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HomeMy WebLinkAbout07/02/1974 - City CouncilRoll Call Robert L. Humphreys Commended Resolution 74-37 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 2, 1974 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., July 2, 1974, at the City Hall, 77 Fait 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 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, Assistant City Engineer, City Clerk On motion by Mayor Wilson, seconded by Councilman Pinkley, Resolution 74-37, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA COMMENDING ASSISTANT CITY ATTORNEY ROBERT L. HUMPHREYS.FOR LOYAL AND CONTINUOUS SERVICE FROM MARCH 21, 1966, TO JULY 1, 1974, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Mayor'Wilson presented the resolution and an engraved plaque containing the City Seal, and extended best wishes to Mr. Humphreys. The City Attorney also expressed his personal thanks to his longtime asso- ciate, and wished him success in his future endeavors. Bicentennial Don Bull of the Bicentennial Committee described the Committee fireworks display and other activities planned for the July 4th celebration at Orange Coast College and urged all to attend. Hank Panian reported on the various programs initiated by this committee during the current year. Minutes The Mayor declared the Minutes of the regular June 17, 1974 meeting of June 17, 1974, approved as distributed 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. R-74-14 On motion by Councilman Pinkley, seconded by Council- man Raciti, Ordinance 74-40, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 74-40 CHANGING THE ZONING OF A PORTION OF PARCEL TWO, Adopted CUMMING'S-AND MOON'S ADDITION TO FAIRVIEW; AND ORANGE COUNTY ASSESSOR PARCEL NUMBERS 141-182-01; 141-182-02; AND 141-182-03 FROM M1 AND Cl -CP TO MG, was adopted by the following roll call vote: 1 1 1 AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog None None R-74-23 On motion by Councilman Hammett, seconded by Councilman Pinkley, Ordinance 74-41, being AN Ordinance 74-41 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 7, TRACT 2584, FROM R2 TO R3 -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 R-74-24 On motion by Councilman Raciti, seconded by Councilman Pinkley, Ordinance 74-42, being AN Ordinance 74-42 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, CHANGING THE ZONING OF ORANGE COUNTY ASSESSOR PARCEL NUMBERS 141-285-16 AND. 141-292-03 FROM Ml TO ML, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Food Handling On motion by Councilman Raciti, seconded by Industry Councilman Pinkley, Ordinance 74-43, being AN Ordinance 74-43 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REGULATING THE FOOD HANDLING INDUSTRY CREAT - First Reading ING UNIFORMITY WITH OTHER CITIES THROUGHOUT THE COUNTY OF ORANGE; ADOPTING DEFINITIONS PROVIDING FOR PERMITS; SETTING FORTH SANITATION STANDARDS; PROVIDING FOR HEARINGS; PROVIDING FOR PENALTIES FOR THE PROTECTION OF THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF THE COMMUNITY, 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 Building Moving The Clerk presented from the meeting of June 17, Permit No. 646 1974, Building Moving Permit No. 646, Jefferson Jefferson Trust Trust, 250 East 17th Street, Costa Mesa, for permission to move a one-story office building from 3220 South Fairview Road, Santa Ana, to 1670 Westminster Avenue, Costa Mesa, in a Cl -S zone. Willard Jordan, 1500 Adams Avenue, Costa Mesa, representing the applicant, explained the details of the proposed move -in. Jack Randall, Trust Real Estate Officer for the Bank of California;. and Walter Borroughs of Jefferson Trust, both spoke in support of .the request. After discussion, on motion by Councilman Pinkley, seconded by'Council- man Hammett, and carried, Councilman Raciti voting no, the application was approved subject to condi- tions as recommended by the Planning Commission. CONSENT CALENDAR: The following Consent Calendar item'was removed from the Consent Calendar: Item 2, Contract with 32nd District Agricultural Association for police services. On motion by Councilman Hammett, seconded by Councilman Pinkley, the remaining Consent Calendar items were approved.in one motion by the follow- ing roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT:. Council Members: None United States A resolution from the City of Santa Ana, request - District ing creation of a United States. District Courthouse Courthouse facility in Santa Ana, was received. On motion by Councilman Hammett, seconded by Councilman-Pinkley, Resolution 74-38 Resolution 74-38, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE CREATION OF A UNITED STATES DISTRICT. COURTROOM FACILITY IN SANTA ANA, CALIFORNIA, was adopted by the following roll call vote: AYES: Council. Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council.Members: None ABSENT: Council Members: None Assembly Bill An amendment to Assembly Bill No. 3951 from the No. 3951 City of.Placentia, regarding proposed Orange County Transit District Sales Tax Legislation, was received and processed: Public Application No. 54946 to the Public Utilities Utilities Commission, from Southern California Edison Commission Company, for rate increase for electric service, was received and processed. Public Application No. 54933 to the Public Utilities Utilities Commission, from Southern California Edison Commission Company, for fuel cost adjustment to billings for electric service, to offset cost of fuel oil transportation, was received and processed. Catering Trucks Petitions requesting.that catering truck operators Use of Air Horns be allowed to continue use of air horns to indicate their presence at local businesses, were referred to sta£f.to