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HomeMy WebLinkAbout04/02/1973 - City Council�2 ,REGUL_ AR MEETING OF- THE CITY COUNCIL CITY OF, .COSTA MESA April 2, .19.7,3 The City.,Council of the City of Costa Mesa, California, met.in regular.session at 6:30 p .m.; , ,April 2,' 19.73; ..at; the City Hall, 77 Fair.-Drive,.Costa Mesa. The meeting was called to order by Vice Mayor Jordan, -fol- lowed by the.P.ledge:of.,Allegiance to the Flag.by_,Brownie..Troop 450 and Invocation by the .Reverend: G.:,F.-:Hertweck. - Roll Call Councilmen Pre_sent:..:Jordan,, Pinkley, Wilson, .Raciti Councilmen Absent: Hammett (arrived at 6:35 p.m.) Officials.Present:. City Manager, City Attorney, Director of Engineering .-Services/City Engineer, Director of Planning, City Clerk, . Minutes The Vice Mayor declared the;Minutes of the meeting March .19, 1973 of:.March..19,..1973;- approved.:as distributed and posted..., Mayor Arrived Mayor Hammett arrived at 6:35 p.m. Agreement The Clerk.:p.resented from .the meeting of March 19, Greenbelt 1973, a proposed Greenbelt Commission Joint Powers Commission Agreement.. Mrs. -Gertrude .E. Drollinger, President Joint Powers of. the..League , of. Women Voters of Orange Coast, and Mrs. Diane Sten.ge,, 228 Amherst Road, Chairman of the -Costa Mesa.Greenbelt Committee, urged Council approval of this agreement. Vice Mayor Jordan spoke in favor of the agreement, stating that cost to the City would be.•$6,7000..00- per .year. A motion by Vice Mayor Jordan,.seconded by Councilman Wilson, -for approval for a one-year period was followed by Council discussion.. The.,motion failed to carry, Councilmen Raciti, Hammett, and Pinkley voting no. The.Council:is,not opposed to the plan but to the manner in which it is being introduced. E1 Monte Chemical Mayor Hammett informed those present of the explo- Corporation sion at the El Monte Chemical Corporation, 829 West Explosion 17th Street. The City Manager gave a short report of the casualties and damage -as estimated at this time. Mayor Leaves Mayor Hammett left the meeting at 6:50 p.m. and returned at 6:56 .p -.m._ Beverly Carey Vice Mayor Jordan read a resolution commending Beverly Bicentennial Carey for her interest in the Bicentennial Committee. Committee On motion by Vice Mayor Jordan, seconded by Councilman Resolution 73-20 Wilson, Resolution 73-20, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA COMMENDING BEVERLY CAREY FOR HER.VITAL INTEREST IN THE COSTA MESA BICENTENNIAL COMMITTEE, AND FOR HER CONCENTRATED INTEREST AND EFFORT IN THE -ORGANIZATION OF THE COM- MITTEE, AND THE ESTABLISHMENT OF ITS GOALS, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: 'None ABSENT: Councilmen: None 1 1 1 The resolution was presented to Mr. Tom Baum, representing Mrs. Carey, who was not able to accept the resolution because of illness. Surplus Property The Clerk presented from the meeting of March 19, Bond Issue 1973, a report on surplus property as related to the Bond Issue. Councilman Wilson reported on progress .the Fairgrounds Liaison Committee has made during meetings with the Fairboard regarding the 33 -acre parcel.of land under negotiation. As directed by Council at the.meeting of March 19, 1973, this item will be placed on each Council agenda until final action is taken. Appeals Ordinance A proposed appeals ordinance from the adjourned Ordinance 73-8 meeting of February 6, 1973, was presented. On First Reading motion by Councilman Pinkley, seconded by Council- man Wilson, Ordinance 73-8, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTAB- LISHING APPEAL PROCEDURES FOR APPEAL FROM THE DECISION OF THE CITY STAFF, THE PLANNING COMMISSION, OR THE CITY COUNCIL, was given first reading and passed to second reading, by the following roll call vote. AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen. None -ABSENT: Councilmen: 'None Revision of A proposed ordinance..from.the meeting of December 18, Section 9380.0 1972, revising Section 9380.0 of the Municipal Code Ordinance 73-9 was presented. On moti.on.by Vice Mayor Jordan, First Reading seconded by Mayor Hammett, Ordinance 73-9, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,-AMENDIN.G..SECTION 9380.0 COSTA MESA MUNICIPAL CODE, RELATING TO PARKING.STANDARDS IN M-1 AND M-2 ZONES,.ESTABLISHING-PARKING AREA DEVELOPMENT STANDARDS FOR SAID ZONES., AND EXPRESSING