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HomeMy WebLinkAbout05/06/1974 - City Councilio Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 6, 1974 The City Council of the City,of Costa Mesa, California, met in regular session at 6:30 p.m., May 6, 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, led by representatives from the Girls Club of the Harbor Area, and Invocation by'the Reverend Charles T. Jorgenson, Brentwood Chapel. Council Members Present: Council Members Absent: Officials Present: Wilson, Hammett, Pinkley, Raciti, Hertzog None City Manager, City Attorney, Director of Planning, Director of Public Services/City Engineer, City Clerk Proclamation On motion by Councilman Pinkley, seconded by Councilman Youth Civic Raciti, and carried, a proclamation declaring May 5 Week through 11, 1974, as Youth Civic Week in the City of Costa Mesa, was approved. Certificate of Mr. Roy McCardie, on behalf of the Americanism Committee Award of the Costa Mesa Chamber of Commerce, presented to the City a Certificate of Award in recognition of patriotism for flying the American Flag daily. Certificate of The Mayor presented a Certificate of Appreciation to Ed Appreciation McFarland for his conscientious efforts and hard work while a member of the CostaiMesa Planning Commission. Minutes The Vice Mayor declared the Minutes of the regular meet - April 15, 1974 ing of April 15, 1974, the adjourned meetings of April April 16., 1974 16, 1974, and April 22,.1974, approved as distributed April 22, 1974 and posted, as there were no corrections. Ordinances On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, all ordinances will be read by title only. Ordinance 74-28 On motion by Councilman Pinkley, seconded by Councilman Adopted Raciti, Ordinance 74-28, being AN ORDINANCE OF THE CITY COUNCIL OF THE'. CITY OF COSTA MESA, AMENDING SECTION 13-616 COSTA MESA MUNICIPAL CODE TO ADD THE LIMITED INDUSTRIAL (ML), GENERAL INDUSTRIAL (MG), INDUSTRIAL PARK (MP), AND HEAVY INDUSTRIAL (MH) ZONES TO THE ES- TABLISHED PARKING STANDARDS SECTIONS, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None Ordinance 74-29 ABSENT: Council Members: None On motion by Councilman Hammett, seconded by Councilman Adopted Pinkley, Ordinance 74-29, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING R-74-13 THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBER Amash 141-263-04 FROM M1 AND R2 TO C1 -CP, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None -:j.4 Downtown On motion by Councilman Raciti, seconded by Councilman Redevelopment Hammett, Ordinance 74-30, being AN INTERIM ORDINANCE OF Area THE CITY COUNCIL OF THE CITY OF COSTA MESA, ENACTED PURSUANT TO SECTION 65858 GOVERNMENT CODE TO PROTECT Urgency THE PUBLIC SAFETY, HEALTH, AND WELFARE PROHIBITING USES Ordinance 74-30 WHICH MAY BE IN CONFLICT WITH CONTEMPLATED ZONING PRO - Adopted POSALS AND AN ADOPTED COMMUNITY REDEVELOPMENT AGENCY Mesa Verde REDEVELOPMENT PLAN, ADOPTING THE SAME AS AN URGENCY Drive East and ORDINANCE AND.STATING REASONS THEREFOR, was adopted by Mesa Verde the following roll call vote: Drive West AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Environmental A Notice of Intention to Solicit for Charitable Purpose Alert Group from Environmental Alert Group, Incorporated, 1543 North Martel Avenue, Los Angeles, by door-to-door solicitation Withdrawn for one year, was presented. Mr. Richard Stayner, president, was present and requested withdrawal of the application. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, the application was withdrawn. 1 1 1 Councilman Pinkley commented on the increasing number of solicitors within the City and made a motion that the City Attorney update our existing ordinance to provide more adequate guidelines for the staff. The motion was seconded by Councilman Raciti, and carried. Parking The Clerk presented a recommendation from the Traffic Prohibition Commission to prohibit parking along Mesa Verde Drive Mesa Verde East and Mesa Verde Drive West north of Adams Avenue, Drive East and excluding 600 feet along the easterly curb of Mesa Mesa Verde Verde Drive East north of Adams Avenue. Communications Drive West have been received from Terry Clark, 3020 Clubhouse Circle, Costa Mesa, and Margaret E. Hathcock, 3018 Clubhouse Circle, Costa Mesa, both in opposition to prohibition of parking in front of their residences. Judy Kelsey, 3016 Clubhouse Circle, Costa Mesa, spoke in opposition to the proposed parking prohibition as it relates to Country Club Villas, expressing a strong dependency on the availability of this parking by the residents. Mr. W. H. Willis, 2968 Ceylon Drive, Costa Mesa, representing the Mesa Verde Homeowners Associa- tion, spoke in favor of uniform parking regulations. Mr. Frank J. Jung, 3014 Clubhouse Circle, Costa Mesa; John Berger, Chairman