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HomeMy WebLinkAbout02/04/1974 - City Council380 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 4, 1974 The City Council of"the City of Costa Mesa, California, met in regular-session.at-6;30 p.m., February 4, 1974, 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 Joseph F. Jeffreys, Seventh Day Adventist Church. Roll Call Councilmen Present:_ Hammett, Jordan, Pinkley, Wilson, Raciti Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Services/City Engineer, Director of Planning, City,Clerk,. Advance Planning Chief Minutes The Mayor declared the Minutes -of the regular meeting January 21, 1974 of January 21, 1974, approved as distributed and posted as there were no corrections. Presentation Councilman Jordan introduced Jim,Carson, Director of Veterans Affairs at Orange Coast College, who addressed Veterans Affairs the Council regarding the problems encountered by veterans attending OCC in -obtaining -their educational benefit checks -from the government. Mr. Carson requested permission.to hold a variety show/radiothon at Orange Coast College Auditorium on Sunday, February 10, 1974, in an effort to raise funds. to. establish a loan fund as a means of assistance to the veterans. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, this request was approved with Section 6914J of the Municipal Code waived..'- aived..'-Estancia EstanciaHigh Councilman Pinkley introduced Katy Mohler, who.announced School - Dance plans for a dance marathon.at Estancia High School on Marathon February 8, .1974, commencing at 11:00 p.m. Spectators will be welcome fora 25 -cent admission charge. Orange County Councilman Wilson.presented a Resolution in support of Airport the Orange County Airport facility. On motion by Councilman Wilson, seconded by Councilman Pinkley, Resolution 74-2 Resolution 74-2, being A RESOLUTION OF THE'CITY COUNCIL OF THE CITY OF.COSTA MESA, CALIFORNIA, RECOGNIZING THE ORANGE COUNTY AIRPORT.AS A REGIONAL SHORT HAUL F.ACILIT'Y, was adopted by the following -roll call vote: AYES: -Councilmen: Hammett, Jordan, Pinkley, ` Wilson, Raciti ' NOES: Councilmen: None ABSENT: Councilmen: None Appointments - On motion by Councilman Raci.ti,.seconded by Councilman West Side Task Jordan, and -carried, the following appointments were Force made to the West Side Task Force: Shirley Werner, David Salcido, Al Gaudenti, Ken Niles, Harry Johnson, Archy Mann, and Wallace Phillips. Sign Ordinance' On motion by Councilman Wilson, seconded by Councilman Raciti; and carried, the public hearing on the proposed Sign Ordinance was rescheduled to be the last item heard on the Agenda. 1 1 1 Ordinances On motion by Councilman Jordan, seconded by. Councilman, Permit No. 633 Wilson, and.carried, all ordinances will be read by McClellan title only. Tentative Map The Director of Planning presented from the meeting of Tract No. 8390 January 7, 1974, Tentative Map of Tract No. 8390, Alliance Developers, 6471 Westminster Avenue, Westminster, Alliance Developers for permission to combine two lots into one, to create a Ordinance 74-8 one=lot subdivision for condominium purpose, located Adopted between Tustin Avenue and Monaco Terrace, and northerly of Santa Isabel Avenue. Mike Doyle, AAlliance Developers, addressed the Council regarding the application, and indicated that,a.deeded.one-foot strip of land exists. across Riviera Drive, -which is the property of the owners of Newport Riviera, and stated that in his opinion, the 164 -owners would have to approve the right of access should this.street remain open.. Glen Busby spoke regarding.the.one-foot strip, and said that it was his impression -that -this had not been dedicated to the City. Edward Wallin, Kindell and Anderson, Santa Ana, representing the applicants, spoke in support of their request. William Anderson, who identified himself as the attorney representing the.residents of Newport Riviera, expressed his opinion that this matter should be delayed until the legal rights of the parties involved have been established, unless.ths developer would wish to dedicate the entire length of Riviera Drive. Robert Lewin, Rutan and Tucker, representing.Costa Mesa County Water District, spoke regarding.the-.proximity.of the proposed development to the water lines. Glen Busby spoke again with respect to placement'of water lines on -Lots A, B, and C. Edward Wallin -assured the Council that Alliance Developers would place any water and sewer lines in the proper place with regard to maintenance.access. After discussion, on motion by Councilman Wilson, seconded by Councilman, Jordan, and carried,..Tentative Map of ,Tract No. 8390 was approved subject.to the original conditions, dated September,6, 1973, and the additional condition, dated February 4, 19-74. ZE-73-50 On motion by Councilman Jordan, seconded by Councilman Alliance Developers Wilson, and..carried, application for Zone Exception ZE-73-50, Alliance -Developers, 6471 Westminster Avenue, Referred to Westminster, for permission:to construct a,26 -unit con - Planning dominium in an-R21zone, located at 2423-51 Tustin Avenue, Department was,referred back to the Planning Department, to allow the developer.to redesign plans. Building Moving On motion by Councilman Pinkley, seconded by Councilman Permit No. 633 Jordan, and.car•ried-, Building Moving Permit No. 633, R. McClellan W. McClellan, 1700 Superior Avenue, Costa Mesa, for permission to move:a one-story office building from 3220 Continued. South Fairview Street,. Santa