THE NEED THEREFOR, was given first reading and passed to second reading, by -the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENTi, Councilmen:. None CONSENT CALENDAR ITEMS: The following items were removed from.the Consent.Calendar for discussion: Item 6, communications.regarding public.hearing allowing alcoholic beverages in certain county regu- lated recreational areas;, and Item 27b, a request from the Daughters of the American.Revolution for use of Costa Mesa Park. On motion -by Mayor -Hammett, seconded by Councilman Wilson,: and carried, -.the remaining Consent Calendar items were -approved. -by the -following roll call vote: AYES.: Councilmen:. Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT:. Councilmen:...None Mark IV Charter An application.before the Public Utilities Commission Lines for Mark IV.Charter Lines,_.Incorporated, for authority to providepassenger stage service between points in Southern California and -Mammoth Mountain, was received and processed. California Angels A resolution was received from the City of Anaheim - Resolution 73-21 supporting Orange -County's Major League Baseball Club, b the California Angels'.. On motion by Mayor Hammett, seconded by Councilman Wilson,. Resolution 73-21, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA SENDING BEST WISHES FOR A SUCCESSFUL 1973 SEASON TO THE CALIFORNIA ANGELS OF THE AMERICAN.BASEBALL LEAGUE, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT:. Councilmen: -None Growth -Policy A letter was received from the Orange County Plan -- Report ning Commission regarding their Growth Policy Report, - and the City Manager will submit his report on May 7, 1973. Flood Control A letter of acknowledgment of receipt of Costa Mesa's Problem resolution from Congressman Hinshaw regarding the Santa Ana Canyon flood control problem in Santa Ana Canyon, was received and processed. Santa Ana River A resolution from the City of Santa Ana urging the Basin Flood United States Congress to appropriate funds to Hazard complete the study of the Santa Ana River Basin flood hazard, and implement measures to alleviate the threat of flooding, was received and processed as Council previously adopted a similar resolution. Apportioned A statement from Houston I. Flournoy, Controller of Revenues the State of.California,_showing share of revenues to be apportioned during fiscal year ending June 30, 1974, was received .and processed. State Lottery A resolution from the City of Huntington Beach sup- porting legislation establishing a State lottery for the benefit of public, education, was received and processed. Alcoholic Beverage An application for person-to-person transfer of an Licenses off -sale general license from Clarence L. and Rita Mr. B's D. Boardman to S.S:K., Incorporated, Jack N. Kaminski, President,, Mr'. B's, 2205 Fairview Road, for which the Planning Department approved parking, was received and processed. - The Bordeaux An application for person-to-person transfer of an on -sale beer.and.wine license from George E. Duperroy to Jacques Bouche, Incorporated, Jean Jacques Bouche, President, The Bordeaux, 758 St. Clair Street, for which the Planning Department approved parking, was received and processed. The Gas Company An application for person-to-person transfer of an on-sale.beer andwinelicense from Cee -Gee Management, Incorporated, to Anthony. E. Paley, The Gas Company, 1550 Superior Avenue, for which the -Planning Depart - went approved parking, was received and processed. Red's.Saloon An application for person-to-person transfer of an on -sale beer license from Douglas G. Mark and Gary H. Winterberger to James E. King and Gary H. Winter- berger, Red's Saloon, 2014 Placentia Avenue, for which.the Planning Department approved parking, was received and processed. Business License A business license application from Continental Canine, Continental Incorporated, Robert E.