett, seconded by Councilman Jordan, Resolution 71-89, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING.RATES OF PAY FOR FIRE DEPARTMENT PERSONNEL, was adopted by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Weed Abatement The City Manager presented, a detailed report on weed Report abatement charges. A lengthy discussion followed on various methods, of computing charges for removal of weeds and rubbish. Weed Removal On motion by Councilman Jordan, seconded by Councilman Hourly Charges Hammett, and carried, Councilman St. Clair voting No, the Ordinance will not be changed for this year and that the hourly rate be corrected and adjusted to the proper rate. Refunds and On motion by Councilman Hammett, seconded by Councilman Adjustments Jordan, a refund for' adjustment in charges for weed removal was authorized in the amount of'$146.90 for Mr. Larry Shay; the charges for Mrs.'Caroline Covault were reduced to three hours.labor instead of four hours; and a refund of $14.69 approved for.Mr. Gilbert Rettew, by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, Hammett NOES: Councilmen: St. Clair ABSENT: Councilmen: None Councilman St. Clair stated -that he voted No not because he objected to the refund for weed removal, but he felt everyone should be given the benefit of the refund. Weed Assessment On motion by Councilman Hammett, seconded by -Councilman Refund Jordan, a request for refund for weed assessment to Toormina Philip Toormina, in the amount of $36.73, which was requested by the Director of Finance, as_an error.was made in the 1971 weed removal program and the work was never done on the property owned by Mr. Toormina,.was approved by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Errors in On motion by. Councilman Hammett, seconded by Councilman Billing Jordan, -and carried, the City Manager was authorized to correct -mistakes in billing for various services rendered, such as weed removal. Pacific Coast The City Manager reported that he had sent memoranda to the Freeway members of the Council regarding the' letter from the Laguna Beach Chamber'of Commerce concerning the Pacific Coast Freeway. Street Lighting The City Manager presented -a proposed resolution -requesting District the City Engineer to prepare an assessment diagram, plans, specifications,,and.report creating.a Street Lighting Dist-rict-,for'the period beginning July; 1972, and ending June 30, 1977. On motion by Councilman St. Clair, seconded Resolution'71-90 by Councilman Pinkley, Resolution 71-90, being A RESOLUTION OF THE CITY.COUNCIL OF THE.CITY OF COSTA MESA ORDERING THE CITY ENGINEER TO PREPARE AN ASSESSMENT DIAGRAM, PLANS, SPECIFICATIONS, ESTIMATES AND REPORT PURSUANT.TO THE PROVISION3'OF DIVISION.I4,.PART I, STREETS AND HIGHWAYS CODE,,STREET LIGHTING ACT.OF 1919, AS AMENDED,.FOR THE FURNISHING OF ELECTRIC CURRENT.AND FOR THE MAINTENANCE OF CERTAIN LIGHTING-FIXTURE.AND..APPLIANCES IN SAID CITY FOR A PERIOD.OF MONTHS, BEGINNING JULY.1,.1972,-AND ENDING JUNE 30, 1977, was adopted by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, Hammett, St. Clair NOES: Councilmen: None - ABSENT:. Councilmen: None Arterial Highway The City Manager presented Arterial Highway Financing Financing Program submittals for -1972-1973. On motion by Councilman Program Pinkley, seconded by Councilman'St.-Clair,..Resolution 71-91, Submittals for being A RESOLUTION OF THE CITY'COUNC.IL OF THE CITY OF 1972-1973 COSTA MESA REQUESTING.THE COUNTY. -OF ORANGE TO INCLUDE WITHIN THE ARTERIAL.HIGHWAY.FINANCING'PROGRAM THE DEVELOP - Resolution 71-91 MENT OF PLACENTIA AVENUE, was adopted by .the following roll call vote: AYES: Councilmen: -Jordan, Wilson, Pinkley, Hammett, St. -Clair NOES: Councilmen: None ABSENT: Councilmen: None Fairview Road On motion by Councilman Hammett, seconded by_Councilman Jordan, Resolution 71-92, being A RESOLUTION OF THE. CITY Resolution 71-92 COUNCIL OF THE CITY OF COSTA MESA'REQUESTING THE COUNTY -OF ORANGE TO INCLUDE'WITHIN.THE'ARTERIAL HIGHWAY FINANCING PROGRAM, THE DEVELOPMENT OF FAIRVIEW ROAD", was adopted by the following roll call vote: AYES: Councilmen: Jord-an, Wilson, Pinkley, Hammett, St: Clair NOES: Councilmen: None: ABSENT: Councilmen: None Del Mar: -Avenue On.motion by Councilman Wilson, seconded -.by Councilman St., Clair; Resolution: 71-93, being A RESOLUTION OF THE CITY Resolution 71-93, COUNCIL OF THE CITY OF COSTA MESA REQUESTING THE -COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM, THE DEVELOPMENT.OF DEt MAR AVENUE, was adopted by - the -following roll call vote: AYES: Councilmen: Jordans Hammett,, Wilson, Pinkley, St.,Clair- NOES: Councilmen: None ABSENT: Councilmen: None.