Ana, to 1700 Superior Avenue, in an M1 zone:, was continued at the request of the appli- cant to the meeting of.February 19, 1974. Ordinance 74-8 On motion.by Councilman Wilson, seconded by Councilman Adopted Pinkley, Ordinance 74-8, being AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF ORANGE -COUNTY ASSESSOR PARCEL NUMBER 141-595-25--FROM_.Rl TOI AND. -R -S; was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES:- Councilmen: None ABSENT: Councilmen: None Ordinance 74-9 On motion by Councilman Pinkley, seconded by Councilman Adopted Wilson, Ordinance_.74=9, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA,MESA, CALIFORNIA, CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBER 141-5.82-01 FROM R1 TO I AND R -S, was adopted by the following roll call vote: AYES.: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None Ordinance 74-10 ABSENT: Councilmen: None On motion by Councilman-Raciti, seconded by Councilman. Adopted Jordan, Ordinance 74-10, being -.-AN ORDINANCE OF THE„CITY COUNCIL OF THE CITY_OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBER 1417453-17 FROM R1 TO L AND R -S, was adopted by the following roll.call vote: AYES: Councilmen:. Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Ordinance.74-11 On -motion by Councilman Jordan, seconded by Councilman Adopted Wilson; Ordinance -,'74-11, being.AN ORDINANCE OF THE CITY COUNCIL OF THE CITY'OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF -ORANGE COUNTY ASSESSOR PARCEL NUMBER 119-183-21 FROM'R1 TO .I AMD'R-S, was adopted by the following roll call vote: AYES: Councilmen:, Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 74-12 On motion by Councilman.Pinkley, seconded by Councilman Adopted Wilson, Ordinance 74-12,, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF ORANGE.COUNTY ASSESSOR PARCEL NUMBER 119-091-12 FROM R1'TO I AND R -S, was adopted by the . following roll -call vote: AYES: Councilmen:. Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen-: . None Ordinance 74-13 On motion by Councilman Wilson, seconded by Councilman Adopted Raciti, Ordinance 74-13, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY'OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF -ORANGE COUNTY ASSESSOR PARCEL NUMBER 115-330-61 FROM R2 TO I AND.R-S, was adopted by the following roll call -vote: AYES: 'Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 74-14 On motion by Councilman Wilson, seconded by Councilman Adopted Jordan, Ordinance 74-14,. being AN ORDINANCE OF THE CITY COUNCIL OF THE.CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBER 115-562-13 FROM Rl TO I AND R -S, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson,-Raciti NOES: Councilmen: None _ ABSENT: Councilmen: None Ordinance 74-15.. On motion by. Councilman Wilson, seconded by Councilman Adopted Pinkley, Ordinance 74-15, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING 1 Ordinance 74-16 Adopted Ordinance 74-17 THE ZONING OF:'ORANGE COUNTY ASSESSOR PARCEL NUMBERS 115-662=06; 115=662_07`;.115=415-01; AND 115-415-02 FROM MI AND: -R2 TO I AND R -S,, was adopted -by the following rollcallvote:'- AYES: 'Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None On- mo'tion.by.Councilman Wilson, seconded by Councilman, Pinkley, Ordinance 74-16, being AN ORDINANCE OF.THE CITY -- COUNCIL OF'THE CITY OF COSTA'MESA, CALIFORNIA, CHANGING THE' -'ZONING OF'ORANGE COUNTY ASSESSOR PARCEL NUMBER 115=345-56, FROM R2.'T0. I AND R=S; was adopted by the -following roll.call vote: AYES:. Councilmen: Hammett, Jordan, Pinkley, T`T _ 1 NOES" Councilmen: None ABSENT: Councilmen:- None On motion by..Councilman..P-inkley, seconded by Councilman Wilson, Ordinance 74 -17, -being AN ORDINANCE OF THE CITY. COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,•CHANGING THE ZONING OF. -ORANGE COUNTY ASSESSOR PARCEL NUMBER 117-322-11 FROM R1 TO:I AND R -S, was adopted by the following -roll --call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES:..Councilmen:, None ABSENT: Councilmen: .None Ordinance 74-18 On motion by Counc.ilmain.Pinkley,..seconded by Councilman Adopted Jordan, Ordinance 74.-18, being AN ORDINANCE OF THE CITY - COUNCIL-O.F THE .CITY OF -.COSTA MESA, CALIFORNIA, CHANGING THE ZONING'OF..ORANGE COUNTY.ASSESSOR PARCEL NUMBERS -- 118 181 13; UMBERS118=181=13; AND -118=223-01 FROM R2 TO I AND R -S, was adopted-`-by-the following roll call vote: --AYES:- Councilmen• Hammett Jordan Pinkle Local.Agency Formation Commission Wilson, Raciti NOTES Councilmen: None ABSENT: ..Councilmen: _•None CONSENT.CALENDAR:..:The.following Consent Calendar -items were removed from the .Consent Calendar: Item 1, a resoluton:-from the:Orange County Board of Supervisors regarding the, Corona del Mar. Freeway; Item 2, a resolu= tion from the -Greater Irvine Industrial League regarding the Corona del Mar Freeway; Item 7, a business license. licensee.application'.fr.om..Robert Raciti; Item 10, a _business license applica.i on.from William Hooks; Item 12,`a Notice.of 'Intention to Solicit for Charitable Purpose.from,Mission Dental Health Plan; and Item 23, a Budget Request -.from- the Costa Mesa Bicentennial Committee. On - mo ion.!by--.Councilman.. Wilson., seconded by Councilman Jordan; the:remaining Consent Calendar items were approved in'on'e'moti'on by the following roll call vote: AYES:-..'Co:uicilmen: .Hammett, Jordan, Pinkley, Wilson, Raciti NOES C"ouncil.men: None ABSENT Councilmen:: None A communi.ca.tion .from .the Local Agency Formation Commission,:.responding.'to'the Costa Mesa City Council's request of January 7,-1974, advising that a public hearing .will be. sched.uled'for'March 13, 1974, concerning the status of..the s:ph*gre.,of'influence for the Marine Corps Air Station (Helicopter), was received and processed. 