- Buesing, President, 16320 Canine South Marquardt Street, Cerritos, for a,sentry dog 1 i 1 1255 service, for which the Police Department recommended approval, was approved. R-73-05 Rezone Petition R=73-05,.South Coast Plaza, 3315 South Coast Plaza Fairview Road,'for permission to rezone property lo - Hearing Set cated north of the San Diego Freeway, south of.Sunflower Avenue, and east. of Bristol Street, approximately 1,200 feet from the centerline of Bristol Street, from Al and CIS to "TC", Town Center, was set for public hearing at Abandonment of 6:30 p.m., April 16, 1973. On motion by Mayor Hammett, seconded by Councilman Specific Plan for Wilson, a request for a proposed:abandonment of the Denver Drive Specific Plan for Denver Drive, being the extension of Resolution 73-22. existing.Denver Drive east of Tract 5442, located east Hearing Set. of Babb Street approximately 276.00 feet southerly of the centerline of Paularno Avenue, was set for public hearing at 6:30 p.m.., April 16, 1973, and Resolution 73-22, being A.RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF COSTA MESA, CALIFORNIA, OF INTENTION TO ABANDON A REVISED SPECIFIC PLAN FOR A CUL-DE-SAC FOR THE EXTEN- SION OF DENVER DRIVE, LOCATED EAST OF BABB STREET.AND SOUTH OF PAULARINO AVENUE, was adopted by the'following roll. call' vote: AYES: -Councilmen:- Hammett, Jordan, Pinkley, Wilson, Raciti NOES; -Councilmen; None ABSENT: Councilmen': None. Refunds A request from Roy.Watkins, 1981 Maple Avenue, Costa Watkins Mesa, for refund of fee•oii Building Permit No. 36125, as project was: abaridoned', was approved in the amount of $29:75;, or 85 percent.of.-fee, as recommended by the Director of Building Safety, by the following roll call vote: AYES: Councilmen: -Hammett, Jordan, Pinkley, -, Wilson, Raciti NOES: -Councilmen: None ABSENT: Councilmen: None Reinecke A -request from'Rix Reinecke, A.I.A., 238'Rose Lane, Costa Mesa, for refund -of park and ,recreation ' fee on Building . Permit No.' -34612, as project was abandoned, was approved in the amount of $55.00'as recommended by the Planning Department, by -the following -roll call vote: AYES:. Councilmen. Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen -c- None ABSENT: Councilmen:'. -None Right of Way Deeds The following right of way deeds were accepted and ordered placed.on record -with the brange County Recorder, by the following roll cill'vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES-: Councilmen: None ABSENT-: Councilmen: None - DEED NAME "' FOR STREET 2250 Gabriel and Matilda Parsons'Street Barnett widening 2222 Curtis•A. Herberts,"" Fullerton Avenue' - et al widening 2245 Irvine Industrial storm drain on: - Complex, Gary and'' north side of Marie Brin'derson Baker Street Claims The following claims received by the Clerk were referred to the City Attorney: George Russel Knepper; Sully - Miller Contracting Company; John A. Hammer, Manager, doing business as Snoopy's Bar. 1,46 Mesa Verde Drive The following bids were opened by the Clerk on East from Harla March 27, 1973, for Improvement of Mesa Verde Avenue to Harbor Drive East from Harla Avenue to Harbor Boulevard, Boulevard Arterial Highway Financing Project Number 622, Gas Tax Number 82: NAME AMOUNT R. W. McClellan and Sons _ $61,647.87 E. L. White Company $61,974.00 Sully -Miller Contracting "" $63,232.05 Company El Camino Contracting $65,160.75 Company Griffith Company$69,757.00 Awarded On motion by Mayor Hammett, seconded by Councilman Wilson, the contract was awarded in the amount of $61,647.87 to R. W. McClellan and Sons, as having submitted the lowest bid meeting specifications, by the following roll call.vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen:, None ABSENT: Councilmen: None Select System On motion by Mayor Hammett, seconded by Councilman of City Streets Wilson, Resolution 73 -23, -being A RESOLUTION OF Resolution 73-23 THE CITY COUNCIL OF -THE -CITY OF COSTA MESA APPROVING AND ADOPTING CERTAIN CHANGES IN THE SELECT SYSTEM OF CITY STREETS OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Newport Drainage A request from the Local'Agency Formation Commission District to dissolve the Newport Drainage District was presented. Council directed that no action be taken at this time with dissolvement of the District to be reconsidered in one year's time. Kiwanis Club A request from t1ie.Costa Mesa Kiwanis Club, James Costa Mesa Park Yamanaka, Special Events Chairman, for permission to use the Costa Mesa Park on May 12, 1973, from 7:00 a.m, to 12:00 noon, for a fund-raising breakfast, with use of street banners and a loudspeaker system for advertisement purposes, was approved subject to the condition that arrangements be made with the Department of Leisure Services for electrical ser- vice requirements, park