of the Board for Country Club Villas; and Mrs. David Struthers, 3002 Country Club Circle, Costa Mesa, spoke in favor of retaining the parking on Mesa Verde Drive in front of the Country Club Villas. After considerable discussion, Councilman Hammett asked if the Council would be amenable to a 90 -day test period wherein parking would be prohibited on Mesa Verde Drives East and West north of Adams Ave- nue, excluding the easterly curb of Mesa Verde Drive East 600 feet north of Adams Avenue, and a portion on the northerly curb of Mesa Verde Drive beginning to the west, and extending in front of the Country Club Villas; the exact distance to be determined by the Traffic Engineer. At the end of the 90 -day period, the situation will be re-evaluated. The Council indicated agreement with this suggestion. On motion by Council- man Hammett, seconded by Councilman Pinkley, Resolution 74-26, being A RESOLUTION OF THE CITY COUNCIL OF THE Resolution 74-26 CITY OF COSTA MESA, CALIFORNIA., PROHIBITING PARKING ON PORTIONS OF MESA VERDE DRIVE EAST AND MESA VERDE DRIVE WEST, was adopted by the following roll call vote: 1 1 1 1 1 AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Southern On motion by Councilman Pinkley, seconded by Councilman California Raciti, and carried, the request from Joseph Colombo, College 2315 East 17th Street, Santa Ana, that the property of Southern California College, located east of the Civic Removed from Center, be excluded from the moratorium for the Civic Agenda Center District, was removed from the Agenda. Council Meeting On motion by Mayor Wilson, seconded by Councilman Day Change Raciti, Ordinance 74-31, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING SECTION 2-38 Ordinance 74-31 OF CHAPTER 3 OF THE ORDINANCES OF THE CITY OF COSTA MESA First Reading CHANGING THE REGULAR DATE OF THE CITY COUNCIL MEETINGS FROM THE FIRST AND THIRD MONDAYS OF EACH MONTH TO THE FIRST AND THIRD TUESDAYS OF EACH MONTH AND SETTING -FORTH AUTHORITY AND REASONS THEREFOR, was given first reading and passed to second reading, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog one Tenures of On motion by Councilman Pinkley, seconded by Councilman Office Raciti, Ordinance 74-32, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING CERTAIN SEC - Ordinance 74-32 TIONS OF THE COSTA MESA MUNICIPAL CODE TO PROVIDE FOR First Reading THE TERMS OF OFFICE OF PLANNING COMMISSION, CITY CLERK, CITY TREASURER, AND CITY ATTORNEY, AND SETTING FORTH REASONS THEREFOR, was given first reading and passed to second reading, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: .None ABSENT: Council Members: None CONSENT CALENDAR: The following Consent Calendar item was removed from the Consent Calendar: Item 3, a request from James R. Hammons to conduct a rummage sale. On motion by Councilman Hammett, seconded by Councilman Raciti, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Conservation A resolution from the City of Chino concerning the need and Open Space for State tax relief to implement the conservation and open space.elements of general plans, was received and processed. Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: Mosquito Orange County Mosquito Abatement District Minutes Abatement of their 326th meeting of March 21, 1974. District California A letter from Hammond H. Anthony, 3248 Nebraska Street Lane, requesting permission to store a 19 -foot Access travel trailer in his back yard, and requesting access of California Street which would necessi- tate a curb cut. Mr. Anthony will receive a reply to this request from the City Manager. 15 City's Tennis A letter from Imelda Moore, representing the Program Howard Company, 1831 Westcliff Drive, Newport Beach, commending the staff for the City's Tennis Program. Public Utilities Letters from the Public Utilities Commission Commission advising of both Southern California Gas Company and San Diego Gas and Electric Company applications for rate increases to offset increases in gas costs, and that any objections to a review of these applications by PUC should be filed by April 26, 1974. Proposition One A resolution from the City of Seal Beach June 4, 1974 endorsing Proposition One, a $250,000,000.00 Ballot Parks and Recreation bond issue on the June 4, 1974, Statewide ballot. The City Council adopted similar Resolution 74-9 on February 19, 1974. Orange County A resolution from the City of Fullerton Assessment endorsing the services of the Orange County Treatment Assessment Treatment Center. The City Council Center adopted similar Resolution 74-21 on March 18, 1974. Alcoholic Beverage Alcoholic Beverage License applications, for Licenses which parking has been approved by Planning from: Joseph S. Marino, doing business as Margarita Mexican Restaurant, 2285-B Newport Boulevard; F. X. and Jane E. Shelden to