3 Greenbelt Recommendations from the Santa Ana River and Santiago Commission Creek Greenbelt Commission on development densities adjacent -to the Greenbelt, defined as that land lying 1-1/2 miles either side of the Santa Ana River and the Santiago Creek, were received and processed. Reading -Folder The following Reading Folder items, in Consent Calendar, Commission were received and processed: Bethel Towers A letter from the Administrator of Bethel Towers, Rules of Procedure Costa Mesa, thanking the City for installing ramps setting of hearings and notice of hearings. at the inters.ection'of 19th Street and Pomona (b) .An Order of Dismissal in which the application Telephone Directory Avenue`, which has been of great assistance to their Split elderly tenants-. San Onofre A resolution from the City of Seal Beach, urging Nuclear Station the California Coastal Zone Commission to grant Energy .and Fuel the request of.the Southern California Edison Requirements Company for further.development of the San Onofre Nuclear Generation Station. The Costa Mesa City Council adopted similar Resolution No. 73-142 on December 17', 1973. Ballot Measures A resolution from the City of Villa Park request- Influence ing,the League of California Cities to refrain from taking a position on ballot measures of statewide interest prior to a vote of all member cities. The Costa Mesa City Council adopted similar Resolution No. 73=146 on December 17, 1973. Orange County A resolution from the City.of.San Juan Capistrano Health Council acknowledging with appreciation, the prompt response of the Orange County Health Planning Council in regard to "consumer" and "provider" categories. Speed Limits A resolution from the City of .Irvine directing their staff to take necessary measures to assure compliance with any Federal or State mandated speed limits'within.the City of Irvine. Ontario Resolutions from..the..Ci.ty_of Yorba Linda: International (a) A resolution supporting the improvements and Airport orderly growth of the Ontario International Airport. Transportation (b) A resolution supporting a comprehensive Study regional transportation study for Orange County: Public Utilities The following.communications were received from the Commission Public Utilities `Commission: '(a) A resolution amending Rules 51 and 52 of the Rules of Procedure Commission's Rules of Procedure, concerning setting of hearings and notice of hearings. Orange County'' (b) .An Order of Dismissal in which the application Telephone Directory of the Pacific Telephone and Telegraph Company, Split for authority to split the present Orange County Telephone Directory, was dismissed at the requestof-the applicant. Energy .and Fuel (c) Third Interim Order concerning investigation Requirements on the Commission's own motion into the adequacy and reliability of the energy and fuel requirements and supply of the electric public utilities in the State of California. Spheres of A communication from the Local Agency Formation Influence Commission, advising the City of,the procedures which will be taken by the Commission on any hearings that involve spheres of influence for cities and special districts. 1 Alcoholic Beverage Alcoholic Beverage License applications, for which Licenses 'the Director of'Planning has lodged an official ... Society protest from: (a) James L. Harper, 120 Industrial Way, Costa Boulevard-, Tustin; by' neighborhood.solicitation, Mesa; on'the basis that insufficient park- ing.. facilities' are available at 177 East 17th Street. Section -6914J of the'Municipal Code waived. '(b) American Recreation Centers, Incorporated, -'- Set for Public until such time as building plans are - submitted to the.Planning Department, for February 19, 1974, -at -6:30 p.m.; in the Council Four Seasons .Bowl, 3301 Bear Street. Alcoholic beverage License applications, for which parking has-been approved by Planning from: Rezone Petition R-74-02, Ivan Johannesson, in care Terrence,B- Deems, doing business as Sassy Lassy, Johannesson 2901 -Harbor Boulevard.;. -Lawrence D. Scanlon, doing business as'Quits Pub..,;1562 Newport Boulevard, for'permission to'rezone property located at 1921 Store C and D;- Timothy M. Sweetland, doing business as Little Bavaria, 2052 Newport Boulevard; Dorothy and Ralph J. Miller, doing business as The Reef, End - 820 Wes.t.19th Street; and La Posada Mexican Res - Reading Folder taurant, 2200'Harbor Boulevard, Building B, Unit 1. Business. A business license application from Sheryl Chamberlin, Licenses Europex Auction Gallery, 16837 Chatsworth Street, R-7.4-04 Granada -Hills, for a two-day auction of art works, Europex Auction February'17 and 24, 1974, at the Holiday Inn, 3131 Chamberlin Bristol Street; was approved. Roy Strutt Men's A business license application from Roy Strutt Men's Shop Shop, 270 East 17th Street, for a close out sale, Corona del Mar Freeway -.right of way.;.south of the San February 5•-throtigh March 15, 1974, at that address, was approved.: Don Adam's A business'license application from Don Adam's Productions Productions, 15570 Tustin Village Way, Number 46, Tus-tin, 'to- hold -a benefit dance at Orange County Fairgrounds, from -8:00 -p.m. to 1:00 a.m., March 30, 1974, all proceeds. donated to the City of Hope, was approved. American Cancer A Notice of Intention to. Solicit.for Charitable Society Purpose from.American.