- Street.-Maintenance one. Street Maintenance The City Manager requested that the Street Maintenance Supervisor. Supervisor's salary be'down-grade=d from Range 48, $991.00 to $1,204.00 per month, to Range 44, $899.00 to .$1,094.00 per month.. On motion by Councilman St. Clair; seconded by Councilman Jordan, the request was approved by the following roll call -vote: AYES: Councilmen:, Jordan, Wilson, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None 1 1 1 Bid Item 184 The City Manager requested authorization to advertise for Vehicle Parts,,, bids on Bid Item 184, the furnishing of Vehicle Parts, Accessories -.and Accessories and Vehicle Machine Shop. -Service for City - Vehicle Machine Owned Equipment. On motion by Councilman.Pinkley, Shop Service seconded.by Councilman St. Clair, the bids were authorized to be opened by the Clerk on January_7; 1972, at 11:00 a.m.' Bids Authorized in the Council Chambers,.City Hall, .77 Fair Drive, Costa Mesa, by the following -roll call vote: ' AYES: Councilmen: Jordan, Wilson, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None J Bid Item 185 The City Manager -requested authorization to advertise for Ready Mixed. bids on Bid Item 185,, the Furnishing of Ready Mixed Concrete Concrete. On motion by Councilman Pinkley, seconded by Councilman St. Clair, .the bids were authorized to be —opened by the Clerk on January 7, 1972, at 11:00 a.m. in the Council Chambers, City'Hall, 77 Fair Drive,, Bids Authorized Costa Mesa, by the following roll call vote: AYES: Councilmen: Jordan, Wilson,.Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Bid Item 186- The-City.Manager, requested authorization to advertise for Tilt Bed - bids on.Bid Item 186, one -Tilt --Bed Equipment.Trailer. On Equipment_ motion by.CouncilmarCPinkley,, seconded by Councilman Trailer St. Clair, the bids -were authorized to be opened by the Clerk on January 7., 1972, at 11:00 a.m., in the Council Chambers, City'Hall, 77 Fair.Drive, Costa Mesa, by the following roll call vote: AYES-:' Councilmen: Jordan, Wilson, Pinkley, Hammett, St. Clair ..NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing _ The_Mayor announced,that this was the time and place set Redevelopment for the public hearing to determine if a redevelopment Agency agency should be. -activated for the downtown area. The affidavit of publication is on -file in the Clerk's office: The Clerk read a letter from Jack W. and Margaret A. Reinert in favor of the agency, and a letter from Marcie Carlos, Joe Carlos Plumbing, in,favor. Councilman Pinkley stated that a letter was received from the President and First Vice.of Costa Mesa Tomorrow, Incorporated, requesting that no action be taken at this meeting, and to postpone'.the hearing until after the Holiday Season. Mr. Neil-Abrams.,J10 Broadway,.Costa.Mesa,.addressed the Council -and .stated that it would.not.be necessary to post- pone the hearing.,. Mr. Abrams is First_ Vice President of the Costa Mesa -Tomorrow group. Several people present were in favor.of -the-formation of.the agency. Mrs. Eloise Henderson, 955 Magellan, spoke and -asked questions about plans for the agency. Dr. Tom Nelson, 283 Lilac Lane, Costa Mesa, spoke in favor of the agency. Mr. Roy McArdle, Costa Mesa, spoke briefly. On motion..by Councilman Hammett, seconded by Councilman.St.:Clair, and carried, the.public hearing was q ntinued,:to,_the meeting .of January.3, 1972, and the City Attorney was.instructed:to prepare the necessary papers creating.a Costa:Mesa-Redevelopment Agency and preparing for the appointment of members, .and anyone wishing to object would have the.opportunity to,do so.at-that meeting. Public Hearing The Mayor.announced this was the time and place set for the R-71-23 public hearing for Rezone Petition R-71-23, Derrick H. and Wakeham William H: -_Wakeham,. 