Denver Mining Company, 719-21 West 19th Street; and William C. Brothers and Berdj Aghadjian to D F, Incorporated, doing business as Black End - Reading Folder Knight Newport, 1670 Newport Boulevard. Set for Public The following item was set for Public Hearing on Hearing May 20, 1974, at 6:30 p.m., in the Council Chambers, 77 Fair Drive, Costa Mesa: R-74-15 Rezone Petition R-74-15, Costa Mesa Planning Com- mission, 77 Fair Drive, Costa Mesa, for permission to rezone property located at 2950 Harbor Boule- vard, from M1 and C2 to C2 -CP. Refund A refund of a $100.00 cash deposit from Tanco Develop- ment Corporation, 1104 East 17th Street, Santa Ana, Tanco was approved as recommended by the Planning Department, Development as conditions have been completed for Tentative Tract 6614, by the following roll call vote: AYES: Council Members: Wilson, Hammett,.Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Exonerate A request to exonerate Bond No. 7103515 from Lisle C. Bond Miller, 3955 Birch Street, Newport Beach, accepted to insure removal of recreational facilities in the pro - Miller posed right-of-way for Patricia Place, in connection ZE-30-69 with Zone Exception ZE-30-69 located at 387 West Bay Street, was approved as recommended by the Planning Department as plans for Patricia Place have been abandoned, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Claims The following claims received by the Clerk were referred to the City Attorney: Richard E. Adams, Marilyn C. Shirley, Frank A. Shellberg, and Oscar Area. Budget Adjustment A budget adjustment for tennis court lighting at No. 111 Estancia High School was requested due to in - Tennis Court creased costs of materials. On motion by Councilman Lighting Hammett, seconded by Councilman Raciti, Budget Adjustment No. 111, in the amount of $7,838.00, de- creasing subdivider's fees in Zone 1, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Budget Adjustment A budget adjustment for construction of tennis courts No. 100 at TeWinkle Park was requested due to increases in Tennis Courts construction costs. On motion by Councilman Hammett, seconded by Councilman Raciti, Budget Adjustment No. 100, in the amount of $26,441.00, decreasing subdivider's fees in Zone 4 by $22,441.00 and the unappropriated fund balance by $4,000.00, was approved by the following roll call vote: AYES: Council Members: Wilson,. Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Beat Street Medians Bids received for the construction of Bear Street Medians - Sunflower Avenue from Sunflower Avenue to the San Diego Freeway are on to the San Diego file in the Clerk's office. On motion by Councilman Freeway ? Hammett, seconded by Councilman Raciti, the contract was awarded to J. -B. Crosby Company, Incorporated, 8361 Awarded Moody Street, La Palma, in the amount of $16,073.58, and the Mayor and Clerk were authorized to sign the contract, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 236 The bid received for the furnishing and installation of 61 sets of louvered windows and 12 grilles in the City Rejected Hall building is on file in the Clerk's office. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, the bid was rejected as full specifications were not met, and the purchasing agent was authorized to negotiate for these items with inter- ested vendors. " e Notice of The work.has been completed by Patterned Concrete, Post Completion Office Box 404, South Laguna, to the satisfaction of Installation of the Director of Leisure Services, for the installation Patterned Concrete of patterned concrete on Newport Boulevard, from 15th on Newport Boule- Street to 19th Street. On motion by Councilman Hammett, vard - 15th to 19th seconded by Councilman Raciti, the work was accepted, Streets the Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the date of Council acceptance, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Data Processing On motion by Councilman Hammett, seconded by Councilman Agreement Raciti, a Data Processing Agreement for computer usage with Crosby and Overton, Incorporated, to establish Crosby and Overton terms, conditions, and fees, was approved and the City Manager authorized to sign on behalf of the City, by the following roll call vote: _2a8 AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Retirement Plan On motion by Councilman Hammett, seconded by Councilman. Rewrite Raciti, and carried, approval was given to rewrite the Retirement Plan to conform with various Internal Revenue Service rules and regulations, and to incorporate the various amendments made to the Plan since its inception, and the Mayor and Clerk were authorized to sign said plan. New Job A proposed resolution was presented establishing new job Classifications classifications in the City Attorney Department for an Assistant City Attorney