-Cancer. Society, 18356 Irvine Boulevard-, Tustin; by' neighborhood.solicitation, April 1 through June 1, 1-974, was approved with Section -6914J of the'Municipal Code waived. Set for Public -The following_ itemswere set for Public Hearing Hearing February 19, 1974, -at -6:30 p.m.; in the Council Chambers; 77'Fair Drive, Costa Mesa: R-74-02 Rezone Petition R-74-02, Ivan Johannesson, in care Johannesson of Mullan Realty, 3400 Irvine Avenue, Newport Beach, for'permission to'rezone property located at 1921 Anaheim Avenue,'from R2 and Cl to R4. R-74-03, Rezone Petition R-74-03, Blake J. Paisley, 167 Paisley Magnolia Street, Costa Mesa, for permission to rezone property located -:at. 189.3- Orange Avenue, from R2 to R4. R-7.4-04 Rezone Petition..R-74=04:, Costa Mesa Planning Commission, Costa Mesa_ 77 Fair Drive, Costa Mesa., for permission to rezone Planning property locate'd'in the general area north of the Commission Corona del Mar Freeway -.right of way.;.south of the San Diego''.Freeway,'east of. the Newport Freeway; and west of the Orange County Airport, from Ml and Ml -CP to MP, Industrial Park. R-74-05 Rezone Petition -.R--74-05, Costa Mesa Planning. Commission, Costa Mesa 77 Fair Drive,.Costa Mesa,:for permission to rezone Planning property located.in•the.general area north of the San Commission Diego Freeway; south. -of the City limits; east of the Santa Ana River -;.and -west of Fairview Road, from Ml ML -CP, -and C2 to,MP., Industrial Park. R-74-06- Rezone -Petition R-74-06, Costa Mesa Planning Commission, Costa Mesa 77 Fair Drive „ Costa Mesa, for permission to rezone Planning property located.at 3180 Airway Avenue, from C1 -CP to Commission MP', Industrial Park., Refunds A refund of $7.50 art class fee, to Gloria C. del del Valle Valle, 2413 Richmond Way, Costa Mesa, was approved as the •c7 ass was cancelled, by the following roll call voter AYES: -Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: •Councilmen: None Clock A refund.of $1,000..00 Construction Bond, from Clock Construction Construction Company, Post Office Box 15107, Santa Ana,• was•approved as recommended by the Director of Building -Safety, as specifications have been met at 3095 Red Hill.Avenue,-by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT:- Councilmen: None Williams A refund of -$25.00 -tree planting deposit, from Mr. W. V. Williams, 277 Sierks.Street, Costa Mesa, (total deposit was $50.00), was approved as recom- mended by the Park•Superintendent, as there was. space for only one.tree.after-construction was completed; by the following roll call vote: AYES,: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen:.,. None ABSENT: Councilmen: None Me-N-Ed'sPizza A refund of $200..00.cash deposit, from Me -N -Ed's Parlor Pizza;Parlor, 410 East 17th Street, Costa Mesa, was approved as recommended•by the Planning Department, as conditions have been.completed on Parcel Map S-72-28, by the following roll call vote: ,AYES:. Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Right.of Way The following.Righ.t.of_Way Deeds were accepted -and Deeds ordered placed on record with.the Orange County Recorder -by the following roll.call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT Councilmen: None DEED- NAME FOR STREET 2214 The Presbytery of Los Fairview Road Angeles, -2285- Clare Builders, Incorporated Albert Place 2286 Haro.ld.E.: and,Jewel E. Albert Place Manning, 2306 Harrington Development Palisades Road 2309 Schaefer Ambulance Service Wells Street L, 1 387, Right of. Way The Mayor and Clerk were authorized to sign a Right of Agreement Way Agreement in connection.with Deed No. 2214, by Deed No. 2214 the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None •.ABSENT: Councilmen: None Notice of Completion The work has been.completed by Grissom and Johnson_, Incorporated,,,Post Office. Box 10940, Santa Ana, to the Traffic Signals satisfaction of the Director of Public Services, for and Safety Lighting the Installation of Traffic -Signals and Safety Lighting Baker and.Bear at Baker and Bear.St.reets. On motion by Councilman Streets Wilson, seconded by,Councilman Jordan, the work was accepted,,the"Clerk was authorized to file a Notice of Completion, and the Bonds were ordered exonerated January. ll, 19,75, by the following roll call vote: AYES: ,Councilmen.: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen:.. None Change Order No.'l Change.Order.No. 1.f:or the Construction of Street and Placentia Avenue Storm Drain Improvements on Placentia Avenue, from Improvements. 300 feet_south.of the City:Limits to 19th Street; AHFP Project No.,.665, Gas Tax No. '73, was requested because it became desirable to install traffic signal control.lers..compatible with a different.system under.separate.contract... 