cleanup, trash pickup, hours of operation, and normal insurance requirements, and with the revenue fee waived. Senate Bill 226 A recommendation that the Council go on record in support of Senate Bill 226, which empowers the Grand Jury to investigate County, City, and local govern- ment officers, was approved. Alcoholic Beverages Item 6a on the Consent Calendar, a resolution of the - County Board of Supervisors acting as the Governing Board Recreational, of the Orange County Harbors, Beaches and Parks Properties District, setting a hearing date; and Item 6b on the Resolution 73-24 Consent Calendar, a_letter from Supervisor Ronald Caspers requesting Council's opinion, regarding the allowance of alcoholic beverages in certain County regulated, recreational areas, were presented. On motion by.Councilman Raciti.,- seconded by Councilman 127 Pinkley, Resolution 73-24, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OPPOSING THE LIFTING OF RESTRICTIONS FOR THE SALE OF ALCOHOLIC BEVERAGES ON COUNTY PROPERTY, AND SETTING FORTH THE REASON .THEREFOR, was adopted by the fol- lowing-roll.call'vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson., Raciti NOES: Councilmen: None ABSENT: Councilmen: None Daughters of Item 27b on the Consent Calendar, a request from the the American. Daughters of the American Revolution, Mrs. Jean Revolution Picnic Wheeler, Committee Chairman, for permission to use Costa Mesa Park the Costa Mesa Park on July 4, 1973, for an old- fashioned picnic; was presented. Mrs. Wheeler was not present. On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried., the request was held over to the meeting of April 16, 1973, and the City Manager directed to contact Mrs. Wheeler for information regarding the use intended for the park. Warrant On motion by Councilman Pinkley, seconded by Council - Resolution 769 man Wilson, Warrant Resolution 769, including Payroll 7306,.was approved by the following roll call vote: AYES:Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES,: Councilmen:... None ABSENT: Councilmen: None Warrant On.motion by Mayor.Hammett., seconded by Councilman Resolution 770 Raciti,--Warrant Resolution 770 was approved by the following roll call vote: AYES: Councilmen: .Hammett, Jordan, Pinkley, ...... I.. Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Claims The City Attorney presented an application to file Serrano a late claim from Mrs. Mildred Serrano, and requested this claim be held'over for -further investigation. On motion.by Councilman Wilson, seconded by Council- man Pinkley; and carried,: the claim was held over pending further investigation. Myre The City Attorney presented .a claim from Michael J. Myre, a minor,,.by and through Virginia L'Esperance and Gerald..I. Myre, his Guardians ad Litem, and recommended denial as there was no liability.on the part of the City. On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried,.the claim was denied.._; Redevelopment On motion -by Councilman Pinkley, seconded by Council - Agency man Raciti-,. Resolution.73-25, being A RESOLUTION OF Resolution 73-25 THE CITY -COUNCIL OF -THE -CITY OF COSTA MESA ESTABLISHING THE CITY STAFF AS THE STAFF_ OF THE COSTA MESA REDEVEL- OPMENT AGENCY, was adopted by the following roll call vote:..-. AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT:. Councilmen: • . None Costa Mesa On motion by.Councilman Wilson, seconded by Councilman Redevelopment Raciti,..and. carried, a proposed resolution of the Costa Agency Mesa Redevelopment.Agency establishing compensation for Compensation members attending meetings was held over until the Costa Mesa Redevelopment Agency has held its next meeting. "1"26, Agreement A proposed agreement between the Costa Mesa Wilsey and Ham Redevelopment Agency and Wilsey and Ham for Redevelopment services to be completed by November 15, 1973, Agency in connection with the preparation of the re- development plan,'in the amount of $32,500.00, was presented. On motion by Councilman Raciti, seconded by Mayor Hammett, the agreement was approved and referred to the Redevelopment Agency'for approval by the following roll call vote: Public Hearing Land Evolution: R-72-22 Public Hearing General Plan Amendment No. GP -73-01 Continued Public Hearing Land Evolution R-7222 Continued AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti 'NOES: Councilmen: None ABSENT: Councilmen: None The'Clerk announced that this was the time and place set for continued public'hearing from the meeting of March 5, 1973, Rezone Petition,'R-72-22, Land Evolu- tion, Incorporated, 1971 Ritchey Street, Santa Ana, for permission.to rezone property located at the southwest corner of Thurin and Hamilton Streets from R2 to R4 -CP. No communications have been received. Mr. Jerrel C. Barto, President of Land Evolution, Incorporated, opposed further delay of Council deci- sion.. A decision that might be made regarding this public hearing is contingent on the public hearing for -General Plan Amendment GP -73-01, which was. scheduled later in the meeting. On motion by Mayor Hammett, seconded by Councilman Wilson, and.carried, the public hearing for Land Evolution, Incorporated, was held until later in the meeting and the public hearing for General Plan Amendment GP -73-01 taken out of sequence to be heard next on the agenda. The Clerk announced that this was the time and place set for continued public hearing from the meeting of March .5, 1973, General Plan Amendment No. GP -73-01, Costa Mesa Planning Commission, 77 Fair Drive, to consider proposed amendments -to the General Plan in the area bounded by Victoria"Street, West 19th Street, -Harbor Boulevard, and Newport Boulevard. Communica- tions have been received requesting C2 zoning from the following: Joseph. and Edith Carver, Mr. and Mrs. Charles Adams, Mr. Al Lutge, Ruth L. Hamilton. Mr. Carver and Mr Hamilton spoke in behalf of the above request. On motion by Councilman Raciti, seconded by Councilman Wilson, and carried, the public hearing was continued to the meeting of April 16; 1973, and the item is to be discussed at the study session on April 9, 1973. From earlier in the meeting, public hearing for Land Evolution, Incorporated, Rezone Petition R-72-22, was reopened. On motion by Councilman Wilson, seconded by.Councilman Pinkley, the public hearing was.con- tinued until the meeting of April 16, 1973, and the item is to be discussed at the study session on April 9, 1973.. Public Hearing The public hearing continued from the meeting of March Alcorn 5,1973,: Rezone Petition R-72-27, Carol R. Alcorn, R-72-27 3152 Sicily Avenue, Costa Mesa, for permission to Continued rezone property located at 377 West Bay Street from R2 to R4, was presented. On.motion by Councilman Wilson, seconded by Councilman Raciti, and carried, the public hearing was continued until the meeting of April'16, 1973; and the item is to be discussed at the study session on.April 9, 1973. 1 1 1 1 1 1 Public Hearing The Clerk announced that -.this was the time and place Larson Industries ..set for continued,public_:_hearing.from the meeting of R-72-19 Amended March 19, 1973,.Rezone:Petition R-72-19 Amended, Ordinance 73-10 Larson Industries, Incorporated, and William England, First Reading -in, care of. William K. _Davis,. 359 San Miguel Drive, Newport Beach•, for permission to rezone property located vest of 'Newport Boulevard, south of Paularino ..Avenue, and north.of Baker.Street, from M1 and C1 -CP to R4 -CP. No communications have been received. Mr. William K. Davis, 359 San. Miguel Drive, Newport Beach, requested the,zone change be amended from R4 -CP to R2 -CP as he now plans a condominium town house project.with-individual..ownership. A motion by Councilman.Wi.lson., seconded by Councilman Pinkley, for approval with the zone change amended to R2 -CP, was followed by di'scussion.• There being no other speakers; Vice,Mayor Jordan closed the public hearing. Ordinance 73-10, being, -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 1,•BLOCKE,,BERRY TRACT, FROM M1 AND C1 -CP TO R2 -CP, was given first reading and passed to second reading by,the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson NOES: ..Councilmen*: Raci.ti ABSENT: Councilmen: None Public Hearing R-72-23 Ordinance.,73-.11 First.Reading Public,.Hearing .. Raub and Rochester R-73-0:4 Ordinance 73-.12 - First.Reading. The Clerk announced that this was the time and place set for public hearing f,or•.Rezone Petition R-72-23, Costa Mesa Planning..Commission, Post Office Box 1200, Costa Mesa; for permission to' rezone property located west.,of Bear Street be-tween.the San Diego Freeway and South :Coast :Road,; from C1-CP.,to CR, Commercial - Recreation: No communications have been received. The affidavit of.publication-is on file in the Clerk's - office: Director -of Planning stated that the environ- mental impact,.statement has been submitted and approved by,;the Planning- Commission. There being no other speakers.,'Vice'Mayor.Jordan closed the public hearing. On motion;by. Mayor�Hammett, seconded by Councilman Wilson, Ordinance 73-11, being AN. ORDINANCE OF THE CITY COUNCIL'. .OF THE CITY.OF COSTA MESA, 'CALIFORNIA, CHANGING THE_.Z.ONING OF.A PORTION OF THE LAND ALLOTTED TO JAMES•McFADDEN PER-F.INAL:DECREE OF PARTITION OF THE RANCHO.SANTIAGO DE;SANTA.ANA, FROM Cl -CP TO CR, was given'firs.t..