and Legal Secretary. On motion by Councilman Hammett, seconded by Councilman Raciti, Resolution 74-27 Resolution 74-27, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING NEW JOB CLASSIFICATIONS AND RATES OF COMPENSATION THEREOF, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Permit Item 3 on the Consent Calendar, a request from James R. Hammons, 2583 Westminster Avenue, Costa Mesa, for Hammons Troop 106 to conduct a rummage sale, May 18 and 19, 1974, from 8:00 a.m. to 6:00 p.m., at the Youth Services Asso- ciation Building located at Bristol Street and Red Hill Avenue; and to advertise sale by mobile unit public address system, was presented. On motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, the request was approved without the use of a public address system. Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 827 Hammett, Warrant Resolution 827 was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 828 Raciti, Warrant Resolution 828, including Payroll 7408, was approved by the following roll call.vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Warrant On motion.by Councilman Pinkley, seconded by Councilman Resolution 829 Raciti, Warrant Resolution 829, was approved by the following roll call vote: AYES: Council Members: Wilson, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Increase in The City Manager recommended an increase in the mileage Mileage allowance from 12 to 15 cents per mile, for personal Allowance automobile use on City business. The City Manager indi- cated that this recommendation was posted as required by the Personnel Regulations and the recognized employee groups were notified. No communications have been re- ceived. On motion by Councilman Hammett, seconded by Councilman Pinkley, the recommendation was approved as outlined, by the following roll call vote: 1 1 1 M AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Budget Adjustment The City Manager presented a_request for a budget No. 118 adjustment in the amount of $5,305.00, representing an advance payment to the Southern California Edison Com - Street Lighting pany for the street lighting on Fairview Road, from Fairview Road Princeton Drive to Dorset Lane. On motion by Councilman Raciti, seconded by Councilman Pinkley, Budget Adjustment No. 118 was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place set Whittier Avenue for the public hearing, continued from the meeting of General -Plan April 15, 1974, to consider Preliminary Land Use Options Study of the Whittier Avenue General Plan Study. Helen Wada, 4401 Stinson Drive West, Columbus, Ohio, requested Ml zoning for her property. Jim Ruble, attorney for Mrs. Wada, spoke in support of her request. Mrs. McKee, 3324 Wyoming Circle, Costa Mesa, owner of 11 acres in the subject area, urged the Council to allow medium to multiple density development of her property. Councilman Hammett Councilman Hammett left the meeting at 7:50 p.m. and Leaves returned at 7:.55 p.m. Discussion followed and the Council asked for information concerning the Hjorth property, a 5.92 -acre parcel in the subject area. Clarence Turner stated that he had been in correspondence with Mrs. Hjorth and indicated that she would not wish any part of her property split off and placed in a residential area. Larry Larsen, 11161 Wick- ford Drive, Santa Ana, said he too had been in corres- pondence with Mrs. Hjorth and indicated she wished to retain M1 zoning on her property.- Mr. Larsen further indicated that he was present at the meeting to represent Toshio Ikeda, owner of a 3.5 -acre parcel in the study area and indicated that Mr. Ikeda wishes to have his property remain as M1. Vernon Taylor, 1889 Parkview Circle, Costa Mesa, representing the Oceanview Park Homeowners Association, stated that the association had originally favored Rl zoning for the majority of the McKee acreage, but since had concluded that this was not practical and was now in favor of.medium density resi- dential.usage for the entire study area. Bill Clover, 1029 Parkhill Drive, Costa Mesa, a representative from Oceanview Park, gave a slide presentation and expressed a preference for Land Use Option No. 4. Richmond Westlake, Jr., 1625 Sandalwood Street, Costa Mesa, spoke regarding how the.qual'ity of education might be affected by development of the study area as residential which would bring in more students to the existing schools. Helen Wada spoke again stating that the ma- jority of property owners in the study area do not have surface rights to their property. Larry Larsen stated that the Toshio Ikeda property does not contain any _oil wells and is ready to be developed immediately. There being no other speakers, the Mayor closed the public hearing. After considerable discussion, Council- man Hammett made a motion, seconded by Councilwoman Hertzog, to