'On motion by Councilman Wilson, seconded..by Councilman Jordan, Change Order No. 1, for .a total cre.dit.to_the City of $32,676.00, was.approved.by .the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: .Councilmen:.. None .Set.for.Public. Formulation of Underground Utility District No. 6, Hearing Harbor Boulevard from Adams Avenue to Baker Street, Underground Utility was -set for -Public Hearing February 19, 1974, at District No. 6 6:30.p.m.,.in.the-Council.Chambers, 77 Fair Drive, Costa Mesa. Corona del Mar Items.l -and 2 on the -Consent Calendar, being Freeway respectively,...Resolution..74-110.from the Orange County Board of Supervisors supporting the expeditious com- pletion of the -Corona del Mar Freeway; and urging the Highway,Commission and the.Governor to take the necessary -steps to.complete this project at the earliest possible date.;. and -.a -resolution from the Greater Irvine Industrial -League urging -emergency action to reinstate. the bidding .for, the..Co.rona, del Mar Freeway, to alleviate the severe..traffic..conditions •and safety problems which presently exis•t., were presented together inasmuch as they deal with -the same.subject. Ori motion by Mayor Hammett,•.aeconded.by Councilman Jordan, and carried, approval• .was- given . for,'Mayor_. Hammett and Councilman . Pinkley to appear before the Transportation Committee on..February.20, 19.74.,.in.Sacramento, to discuss this matter. Business Licenses Item 7 on the Consent.Calendar, a business license Raciti application from RobertRac.i.ti., Costa Mesa Jewelry and Loan, 1.838 Newport Boulevard, -Costa Mesa, for a two- day-auction.of jewel.ry. and generate merchandise, February 8.and.9,,l974_,,at that..address, was approved by.:the..following roll .call vote: 3S AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson NOES: Councilmen:- None ABSENT: Councilmen: None ABSTAINING: Councilmen: Raciti William Hooks - Item 10 on the Consent Calendar, a business license Boys' Enterprises application from William -Hooks, Boys' Enterprises, Post Office Box 43182 La Tijera Station, Los Angeles, for candy sales at various times throughout the year, was presented. Mr. Hooks was present and addressed the Council regarding his application. On motion by Councilman Wilson,.�seconded by Councilman Jordan, and carried, the application was approved subject to the condition that a list -of solicitors be submitted 24 hours prior to'solicitation. Mission Dental On motion by Councilman Wilson,,seconded by Councilman. Health Plan Jordan,.and.carried, Item 12 on the Consent Calendar, a Notice of'Intention to Solicit for'Charitable Purpose.from Mission'Dental Health Plan, 5995 Mission Gorge Road, San Diego, by direct solicitation through staff personnel to companies, groups, and licensed insurance agents, was removed from the Agenda. Bicentennial Item 23 on the Consent Calendar, a Budget Request from Committee Budget the Costa Mesa Bicentennial Committee, was presented in the -total amount of $5,275.00, $3,000.00 of which is - Budget Adjustment' expected to be recovered by ticket sales for the Fourth No. 91 of July, celebration. Don'Bull, representing the Bicen-- tennial Committee; was present and answered questions concerning the.proposed budget. After discussion, on motion by Councilman Wilson, seconded by Councilman Jordan, the budget -was approved in the amount of - $5,275.00, with the understanding that certain expen- ditures be discussed with the Council, and with the understanding that all.unused funds be credited back to City, by the following roll call vote: -the AYES: Councilmen:- Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: -None Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 815 Raciti; Warrant'Resolution 815, including Payroll 7402, 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 Councilman Jordan, seconded by Councilman Resolution 816 Pinkley, Warrant Resolution 816 was approved by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, _ Wilson, Raciti NOES: Councilmen: None ABSENT: "Councilmen: -None Claim - Roberts The City Attorney presented the claim of Dorothy L. Roberts, and recommended that it be denied as there was no negligence on the part of the City. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the claim was denied. Claim - Avitia The City At presented the claim of Sharon Avitia, and recommended that it be denied as there was no liability on the part of the City. On motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, the claim was denied. :6' Personnel Rules The City Manager presented proposed changes, of. and Regulations personnel.rules and regulations, and stated that a request had been.made,by-the Orange County Continued Employees' Association for a delay of two weeks. On motionr'by Councilman Wilson,.seconded by Councilman Pinkley-, and carried, the request for continuation to the..mee.ting of February 19, 1974, was approved with the understanding that the Orange County. Employees' Association contact the Personnel Department to .set up the Meet and Consult.Sessio.n. Dave Ross The -City Manager.presented.a request from Dave Ross Pontiac - Pontiac to hold -la new and used car auction at the Auction Orange County Fairgrounds on -.February 14, and/or February 21, 1974., Mr. _.Dave -Ross was present and Denied addressed the Council regarding his request. After discussion, on motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, Councilman Jordan _ voting no, the request was denied. Councilman Jordan _Councilman Jordan announced that he will be abstain - Leaves ing.on the next item and left the meeting at 7:55 p.m. Public Hearing The Clerk announced that 'this was the time and place R-73-15 set for the public hearing, continued from the meeting Jerw_el Enterprises of January 21, 19,74,.. for Rezone Petition R-73-15,-. . Jerwel-Enterprisesi:Post:.Office.Box 1104, Santa Ana, Denied for.permission.to rezone property located at 782 Presidio Drive,:and.2:709:.and_2729 Bristol Street, from Rl to Cl=CP•. -A letter has.been.received from Mar- guerite Phirrmann9,.-.2742 Portola Drive, Costa Mesa, in opposition to':the-rezone:._ Roger Howell, Rutan and Tucker:,- representing_.the:applicant, was present and spoke._in-support. of: the: petition. Jerry Klein, a partner in the:.