2208 East Coral Avenue, Orange, for permission to rezone property south of Sunflower, between Smalley Road and Baker.Street, from Al.to R1. The affidavit of publication is on file.in the.Clerk's office. Mr. Darrell Dalton, representing The Larwin Company, addressed the Council. There being no further speakers, the Mayor closed the public hearing. On motion by Councilman Jordan,, seconded by Councilman St. Clair, Ordinance 71-40, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING -THE ZONING OF A PORTION OF'LAND ALLOTTED -TO JAMES McFADDEN IN Ordinance 71740 THE FINAL DECREE OF PARTITION OF .THE;RANCHO SANTIAGO First Reading DE SANTA ANA, FROM Al to Rl; was .given first reading and passed to second reading by.the following roll..call.vote: AYES: Councilmen: Jordan, Wilson, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT:. Councilmen: None Public Hearing The Mayor announced this was the time and place set for the R-71-22 public hearing for Rezone Petition R-71-22, St. John St. John The Divine Church, care of Robert E. Johnson, 2043 Orange Avenue, Divine Church Costa Mesa, for permission to rezone property on the south- easterly corner of Bay Street and -Fullerton Avenue, Costa Mesa, from Rl to R2 -CP. The'affidavit of publication is on file in the Clerk's office. The Clerk presented a petition. containing 22 signatures -against the rezone, and. read five,le.tters,against the rezone. Mr. Michael Kay spoke briefly. The -Mayor closed the public hearing.. On motion by Councilman,Jordan, seconded by Councilman Pinkley-, Ordinance 71-41, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY.'OF COSTA.MESA, CALIFORNIA, CHANGING Ordinance 71-41 THE ZONING OF A PORTION OF LOT 222, NEWPORT HEIGHTS, FROM R1 First Reading TO R2-CP2 was given first reading, and passed to second reading, by the following.roll,call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, Hammett,. St.,. Clair NOES: Councilmen: None ABSENT: Councilmen: None. Public Hearing. The. Mayor announced this was the time and place set for R-71-21', the public.hearing for. Rezone Petition R-71-21, James D. Ray Ray and Hill and Clara Hill, 188 East -17th S,treet,.Costa Mesa, for per- mission to.rezone property located at 2100-2110 Valley .Road, Costa Mesa, from Ml to R3. The.affidavit of - publication is on file in the Clerk's .office. The Clerk read.six letters in :opposition to the.rezone. Mr. Grant Velie, 1107 Valley Circle,.Costa Mesa, spoke briefly. Mrs. Marilyn Bishop, 1103.Valley Circle, spoke against the rezone. There were no further speakers., and the Mayor closed the public hearing. On motion by Councilman St. Clair, -seconded by'Councilman Pinkley, and carried, Denied the rezone was denied. ZE-71-65 The Clerk.presented from the meeting of July 19, 1971, SMR Corporation application for Zone Exception Permit ZE-71-65, SMR and/or'Don Koll Corporation., and/or -.Don Koll Company, 17755 Skypark Circle, Company Irvine, for..permission toallow construction of a storage garage wi.th,a chain link and slat -exterior with a parking reduction. of 28 parking,..spaces'.(34 available, 62 required), at 940 West 16th Street-, in.an,Ml.zone. (Nine cards were mailed notifying residents of hearing on the appli- cation). The -Planning Commission.recommended approval subject to conditions, with Conditions -14 and 15 deleted, 1 1 ZE-71-65 and Conditions 17 and 18 added. There were no speakers. SMR Corporation The applicant was not present. Councilman St. Clair made and/or Don Koll a motion to approve the application subject to conditions, Company which was seconded by Councilman Hammett. Councilman continued Jordan made a substitute motion, seconded by Councilman St. Clair, which carried unanimously, to hold the appli- cation over to the meeting of January 3, 1972, and the applicant will be notified to appear. ZE-71-105 The Clerk presented application for Zone Exception Permit Delphino ZE-71-105, Albert J. Delphino, 1623 Mesa Drive, Santa Ana, for permission to have open storage and retail sale of cord wood in a C2 zone, on property located at 1700 Superior Avenue. The Planning Commission recommended denial. The applicant was present and addressed the Council. No communications were received. After discussion, on motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved subject to Conditions 2 and 7, and deleting Conditions 1, 3, 4, 5 and 6. ZE-71-106 The Clerk presented application for Zone Exception Permit Powell ZE-71-106, Richard E. Powell, 121 Cecil Place, Costa Mesa, for permission to teach piano in the home, by appointment only, in the afternoons from 12:30 p.m..to 6:00 p.m. (no Sunday) at that address, in an R2 zone. The Planning Commission recommended approval subject to conditions. The Clerk presented two letters in favor. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the application was approved subject to conditions. ZE-71-107 The Clerk presented application for Zone Exception Permit Temple Sharon ZE-71-107, Temple Sharon, 617 West Hamilton Street, Costa Mesa, for permission to operate a nursery school for a maximum of thirty-four (34) children, five days per week, from 9:00 a.m. to 11:30 a.m., two years nine months of age through five years, in existing classrooms of the Temple Sharon Educational Building located at that address, in an R2 zone. The Planning Commission recommended approval subject to conditions. The Clerk presented two letters against the application. Dr. Herman Birch, representing Temple Sharon, addressed the Council and explained the proposed plans for operation of the school. There were no other speakers. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the application was approved, subject to conditions, with Conditions 4 and 5 deleted. ZE-71-108 The Clerk presented application for Zone Exception Permit Shell Oil Company. ZE-71-108, Shell Oil Company, Post_Office Box 20158, San Diego, for permission to construct one 24 foot by 24 foot and,one 24 foot by 50 foot ranch style canopy on existing service station located at 3131 Harbor Boulevard, Costa Mesa, in a Cl zone. The Planning Commission recommended denial of the Freeway sign and approval of detached canopies subject to compliance with the City's non-structural Service Station Development Standards, and subject to conditions. Mr. Cal Massee, 3511 Camino Del Rio, San Diego, was present, representing Shell Oil Company, and addressed the Council.. After discussion, on motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was. approved subject to con- ditions, and the Freeway sign -.was denied, but the applicant was given the right to appear after the first of the year on the Freeway sign. ZE-71-109 The Clerk presented application for Zone Exception Permit Shell Oil Company ZE-71-109,''8hell Oil'Company, Post Office Box 20158, San Diego, for permission to construct one 24 foot by 24 foot and one 24 foot by 50 foot ranch style canopy on existing service station located at 2249 Harbor Boulevard, Costa Mesa, in a C2 zone. Mr. C. M. Massee, San Diego, was present as the representative of Shell Oil Company. After discussion, on motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the application was approved subject.to conditions, with Condition No. 3 deleted and Condition No. 7 added, that an encroachment permit be secured from the City; and applicant shall comply with non-structural service station development standards. ZE-71-110 The Clerk presented application for Zone Exception Shell Oil Company Permit ZE-71-110, Shell Oil Company, Post Office Box 20158, San Diego, for permission to modernize an existing service station building with a ranch wrap treatment on property located at 2252 Fairview Road, Costa Mesa, in a Cl zone. The Planning Commission recommended approval subject to deletion of Condition No. 3, addition of Condition No. 8, that an encroachment permit be secured from the City; and subject to all other conditions, and compliance with non- structural service station development standards. Mr. C. M. Massee represented Shell Oil Company. A discussion followed regarding the traffic situation on Wilson Street. On motion by Councilman St. Clair, seconded by Councilman Hammett, and carried, the application was held over to the meeting of January 17, 1972, and Shell Oil Company will be notified. ZE-71-111 The Clerk presented application for Zone Exception Shell Oil Company Permit ZE-71-111, Shell 0il Company, Post Office Box 20158, San Diego, for permission to rebuild a service station with a -three -bay ranch unit and one 24 by 52 foot canopy and one 24 by 24 -foot canopy; canopies are detached, on property located at the northeast corner of Harbor Boulevard and Fair Drive, Costa Mesa, in a Cl zone. The Planning Commission recommended denial. Mr. C. M. Massee represented Shell Oil