-reading and passed to second reading, by the :following :roll. call.;vo_te:. AYES: Councilmen: .Hammett, Jordan, Pinkley, Wilson, Raciti 7NOES: Councilmen: None ABSENT: Councilmen: None The Clerk:.a'nnounced that this was the time and..place set for public-'hearing'for Rezone Petition R-73-04,.__ far: Es tate ..of., -.Jack S Raub : and Rochester Investment, Company, 136,Rochester,Street, Costa Mesa, for permis- sion.y-to- rezone proper ty,:at;.1.31 and 135 East 18th Street, from C1 -CP. and . CL ;to R4 -CP.. --The-,affidavit of publica tion . is on -.file . in the . Clerk's office. Communications in favor of the rezone have -been received from the following.: H: W:' Wright .Company.; -"126 Rochester Street; Costa. Mesa Tomorrow;. Incorporated; and from the Rochester Investment Company_,: supporting their applica- tion. Mr.•iSewell, Ric -hard .Sewell, Incorporated, 434 East-,, 1.7th., Street" Costa"Mesa,, the proposed developer represents:ng.the;property.owners, described future plans. Mr. Tom Nelson, 1796 Newport Boulevard, representing Costa Mesa Tomorrow, and Mr. Bill Frost, of Raub, Bein, 130 Recess Frost;' and Ass`ociates;'' spoke in support of - the appli'cat'ion._.' There being no other speakers, Vice Mayor Jordan closed the'piiblic hearing. On motion by Councilman.Pinkley; seconded by Councilman Raciti, Ordinance 73=12,'being;AN`ORDINANCE OF THE CITY COUNCIL OF THE CITY -OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 121 OF NEW- PORT.HEIGHTS'FROM C1=CP'AND C1 TO R4 -CP, was given first read_ ing"'and' "passed to' second reading by the 'following roll 'call vote:` AYES:'' Councilmen: Haiimett, Jordan, Pinkley, Wilson, Raciti NOES: Councilirien: `` None ABSENT: Councilmen: None The Vice'Mayor declared a recess at 7:50 p.m., and the meeting reconvened"at.8:00 P.M. Expiration of A letter from Nathan Reade notifying Council of Planning expiration of -his Planning -Commission term on April Commission Term_ 21, 1973; and offer to accept an additional term or Reade interim appointment was -held for acknowledgment -after the regular Council meeting. Dismantled Vehicles Orimotion-by'Mayor Hammett, seconded by Councilman Ordinance 73-13 Pinkley, Ordinance -73-13, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF -THE CITY OF COSTA MESA PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, -WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF -FROM PRIVATE PROPERTY OR PUBLIC PROPERTY, NOT INCLUDING HIGHWAYS, AND RECOVERY 'OF COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 VEHICLE CODE; BY AMENDING THE CITY OF COSTA MESA MUNICIPAL'CODE, ADDING THERETO ARTICLE 6 OF CHAPTER -III,• was' given first reading and passed to second reading'by''the following roll call vote: AYES: 'Councilmen.: Hammett, Jordan, Pinkley, Wilson, Raciti NOES:'. Councilmen:' None ABSENT: 'Councilmen:" None Bill Numbers "- A letter from Floyd L. Wakefield, Assemblyman, 52nd AJR 1 and SJR 12 District,.requesting Council adoption of a resolution Enforced Busing in support of -Bill Numbers AJR 1 and SJR 12, opposing Tabled forced busing, was presented. On motion by Council- man Wilson, secorided by Councilman Pinkley, and carried, the request was tabled. J. H. Snyder The Clerk presented a Tentative Map of Tract 3586, Tentative Map J'. H. Snyder 'Company, 1100 Glendon Avenue, Suite 1200, Tract 3586 Los Angeles, for permission to create a one -lot sub - Held Over division for condominium purposes at 1741 Tustin Avenue. Mr. Robert M. .Galloway, representing the applicant, spoke' •in . siipp'ort of 'the' ' application and explained that a delay would''be'detrimental'to financial funding for the propexty. '-A communication citing sections of the Municipal Code and explaining.conformation to City standards had been received'from Martin and Flandrick, 2456 Huntingtbn Drive, San'Marino, a law firm repre- senting J. H.' Snyder Company. Planning Commission recommended denial. After discussion, on motion by Mayor Hammett, seconded by Councilman Pinkley, and carried, Tentative Map of Tract 3586 was held over to the meeting of April •16, 1973, and the developer and staff directed to work together to provide sufficient information to'enable•Council to reach a decision. 