`firm� of .Jerwel Enterprises, spoke in support of the petition, and offered for the record, a copy of .the.Covenants,:.Conditions, and Restrictions pertaining to..Tract No..3749, in which the subject property lies: -Dr. John:Hilliard, 1511 Clearview Lane,. Tustin, with thesfirm.of Bio -Acoustical Engi- veering.Corporation�, retained by,the applicant, spoke on the subject.of.noise.levels; since this was an area of concern.to.the surrounding property owners, with -the -,proposed development being a restaurant. Joe Balough; 2734 San:Lucas.Lane-,.-Costa Mesa; Pete Viotto, ..10,68 Salvador Street, Costa Mesa; and Tom Willett, 2726 San Lucas Lane, Costa -Mesa, spoke in opposition - to: the proposed. rezone:;. Mrs. _Betty Vrebalovich, 2737 San Lucas Lane, Costa:Mesa.i spoke in opposition to the rezone and offered a.suggestion that, as an alternative, this ,propertyibe rezoned . to AP,; "..to. promote a more com- patible use.'_.Jerr,y Klein -spoke again on the matter of noise, and submitted.'.f.or..the record, a signed statement from,.Phillip.:S:,;:and. Frankie Loveridge, resident managers_-of:the.Greenbrier.Apartments, located at 1608 North..Parton-:Street,. Santa<.:Ana.,: This apartment complex- lies,•:directly.; south.of .a�Spines restaurant. The state- ment indicated:that.no:_complaints had been received from.the_-.tenants.,-;of:.Greenbrier:with respect to noise, dis.turbances�,: odors., ;ligh.ts, . etc. as a result of the proximity of --this .res:taurant:.;:There being no other speakers; -..they Mayor:'closed the public hearing. After discussion, on motion -by. -Mayor Hammett, seconded by Councilinan--Pinkley',;and carried, Councilman Jordan abstaining, .the- petition -.was denied. Councilman Jordan Councilman `Jordan returned:to::the meeting at Returns 8.:50,p.m,; _.. :c{.:... Public Hearing The Clerk announced that this was the time and place R-74-01 set for the public hearing for Rezone Petition R-74-01., Costa Mesa- Costa Mesa Planning Commission, 77 Fair Drive, Costa Planning Mesa, for permission,to rezone property located at Commission 1919 Wallace Avenue'.—from R4 -CP to R3 -CP. The affidavit of publication is on file in the Clerk's office. No Denied communications have been -received. Tom Rochelle, 22092 Capistrano Lane, Huntington Beach, owner of the subject property, asked that ZE-74-01 and ZE-74-02 be considered along with this item. Mr.. Rochelle requested that.in light of the two Zone Exception applications, the Planning Commission petition be denied and the property remain in -the current R4 -CP zone. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion'by-Councilman Wilson, seconded by Councilman Jordan', and carried, the petition was denied. ZE-74-01 Application for Zone Exception ZE-74-01, Thomas W. Rochelle Rochelle, 22092 Capistrano Lane, Huntington Beach, for permission to construct 30 apartment units to meet CP standards, in an R4 -CP zone, located at 1939 Wallace Avenue, was presented. :The -applicant was present and agreed to all conditions. On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the application was approved subject to conditions as recommended by the Planning Commission. ZE-74-02 Application for Zone. -Exception ZE-74-02, Thomas W. Rochelle Rochelle, 2209.2 Capistrano Lane, Huntington Beach, for permission to construct 21 apartment units to meet CP standards', in an R3 -CP and R4 -CP zone, located at 1919 Wallace -Avenue, was presented. The applicant was present.and agreed to all conditions. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was approved subject to con- ditions as recommended by the'Planning Commission. Sign Ordinance On -motion by Councilman -Jordan, seconded by Mayor Hammett, and carried, Councilmen Raciti and Pinkley voting no-, the previous motion to consider the Sign Ordinance as the last item on the Agenda, was rescinded, and the public hearing returned to its original sequence on the Agenda. Recess The Mayor declared a recess at 9:00 p.m. and the meeting reconvened at 9:05 p.m. Public Hearing The Mayor announced that this was the time and place Sign Ordinance set for the public hearing -to consider adoption of a comprehensive sign code,and to repeal Article 5 (Sections 8550=8558) of the Costa Mesa Municipal Code. The affidavit of publication is on file in the Clerk's office. Two letters.have been received from Ann and Mike Mound, 3128 Country.Club Drive, Costa Mesa, in favor of the proposed ordinance, and requesting the Council to eliminate billboards also. Communications have been received.'from Marilyn Voyer, 3353 Alabama Circle; Costa Mesa; Janice J. Whitehill, 847 Sonora Road, Costa Mesa; Emily•Pearson, 1766 Bahama Place, Costa Mesa; Louise Napoli, '2974 Ceylon Drive, Costa Mesa; Robert J. Brytan; 220 Wake Forest Road, Costa Mesa; Mr. and Mrs. Don Voyer, 3353 Alabama Circle, Costa Mesa; Mrs. Roberta Schmidt, 1805 East Balboa Boulevard, -Balboa;. Norma•'Breough; and Marion H. Isaacs, 3110 Country Club Drive, Costa Mesa, all in favor of the proposed ordinance. Letters have been received from Arden H. Burke, Community Representative, Sign Users Council of California; and Dale Secord and Lorell Long of the Environmental Coalition of Orange 1 1 County, Incorporated, both-in support of the proposed ordinance., and recommending modifications. A letter -has been received containing 14 signatures of Costa Mesa-residents,.all:.in, favor of"the proposed ordinance. A petition has been received containing 