Company. Mr. Paul Ingraham, owner of the property, addressed the Council. After discussion, on motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was held over to the meeting of January 17, 1972, and Shell Oil Company will.be notified. ZE-71-113 The Clerk presented application for Zone Exception Permit MacGregor Yacht ZE-71-113, MacGregor Yacht Corporation, 1631 Placentia Corporation Avenue, Costa Mesa, for permission to use the property located on the southeast corner of 16th Street and Placentia Avenue for off-site parking for the employees of MacGregor'Yacht Corporation, in an M1 zone. The Planning Commission recommended approval subject to con- ditions; and Condition 8 is to read: Landscaping in accordance with the M1 Industrial Standards under the direction of the Planning Department. The applicant was present and addressed the Council. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, the application was approved subject to the conditions with Condition 8 as stated above, and the applicant can either supply the cash deposit as required in Condition 1, or an assigned Savings and Loan Deposit passbook or. surety bond. ZE-71-114 The Clerk presented application for Zone Exception Permit, Sewell ZE-71-114,.Richard A. Sewell,'434-A East 17th Street, Costa Mesa, for permission to divide a parcel of land containing 81,730 square feet of land area into 10 lots to be developed with one duplex on each of six lots, and one triplex on each of four lots (overall density of one unit per 3,406 square feet of land area), with certain ­deviation:s in parking and setbacks as shown on the precise plan attached to and made a part of this -- application, per CP standards, on property located at the southeasterly corner of Bay Street and Fullerton, in an R2 -CP zone. The Planning Commission recommended approval 'subject to conditions and Condition 19 changed to read: Decorative block wall.six feet in height to be constructed along the rear property lines and opaque fencing along the side property -lines under the direction of the Planning Department. The applicant was present and.addressed'the Council. The applicant requested per -- mission to build a 6-foot,cedar grapestake fence instead , of the block wall on .the rear property line. A motion by Councilman Jordan, seconded by'Coun.cilman Hammett to approve the application and to allow the grapestake fence, as requested, was defeated, Councilmen Wilson, Pinkley, St. Clair voting No. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, the application was approved subject.to all conditions, -with the 6 -foot decorative block wall on the rear property line, Councilman Hammett voting No. There were no oral communications. Corona -del -Mar Mayor Wilson requested the Council to adopt a resolution Freeway strongly urging the State Highway Commission to reconsider its priorities for .the .Co.rona del Mar Freeway and begin the necessary procedures to immediately fund construction of this facility. On motion .by Councilman Wilson, seconded Resolution 71-94 by Councilman Jordan, Resolution 71-94, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, URGING THE CALIFORNIA HIGHWAY COMMISSION TO RE-ESTABLISH PRIORITIES WITH RESPECT TO THE CORONA DEL MAR FREEWAY, AND URGING ITS IMMEDIATE CONSTRUCTION, was adopted, and copies will be forwarded to Senator Dennis Carpenter, Assemblymen Robert Burke and Robert Badham, Supervisor Ronald Caspers, Mayor Edgar Hirth of Newport Beach, and Mr. Ted McConville, Orange County Road Department, by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Mayor Wilson reported briefly on the National League of Cities Conference in Hawaii. Adjournment The meeting adjourned to an executive session at 9:40 p.m. Executive On motion by Councilman Jordan, seconded by Councilman Session Hammett, the City adopted the City Attorney's recommendation to appeal former City Manager Arthur McKenzie's lawsuit. The Council appointed a sub -committee consisting of the City Manager, City Attorney, Gene Neer, and Councilman Jordan, to recommend an outside attorney to assist the City in the appeal of the decision rendered in the lawsuit by Mr. McKenzie against the City. Executive Session The executive session adjourned at 10:25 p.m. Mayor of the'City of Costa Mesa ATTEST : - Gil City`Clerk of the City of Cost esa h 1