1 1 1 131 M. B. Johnson The Director of Planning presented a Tentative Map Tentative Map of Tract,8241,.•M....,B. Johnson --Development Company, Tract 8241 8521:Whitaker:Avenue,.Buena Park, for permission to divide property located -=between Paularino Avenue and the.San Diego Freeway west of Ludington Street into six -lots. Mr..Bruce.Pendegraff, Daniel N. Salerno and -Associates, Architects, agreed to all conditions.. Director of. -Planning stated that Con- dii ition No:.7-should-be amended to read, "Paularino Avenue" rather than Baker Street. On.motion by Mayor Hammett, seconded by Councilman Wilson, and carried, -Tentative Map; -of Tract 8241 was approved subj_ect.to conditions and.amending Condition No_. 7 to read; "Paularino.Avenue." J. H. Snyder The Director of Planning presented a Tentative Map Tentative Map of Tract 8265, J..H..Snyder...Company, 1100 Glendon Tract 8265 Avenue,.Suite:.1200, Los Angeles, for permission to Withdrawn create a one=lo't subdivision.for condominium pur- poses at 1845 Anaheim Avenue. On motion by -- .Councilman Wilson.,'seconded by Councilman Pinkley; and.carrie_d, Tentative.Map:of Tract 8265 was, withdrawn as.1-requested by applicant. ZE-73-13 The_.Director.of Planning presented an application Pacific Telephone for -..Zone Exception;. ZE-73-13,..,.Pacific Telephone and Telegraph Company, i.n.care of .Fred Booth, Building Engineer,, Room 1311, 525 "B" Street, San Diego, for-: permission .to bui.ld,: a -_.commercial office, building on .property located, at:.2385 Newport Boulevard, in a C1-CP.zone. Mr: W: R. -,,Munster, representing the Pacific Telephone and Telegraph Company, agreed to all. conditions.The-Director of Planning stated: that.Condition.No...4 has.b.een deleted and Condition :.. No.._.19 I amended_to read..'. -'the" .proposed, fence not be -chain..link, and -to be"constructed under the direc- tion of'.the .Planning:Dep.artment." On motion by Councilman Wilson,..seconded by Councilman Raciti, and ..carried, ..the application 7was approved subject `to -conditions �as. amended. ZE-73-14 The Director of Planning presented an application Swedlund for Zone Exception ZE-73-14,.Don E..Swedlund, 585 Withdrawn..,- West.19.th Street.,..Costa-Mesa; for permission to cons.tr.uct. -a :33,3.6-2 s.q.uare foot industrial building with -a .reduction iii, .parking._requirements (125 spaces required =..102.provided);- on property located at 629 Terminal.Way,,_asn.an M1.,zone.. On motion by Council- man •Wilson,_ seconded by .Councilman Raciti, and carried,, the. application was. -withdrawn as requested . _ .by applicant. ZE-.73-,16:. The Director.:pf Planning -presented an application Jehovah's for Zone -Exception ZE-73-16,- Jehovah's Witnesses, - Witnesses, Central..-.Congregation,..1950 Church Street, Costa Mesa, Held Over for .permission -',"to build ,a: religious meeting hall in - a.residential,zone;,on-property located at 955 Paularino Avenue,..,in an RIzone. Mr. Dale Buller, 3118.YellowstoneiDrive,..Costa Mesa, representing Jehovah.'.s:Witnesses;.reques.ted this application be held over.:.to.,the.meeting of April 16, 1973. On motion b.y.Councilman Pinkley, seconded by Councilman Wilson, and -carried, this application was held over to the meeting of April. 16;: 103, to be heard after the public hearing for Abandonment_o.f Denver Drive. 2132 ZE-73-18 The, ""-Director'of Planning presented an application Don Koll Company for Zone Exception ZE-73=18;"Don Koll Company, 1901'Dove Street,' -Newport Beach, for permission'to construct a 35,000 -square foot industrial building on property located'at 3120 Airway Avenue, in an M1-CP'zone. Planning Commission recommended approval subject to conditions. Applicant agreed to all con- ditions. On'motion by Councilman Pinkley, seconded 'by Councilman Raciti,-and carried, the application was approved subject'to.conditions. Oral Mr. Joe'Donaldson; 2702'9aii`Lucas Lane, registered Communications a "com] `faint' agaii st' the-'Boy`'s Enterprises from Los Angeles,' -an organization doing business as itinerant peddlers, stating that they are working after dark, and'litte'ring the neighborhood with .trash. Mayor 'Hammett suggested Mr. Donaldson submit a signed letter to his office and' -Fie will refer the complaint . to staff 'for study.