107 signatures, also in support of the proposed ordinance. A letter has,been.'received from Earl V..Nellesen, Earl's Plumbing,. Incorporated,.1533 West Lincoln Avenue, Anaheim, in opposition to the proposed ordinance. The May or.announced that at, this time he would entertain general c'omments:regarding the Sign Ordinance. Don E. Smallwood, 366 San=Miguel Drive, Newport Beach; home address, 119.81 Cornell-Drive-.9-Costa Mesa, representing the following Costa Mesa businesses: Theodore Robins Ford,; Johnson,and..Son Lincoln Mercury, Costa Mesa Datsun, Dave Ross-Pontiac, Bauer Buick, Nabers Cadillac, Connell Chevrolet; Miracle Mazda, Atlas Chrysler, University Olds, Kerm Rima Hardware, Hollister's Nur- sery; Baker Plywood, Don Quixote Motel, Save Most Liquor Stores.,,Baltz-Bergeron, Funeral Home, Grant Boys;, J. C. Penney, Miller,Tire, D. J. Sports Car Center,,.-Dave'sCamera Exchange; Bel Congo Motel, Steam Master Carpet Cleaners_, Dean Lewis Toyota, Cal's Camera, Davis-Brown.,,.Franc.is Mirrors, Rancho Market, and,Bank.of Costa Mesa; addressed himself generally to the sign ordinance and,stated-that his clients are not .opposed-to-the ordinance;:,but- are in favor of a fair and:equitable,sign ordinance-.-Marilyn Voyer, 3353 Alabama Circle,'r.epresenting the-Costa Mesa Junior Women's Club, urged the passage of this ordinance with- out ;delay. Eugene Bergeron, 2885 Europa Drive, Costa. Mesa," representing:-the Costa Mesa Chamber of Commerce, commented that insufficient,time_ was given to study the amendments to-the Sign Ordinance and stated that the Chamber:.had-no,.official statement to make at this time. Arden• H. Burke;,.Community Representative,-Sign Users Council,,,311 North Normandy.-Avenue, Los Angeles, addressed. the Council-regarding the modifications sub- mitted by the SignUsers.Council, and recommended that the Sign Ordinance be tabled until further study has been made. Louise,Napoli, 2974.Ceylon Drive, repre- senting.the.Goals and Objectives Committee; George Hoos,,2040•Monrovia Avenue,,.representing Mesa West Homeowners Association; Pete Viotto, 1068 South Salvador Street, representing Mesa--Del Mar Homeowners Association; Bill Adams;.representing,a group of residents from Mesa Verde;-Vernon K.-.,Taylori,1889 Parkview Circle, repre- senting Oc,eanview:,Park-Homeowners Association; Jack Hall„ a resident.of Mesa Verde, representing the Mesa Verde Homeowners Association; ..Verlyn Marth, 3197 Cape Verde Place; Mike'Manoske, 2854.Serang Place, spoke in.,support of the proposed ,Sign-Ordinance. Lorin Norton2,,3321 West,Castor.Street., Santa Ana; Bill Hahn, a, Costa Mesa businessman;;-and Myrl Kavanaugh, 140 West,-Valley-Boulevard-3, San Gabriel, representing Edwards' Theatre�s;;voiced,objections to the proposed Sign Ordinance.; At '.th'is, pointy, .the Mayor ,announced that the Council woul'd.:go..through,,the ,Sign,,Ordinance Document, page by page,, and invited members.of the audience to address the,,Council- on.- any; item therein. Comments and recom- mendations on•:..various sections-�of this document were offered by.the,.following.per.sons: Lorin Norton, Eugene Bergeron,.:Verlyn Marthy-.Don..Smallwood, Dale Secord; and Robert.-Van Nostrand.:;.Aft.er_considerable discussion, the. Mayor announced.that,.an.adj:ourned meeting would be held, and, the...public hear.ing..on- this - item was continued to 6-:30.p.,,m:,,,..on.February,5,,.1974,:.at Maude B. Davis Middle School,-Multi-purpose Room, 1080 Arlington Drive, Costa Mesa. 392 Recess The -Mayor declared a recess at 9:50 p.m. and the meeting reconvened at 9:55 p:m.- Transportation The Clerk presented a resolution from the City of Garden Planning Agency Grove- '-recommending that cities and counties be retained Authority as'the''Transportation Planning Agency Authority to select urban routes"and"to-distribute`urban funds. On motion by Councilman Wilson, seconded by Councilman Jordan, Resolution 74-3 Resolution 74-3,"being'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'�COSTA'MESA, CALIFORNIA, RECOMMENDING THAT CITIES AND COUNTIES BE RETAINED'AS THE TRANSPORTATION PLANNING AGENCY AUTHORITY`,TO SELECT URBAN ROUTES AND TO DISTRIBUTE URBAN'FUNDS', was adopted by the following. roll call -vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilgon, Raciti NOES:- ` Councilmen: None' ' -ABSENT:' Councilmen': "-None ' General Municipal The Clerk presented a"resolution-ordering the canvass Election of the General Municipal Election, to be held on March 5, 1974,'to be made- by.. the`d ity Clerk of the City of Costa Resolution 74-4 Mesa. On"motion by Councilman Pinkley, seconded by Councilman' Wilson 'Resolution 74-4, being A RESOLUTION OF THE"CITY COUNCIL -OF THE.CITY OF COSTA MESA, CALIFORNIA, ORDERING:THE CANVASS OF THE'GENERAL MUNICIPAL ELECTION TO BE HELD ON THE'FIFTH-DAY'OF MARCH, 1974, TO BE MADE BY THE CITY CLERK 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 ZE-74-04 The Director 'of Planning presented an application --for National Advertising Zone Exception ZE-74=04, National Advertising Company,. 1661'Indu.strial'Road, San Carlos, for permission to Continued replace existing. 