approve Land Use Option No. 2 with certain modifications, those modifications being that the McKee property, the Post property, and a portion of approxi- mately one acre of the Hjorth property, adjacent and directly south of the McKee property, be recommended 20 for plannned development residential, medium density use, and the remainder be developed as light indus- trial. At this point the City Attorney reminded the Council that they would not be voting for a change in zones, but rather recommending an option to the Planning Commission for their guidance. The motion carried, Mayor Wilson and Councilman Raciti voting no. Recess The Mayor declared a recess at 8:55 p.m., and the meeting reconvened at 9:05 p.m. Public Hearing The Clerk announced that this was the time and place R-74-10 set for the public hearing for Rezone Petition R-74-10, Costa Mesa Planning Commission, 77 Fair Drive, Costa Referred Back Mesa, for permission to rezone property located at the to Planning northwest corner of Hamilton Street and Valley Road, Commission from Ml to R1. The affidavit of publication is on file in the Clerk's office. A communication has been re- ceived from Mrs. John L. Ingram, 665 La Mirada Avenue, San Marino, in opposition to the proposed zone change. The Planning Commission recommended denial. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, this item was referred back to the Planning Commission. Zoning Study On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, Costa Mesa Planning Commission Referred to Resolution 74-06, declaring the obsolescence of Title Study Session 13,.and requesting a staff study and preparation of a more effective zoning ordinance, was referred to a Study Session with the Planning Commission. S-74-03 The Clerk presented Tentative Parcel Map S-74-03, David Chriss and Thelma Chriss, 327 Cedar Street, Newport Beach, for permission to divide property into two parcels, being a division of Lot 10, Tract 2996, located at 293 and 297 Ogle Street. The Planning Commission recommended approval subject to conditions. The City Manager indi- cated that an amendment should be made to Condition 3 changing the footage requirement from 40 feet to 37 feet. On motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, the request was approved subject to conditions as recommended by the Planning Commission, with the amendment to Condition 3 as outlined. Building Moving The Clerk presented an application for Building Moving Permit No. 645 Permit No. 645, Gordon Hawkins, 2283 Fairview Road, Hawkins Costa Mesa, for permission to move residential units from 24742 La Paz Avenue, Dana Point, to 2180 Placentia Referred Back Avenue, in an R2 zone. A communication has been re - to Planning ceived from the applicant stating his intention to Commission submit revised plans for this project. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, this item was referred back to the Planning Commission. ZE-74-39 On motion by Councilman Hammett, seconded by Councilman Hawkins Pinkley, and carried, application for Zone Exception ZE-74-39, Gordon Hawkins, 2283 Fairview Road, Costa Referred Back Mesa, for permission to add three units to three exist - to Planning ing units, for a total of six units (one unit per Commission 2,775 square feet, eight percent density deviation) and to encroach 12 feet into the required 25 -foot rear yard setback, in an R2 zone, located at 2180 Placentia Avenue, which directly relates to the previous item, was also referred back to the Planning Commission. 1 1 21 Encroachment The Clerk presented Encroachment Permit No. 76, Genji Permit No. 76 and June S. Kawamura, 718 St. James Place, Newport Beach, for permission to permit the existing barbed Kawamura wire fence to remain in present location along the east side of San Leandro Lane, approximately six to seven feet inside the street right-of-way. The Planning Commission recommended denial. The Planning Director indicated that the applicant had requested this application be approved subject to the removal of the barbed wire and other wire be placed in lieu thereof. The staff recommended approval subject to this amendment. On.motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, the application was approved subject to the Planning Director's recommendation. ZE-74-04 The Director of Planning presented an application for National Zone Exception ZE-74-04, continued from the meeting of Advertising March 4, 1974, E. C. Goldsworthy, National Advertising Company, 1661 Industrial Road, San Carlos, for permis- Denied sion to replace existing single -f aced sign (5 by 15 feet) with a double-faced sign (14 by 48 feet each face) at 2956 Bristol Street, in an R2 and M1 zone. The Planning Commission recommended denial. It was indi- cated that a telephone message had been received from Mr. Goldsworthy requesting a 90 -day deferral of this request. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the request for a 90 -day deferral was denied. On motion by Councilman Pinkley, seconded by. Councilman Raciti, and carried, the application was denied. ZE-74-28 The Director.of Planning presented an application for Janes and Whaley Zone Exception ZE-74-28, M. Janes and Thomas R. Whaley, 2710 Gannet.Drive, Costa Mesa, for permission to con- struct a three-story, 20 -unit apartment project on 39,339 square feet of land area (one unit per 1,967 square feet), to meet CP standards in an R3 -CP zone, located at 399 West Bay Street. The Planning Commis- sion recommended approval subject to conditions. No communications have been received. The applicant, Mike Janes, 1947 Killdeer Circle, Costa Mesa, was present and -agreed to all conditions. Bill Rogers, 1775 Oriole Drive, Costa Mesa, asked if the City has any data indicating the need for additional apartments and condominiums in the City of Costa Mesa. The City Manager indicated that the General Plan does desig- nate this area for high density residential development. After further discussion, on motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, the application was approved subject to conditions as recommended by the Planning Commission. Draft Environmental The Director of Planning presented a Draft Environmental Impact Report Impact Report for Mesa -Verde Villas, a 496 -unit apart- ZE-74-32 ment development, located at the southeast corner of Mesa Verde Villas Mesa Verde Drive East and Golf Course Drive, in connec- tion with ZE-74-32. The Planning Commission recommended Held Over approval subject to a condition to show some type of an approved energy source to operate their water circula- tion system. A communication has been received from the Mesa Verde Homeowners Association in opposition to the proposed project. A communication has been received from Donald E. Smallwood, Incorporated, Attorney at Law, 366 San Miguel Drive, Suite 300, Newport Beach, re- questing that a decision on this item be postponed in order to allow sufficient time to permit additional study and reactions to the Environmental Impact Report submitted. A letter has been received from Carmen Scott, 3122 Country Club Drive, and in addition, a list containing six names, both in opposition to the project. The City Attorney advised the Council that they must take action on the Environmental Impact Report prior to acting upon the application for a Zone Exception. Considerable discussion followed concerning the validity of the EIR, the amount of time required to evaluate the report, and whether or not this hearing should be continued prior to an evaluation being submitted. The Director of Planning indicated his opinion that the staff would not be in a position to evaluate the EIR as they had not endorsed the proposed project. The City Manager indicated agreement with the Director of Planning.and recommended that a professional be hired to evaluate the report. Councilman Hammett felt that regardless of Council's decision concern- ing the EIR, the concerned parties present at the meeting should be heard. The hearing was continued. Jack Callahan, 1773 Oriole Drive, Costa Mesa, addressed the Council regarding a point of order concerning the use of first names. Walter Gayner, 1839 Jamaica Road, Costa Mesa, introduced his asso- ciates, Hugh Halderman of the Engineering Firm of Jennings, Halderman, and -Hood; Earl Kaltenbach, Architect; and Don Brinkerhoff, Planner and Landscape Architect, who proceeded to'describe the various facets of the proposed project with a slide presenta- tion and commentary. John Delava, representing the Mesa Verde Homeowners Association, stated objections to the project as proposed for reasons of traffic congestion, lack of necessity for additional apartments, and possible adverse effect on surrounding residential property values. Mr. Delava asked that the Council defer taking action on the Mesa Verde Villas apartment pro- ject until the project comes up to the standards for CP projects and is in compliance with the original Master Plan and the Land Use Ordinance for Costa Mesa. Ernest Oto, 1910 Suva Circle, Costa Mesa, offered his professional opinions as an acoustical consultant concerning the inadequacy of the EIR as it relates to traffic density, traffic speed, and noise levels etc. Bill Adams, 3129 Country Club Drive, expressed his concern that all possible adverse effects of the project on the environment be considered prior to a decision being made. John Lyons, 1854 Kinglet Court, Costa Mesa, felt that the General Plan has no validity if it fails to provide for the welfare, health, and safety of the people of Costa Mesa, and if it does not meet this criteria, should be changed. John Torrib'io, 1819 Tanager Drive, Costa