be included with material now being investigated from the meeting of June 3, 1974. Reading Folder The following Reading Folder Items, in Consent Calendar, were received and processed: Conservation A resolution from the City of Irvine and Open Space concerning the need for State tax relief to implement the conservation and open space elements of General Plans. A similar resolution was received and pro- cessed at the meeting of June 17, 1974. Assembly Bill A resolution from the City of San Clemente No. 3745 expressing opposition to Assembly Bill No. 3745,.which would.prohibit cities from .licensing businesses located outside a city which derives less than $10,000.00 gross receipts from business done within a city. Loca1 Agency Notice of Hearing on June 26, 1974, by the Formation Local Agency Formation Commission of the Commission proposed annexation to the Garden Grove Sanitary District, designated Annexation No. K-395-74. I. 1 11 1 F1 1 Alcoholic Beverage Licenses End - . Reading.Folder Business Licenses Dance Permits Alcoholic Beverage License applications for which parking has been approved by Planning from: Pop; Wines of California, Incorporated, :�=to Montcalm Vintners, Incorporated, 3001 Red.Hi11 Avenue, Suite 222, Building IV; Alfred D. Sperry to Harold Renz, doing busi- ness as Grin 'N Bier It, 435 East 17th Street; Newport Harbor Imports Company, 1635 Superior Avenue, Unit B; Richley H. Abbott, 2101 Placentia Avenue; and Papa Joe's, 1784 Newport Boulevard. Dance Permits, for which approval was recommended by the Fire, Police, and Finace Departments, were approved for:. Quits Pub, 1562 Newport Boulevard, Lawrence Scanlon, sole owner; The Shamrock Cocktail Lounge, 1824 Newport Boulevard, Sedley A. Young, sole owner; Denver Mining Company, 719 West 19th Street, Larry Smith, Secretary -Treasurer; and The Marquis Restaurant, 1670 Newport. Boulevard, Kenneth K. .Russell, Vice -President. Family Arcade A request from Family Arcade, 585 South Euclid Avenue, Fullerton, Al McDonald, Partner, to install one target game and one television video game at the Ground Round, 2750 Harbor Boulevard, was approved as recommended by the Fire, Police, and Finance Departments. Amex Corporation. A request from Amen Corporation, 3833 South Walton Avenue, Los Angeles, Raul Pedroza Maynez, for profes- sional wrestling every Monday Night at 8:00 p.m., at Orange County Fairgrounds, on July 8, 15, 22, 29; August 5, 12, 19, 26, and September 2, 9, 16, 23, 30, 1974, was approved. Pride Equals Notice to Solicit.for Charitable Purpose from Pride Respectability Equals Respectability and Equality, Incorporated, and Equality Post Office 281, Santa Ana, for renewal of their permit for 1974-75, was approved with Section 9-325J of the Municipal Code waived. Partial Refunds Requests for partial refunds of 1974-75 license fees for neutered dogs from: Tobey K. White, 1721 License Fees Paloma Drive, Newport Beach, License 1034; Gary Neutered Dogs Yoches, 1721 Paloma Drive, Newport Beach, License 1017; Phyllis Starn, 940 Governor Street, License 285; Margie La Perle, 1980 Federal Avenue, License 576; Ralph Floren, Post Office Box 997, License 1242; and W. Monteleone, 2269 Avalon Street, License 956, for a total of $24.00 in refunds, were approved as recommended by the Revenue Supervisor, by the follow- ing roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Set for Public The proposed abandonment of all right-of-way in Hearing excess of that required for the Precise Plan for Palace Avenue, 30 feet in width, as adopted by City Council Resolution 71-83,.located between 19th Street and Hamilton Street, was set for public hearing on August 6, 1974, and Resolution 74-39, Resolution 74-39 being A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF. COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO,ORDER THE VACATION OF PORTIONS OF PALACE AVENUE BETWEEN NINETEENTH AND HAMILTON STREETS, was adopted by the following roll call vote: AYES: Council Members:( Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Refunds A request for refund of a $2,000.00 cash deposit from Robb's Interiors, 150 East Santa Fe Avenue, Robb's Fullerton, was approved as recommended by the Interiors Planning Department, in connection with ZE-73-80, Harrington Development, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Orange Coast A request for refund of a $200.00 cash deposit, Sign Company as the sign has been removed from property located at 2350 Harbor Boulevard, on Building Permit No. 34560 from Orange Coast Sign Company, Incorporated, 1313 East Hunter Avenue, Santa Ana, was approved as recommended by the Planning Department, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Mayer A request for refund of .a $15,000.00 cash deposit Construction from Mayer Construction Company, 8121 East Florence Avenue, Downey, was approved as recommended by the Planning Department, in connection with ZE-72-96, Ambassador Inns of America, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council.Members: None ABSENT: Council Members: None R-73-06 From the meeting of June 3, 1974, Ordinance 73-23, Sewell which received first reading on May 21, 1973, adoption being held in abeyance since that date, Ordinance 73-23 was withdrawn as requested by applicant, Richard Second Reading A. Sewell, 136 Rochester Street, Costa Mesa, in Withdrawn connection with Rezone Petition R-73-06, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Right.of Way The following Right of Way Deeds were accepted and Deeds ordered placed on record with the Orange County Recorder, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None DEED . NAME FOR STREET 2329r David.and Thelma M. Chriss Santa Ana Avenue 231.4°. Schaefer Ambulance Service, Wells Place Incorporated ;(Corrected