`` " College'Park Mrs.'Veronica Rhodes, 328 'Hanover Drive, read a letter Homeowners, from'the College Park -`Homeowners Association, signed Association by Mr. Henry Panian, a member of the Board of Directors, informing Council of the association's re- organization. 'Mrs. Rhodes-ifivited Council to attend the ' first meeting, and= informed them that a represen- tative will be present at each Council meeting. Grace Massello Vi.ce'Mayor Jordan recognized Mrs. Grace E. Massello, a former City employee, who has been recovering from a prolonged'illness.` Daughters of Mrs.' Jean Wheeler, Committee Chairman for the the American Daughters of the American Revolution, inquired as to Revolution" what action Council had taken regarding their request to use the Costa. -Park for an old-time picnic on -Mesa July 4, 1973,"as she'had been absent when the request was, heard earlier'in the meeting. City Manager informed Mrs. Wheeler `that the request had been held over to the'me'eting of April 16, 1973, and additional information will be required before a decision can be made. . Planning Commission The City Manager read Resolution 73-03 of the Planning Resolution 73-03 Commission prohibiting'smoking during the course of Smoking meetings conducted in the Council Chambers and Con- ference Room:' On motion by Mayor Hammett, seconded by'C'ouncilman Pinkley,'and-carried, Councilman Wilson abstaining, the' resolution was. referred to staff for study t'o be returned to 'Council after a period of one year. Invitation On motion by Councilman Rac ti, seconded by Councilman Tijuana and Baja Pinkley, Resolution 73-26, being A RESOLUTION OF THE Officials CITY COUNCIL OF THE CITY'OF COSTA MESA EXTENDING -A Resolution 73-26 CORDIAL INVITATION TO THE MAYOR OF TIJUANA, THE POLICE CHIEF AND OTHER REPRESENTATIVES FROM BAJA CALIFORNIA TO THE ANNUAL COSTA MESA -NEWPORT HARBOR LIONS CLUB, INCORPORATED,'FI'SH FRY AND PARADE ON JUNE 2, 1973, was adopted by the following roll call vote: AYES:" Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen':' None Resolution 73-26 will be delivered to the Mexican officials by a delegation composed of representatives from the Lions Club, Chamber of Commerce, and the City of Costa Mesa. 1 1 1 i33 3 Firearms Councilman.Wilson presented a proposed resolution Resolution -73-27 relating .to punishment.for felonies committed with firearms and gave a short report. On motion by Counci-lman_Wlson, seconded by Mayor Hammett, Resolution 73-27, being A RESOLUTION OF THE CITY COUNCIL OF`THE CITY OF COSTA MESA SUPPORTING ASSEMBLY BILL NO. 95 OF THE 1973-74 REGULAR SESSION OF THE CALIFORNIA LEGISLATURE, RELATING _ TO THE PUNISHMENT -FOR FELONIES COMMITTED WITH FIREARMS, AND GIVING:REASONS THEREFOR, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Costa Mesa Councilman Pinkley stated that the Costa Mesa Redevelopment Redevelopment Agency should meet as soon as possible Agency in order to meet deadlines for the tax freeze. City Attorney informed .Council that the business to be taken up at the next meeting should include: execu- tion of the Wilsey,and Ham agreement; compensation for -agency members; a- request- to the City for an advance of administrative funds. The supporting budget to accompany the request for funds may not be available at that time, but a resolution could be ' prepared. On motion by Councilman Pinkley, seconded by Councilman Raciti; and carried, the Costa Mesa Redevelopment Agency was. scheduled to meet on April 9, 1973,. at 7:30 p.m. Adjournment The Vice Mayor adjourned the meeting.at 8:40 p.m. to a Personnel- Session in the fifth floor conference Planning room. Council asked fox.applicants for Planning Commission Commission by April 19.;.1973, with.t'he intention of conducting Applicants interviews on.April 30, 1973. Adjournment- The Personnel Session adjourned at 9:20 p.m. r Mayor o the City of Costa Mesa ATTEST: City Clerk of ,the City .of Costa - esa,-