Mesa, felt that an indepen- dent professional evaluation of the EIR would be of significant value. Councilwoman Hertzog responded to Mr. Lyons' remarks concerning the possibility of changing the General Plan and stated that it must also be considered that the owners of this property bought it with the knowledge that it was R4 and could be developed as such. Patricia Armstrong, 2761 Bunting Circle, Costa Mesa, related problems concerning another apartment complex known as the Vista Del Lago, and expressed her fears that similar problems may be encountered if the proposed project is allowed to be built. After discussion, on motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, the City Manager was instructed'to.hire a consultant to evalu- atethe Environmental Impact Report, and this item, together with the application for Zone Exception ZE-74-32, will be held over pending submission of the evaluation report. ZE-74-36 The Director of Planning presented an application for Orange Coast Zone Exception ZE-74-36, Orange Coast Sign Company, Sign Company 1313 East Hunter Avenue, Santa Ana, for permission to extend and maintain one 10 by 20 foot double -face directional sign for the initial lease or rental of apartments for the Vista Del Lago Apartment Complex, and for the initial sale of Tracts 7557 and 7718, located at 3101 Harbor Boulevard, in a Cl -CP zone. The Planning Commission recommended approval for a period of six months. No communications have been received. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, the application was approved for a period of six months as recommended by the Planning Commission. ZE-74-37 The Director of Planning presented an application for Orange Coast Zone Exception ZE-74-37, Orange Coast Sign Company, Sign Company 1313 East Hunter Avenue, Santa Ana, for permission to extend and maintain one 10 by 20 foot single -face Denied ;.,rt., directional sign for the initial lease or rental of apartments for the Vista Del Lago Apartment Complex, located at 2530 Harbor Boulevard, in a Cl -CP zone. The Planning.Commission recommended denial. No communications have been received. On motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, the application was denied. ZE-74-41 Swedlund The Director of Planning presented an application for Zone Exception ZE-74-41, Don Swedlund, 1500 Adams Avenue, Costa Mesa, for,permission to.construct an addition to an existing commercial structure for use as tireand brake sales and installation, located at 2855 Harbor Boulevard, in a Cl zone. The Planning Commission recommended approval subject to conditions. A communication has been received in favor of the request from J. Warren Lennon, The Warlen Company, 1827 Bayadere Terrace, Corona del Mar. Communica- tions in opposition to the request have been, received from Lee A. Taylor, 2854 Hickory Place, Costa Mesa; Elsie V. Herman, 2868 C Hickory Place, Costa Mesa; Eloise Murphy, 2868 D Hickory Place, Costa Mesa; Mrs. Nelson, 2860 Hickory Place, Costa Mesa, and Mrs. Ora Gordon, 2860 Hickory Place, Apartment A, Costa Mesa. Mr. Willard. T. Jordan, architect, 1500 Adams Avenue, Suite 301, Costa Mesa, was present representing the applicant. Mr. Jordan indicated that all conditions were agreeable with the exception of Condition 7, concerning the land- scaping. Mr. Jordan requested relief from a portion of this condition requiring a five-foot planter along Ponderosa Street, between Harbor Boulevard and the driveway. After considerable discussion, Councilman Raciti made a motion, seconded by Councilman Pinkley, to approve the application subject to all conditions. After further discussion, Councilman Raciti amended his motion, seconded by Councilman Pinkley, to approve the application subject to all conditions with a modification of Condition 7, to require the five-foot planter in question to extend a distance on Ponderosa Street only to the front of the showroom. The amended motion carried unanimously. Councilmanic Comments Adjournment Councilman Raciti spoke regarding the appointment of Planning Commissioners and other appointed officials. Councilman Hammett announced that he had just learned this date that he has been appointed to the State Board of Aeronautics. Councilman Hammett discussed the noise problems re- sulting from the motorcycle races at the Fairgrounds and indicated that the disturbances are quite severe. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, the staff was directed to investigate the problem and try to come up with some solutions. Mayor Wilson spoke regarding the California Mandatory Sentencing Initiative which may be placed on the November ballot, and urged support of this measure. The Mayor declared the meeting adjourned at 12:30--a.m. ./V v ayor of the City of Costa Mesa ATTEST: City Clerk of the City of Cost esa 1 1 1