'single=faced sign (5 by 15 feet) with a double-faced sign-(14'°by 48'feet each face) at 2956 Bristol 'Street,' 'in"an'12 and .Ml .;zone. On motion by Councilman'Pinkley.,,seeorided by Councilman Wilson, and carried, this'item-was continued for four weeks, to the meeting'of'March 4; 1974,.as requested by the applicant. ZE-74-05 The Director of Planning'presented an application for Rule Zone Exception"ZE'-74-05,'Harry John Rule, 215 - 23rd Street, CostaMesa, for permission for Metropolitan Denied Community Church to hold'Wednesday night rap and Bible study from 6:00`p.m; to'10:30 p'.m., in an R1 zone, located'at 215'East 23rd Street'. The Planning Commission recommended denial. Communications have been received from Herbert M: Burnham,'Chairmann, Executive Board, Cen- tra�l Bible Church of Costa Mesa, 190 - 23rd Street, Costa Mesa; Hugh E.- Lilly,-204.Coronado Street, Balboa; and Mr. Webster, 221 East.23rd Street, Costa Mesa, all in opposi- tion to the application. The applicant was present and answered questions from the Council. Mr. J. Murley, 709 Catalina Street, Laguna Beach, representing the American Civil Liberties Union, Orange County Chapter, addressed the'Council regarding this application and voiced concern over what he termed an overtone of potential religious discrimination. The Reverend Roger Harrison, a clergyman'for'the Metropolitan Community Church, spoke in`support of the application. Herb Burnham; 3076:Johnson Avenue; Costa Mesa; Richard Opp, 328'= 21st Street, Costa Mesa; and J. Beardsley, 2325 Orange Avenue,' Costa Mesa, all representing the Central Bible Church of`Costa Mesa, spoke in opposition to the application. The Reverend Robert May, 20811 Lancelot 1 1 393 Councilmanic Councilman Wilson presented a proposed resolution in Comments opposition to legislation, setting forth a mandatory Lane, Huntington:Beach, representing the Brotherhood of Peace,and.Trangpility,,spok-e regarding the rights of homosexuals. Robert Forey,..584-1/2 Hamilton Street, stated that -all -of the conditions of the Planning Depart- ment' -would be met if this application is approved. After discussion, on motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the application was denied;. ZE=74-06 The Director of Planning presented an application for Wilbers Zone Exception ZE-74-06,.Hubertus C. Wilbers,'3237 Iowa Street, Costa:Mesa, for permission to encroach eight feet into the rear yard setback with a room addition 25 -feet by 12-1/2 feet, in an Rl zone, located at that address..''The:P.lanning:Commission recommended approval. No,communications have,been,received. On'motion by Councilman Raciti;, .seconded by Councilman Jordan, and carried, the application.was approved. ZE-74-10 The Director -of Planning presented an application for Steaven Jones Zone Exception ZE-74-10, Steaven Jones Development Company, 11818 Wilshire Boulevard, Suite 104, Los Angeles, for permission to construct a restaurant (approximately 2,250 square feet) to meet CP standards in',a'Cl-CP zone, located at 3135_ Harbor Boulevard. The Planning Commission .recommended approval subject to conditions. -'No communications have been received: The applicant was present and agreed to all conditions. On motion by Councilman Raciti, seconded by Councilman Pinkley, and'carried, the application was approved sub- ject to conditions as recommended by the Planning Commission. ZE-74-11 The*, Director of'.Plannirig presented an application for Hofmann Zone: Exception ZE-74-11, Charles Henry Hofmann, 350 Rochester Street, Costa Mesa, for permission to con- struct 11 apartment units to meet CP standards, located at 2025'Poniona Street,. in an R4 -CP zone. The Planning Commission recommended approval subject to conditions. No'communications have been received. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the''appl'ication was approved subject to conditions'as recommended by the Planning Commission. ZE-30-70-R' The Director of Planning presented an application -for Sawyer ZE-30-70-R, Irvin T..and Donalda L. Sawyer, 2619 Orange:Avenue, Costa Mesa., for permission to construct Withdrawn and operate a.two-story residential care home for a maximum of 96 guests (the total capacity for the pro- posed home and the extended home will be 150 people) in an R2 zone, located at 2621 Orange Avenue. The Planning Commission recommended withdrawal, as requested by the applicant. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the application was withdrawn. Oral Paul Diehl, 1092 Santa Cruz Circle, Costa Mesa, repre- Communications senting the North Costa Mesa Homeowners Association, requested use of the Council Chambers on February 21, Meet the 1974, at 7:30 p.m., for a Meet -the Candidates Night, Candidates so that the citizens of`Costa Mesa may have an Night opportunity to talk with all the candidates running for Council in' the upcoming March 5, 1974 election. On motion by Councilman Raciti, seconded by Mayor Hammett, and carried, the request was approved subject to the approval of the City.Manager. Councilmanic Councilman Wilson presented a proposed resolution in Comments opposition to legislation, setting forth a mandatory 394 SCAG Resolution 74-5 Adjournment requirement for.all cities, for membership in SCAG, Southern California•Association'of Governments. On motion by Couricilman •Wilson,' seoonded by Councilman Pinkley; Resolution 74-5',•being A RESOLUTION OF THE CITY COUNCIL OF THE -CITY OF COSTA MESA OPPOSING MANDATORY.MEMBERSHIP-IN THE SOUTHERN CALIFORNIA ASSO- CIATION OF GOVERNMENTS, AND DECLARING REASONS THEREFOR, ,was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti ;NOES: Councilmen;! None ABSENT: Councilmen: •None The Mayor declared the meeting adjourned at 11:35 p.m., to February.5; 1974; at 6:30'p.m., at Maude Davis Middle School,'Multipurpose Room, 1050 Arlington Drive, Costa Mesa. Mayo of the City of Costa Mesa ATTEST: City Clerk of the City of Cos Mesa 1 i l 1