Easement Deed) Grant Deed A Grant Deed from Newport -Mesa Unified School Newport -Mesa District for'Parcel 1, Wakeham Site; Parcel 2, State Unified School Hospital (Intermediate);.and Parcel 3, Tanager Site, District. was accepted and the Clerk was authorized to return the deed to First American Title Insurance Company Park Sites for escrow purposes, 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: Attorney Gerold G. Williams on behalf of John Nastasi, William A. R. Bolton, and Bob Cavanaugh. Traffic Signal A request forcontract renewal with Traffic Signal Maintenance Maintenance Company was presented. This contract reflects a recommended increase to $18.06 for Contract maintenance of each intersection per month. On Renewed motion by Councilman Hammett, seconded by Councilman Pinkley, the contract renewal for one year was approved as recommended by the Director of Public Services, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Beautification A request from the Beautification Committee for Committee's additional funds for. the Clean -Up Program, in the Clean -Up amount of $1,750.00, was presented. An overwhelming Program response was received from the initial two areas of pick-up, and a similar response is anticipated in the final phase of the.program, which will necessitate the additional funds to continue to service the needs of the community. On motion by Councilmam Hammett, seconded by Councilman Pinkley, the request was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Street Lighting The Costa Mesa Street Lighting, Energy, and Mainte- District nance District Report, compiled and presented to Annual Report cover the third year of a five-year fiscal period, beginning July 1, 1972, and ending June 30, 1977; covering the incorporated area of the City under the ad valorem method of .collecting the assessment under alternative procedure of the Street Lighting Act of 1919, was received and filed with the City Clerk. CATV Franchises On motion by Councilman Hammett, seconded by Councilman Pinkley, Resolution 74-40, being A Resolution 74-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING THE PROPOSAL OF THE FEDERAL COMMUNICATIONS COMMISSION TO IMPOSE LIMITA- TIONS ON THE FEE WHICH MAY BE CHARGED BY THE CITY FOR A CATV FRANCHISE AND THE USES OF THE FUNDS DERIVED THEREFROM, was adopted by the following roll call -vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members:• None ABSENT: Council.Members: None Bid Item Bids received for.Bid Item No. 234 - bus benches, No. 234 are on file in the Clerk's office. On motion by Councilman Hammett, seconded by Councilman Bids Rejected Pinkley, and carried, the bids were rejected as they did not meet specifications. Transfer of Funds A transfer of $10,000.00 to the Redevelopment Agency to Redevelopment Fund for the purpose of reconciliation of the Re - Agency development Plan, General Plan, and the actual zoning within the Redevelopment Project Area, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Conference A Conference Advance for a police officer to attend Advance the Homicide Investigation Institute in Marysville, California, July 21 through August 3, 1974, in the amount of $203.00, was approved by the following roll call vote AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Police Services Item 2 on the Consent Calendar, a contract with the for Orange 32nd District Agricultural Association, for Police County Fair services for the Orange County Fair, was presented. _ The City Manager indicated that the contract, as presented,.is based on a charge of $5.50 per man-hour, which is the old rate of pay. The City Manager recommended that the Chief of Police be authorized to sign the contract at the new rates of pay, which are as follows: Senior Police Officer, $7.51 per. hour; Police Sergeant, $8.51 per hour.; and Police Lieutenant, $9.71 per hour. On motion by Councilman Hammett, seconded by Councilman Pinkley, the City Manager's recommen- dations were 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 Resolution 836 Councilman Raciti,.Warrant Resolution 836 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 Warrant On motion by Councilman Pinkley, seconded by Resolution 837 Councilman Hammett, Warrant Resolution 837, in- cluding Payroll 7412, was approved by the following rollcall 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 Resolution 838 Councilman Raciti, Warrant Resolution 838 was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Claim The City Attorney presented the claim of Helen Schaffer Schaffer, and recommended that it be denied as there was no liability . on the part of the City. On motion by Councilman Hammett, seconded by Councilman Raciti, the claim was denied. Fair Labor The City Manager requested authorization to Standards Act contribute $200.00 to the League of California Cities -Litigation Fund to be one of many cities in California -filing a law suit against the Federal Government in relation to the Fair Labor Standards Act, which imposes overtime criteria on all cities throughout the Country, and would require the City in 1975 to pay public safety employees -time and one-half for a work week over 60 hours in a 28 - day cycle. The City Manager further stated that what the cities hope to gain through their litigation is the right to regulate their own personnel policies. On motion by Councilman Pinkley, seconded by Council- woman Hertzog, the expenditure was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog. NOES: Council Members: None .ABSENT.: Council Members: None Mayor At this time, the Mayor recognized officials from the Recognizes Planning Commission present in the audience, and also Officials acknowledged a new reporter from the Newporter-Mesa Present News. Public Hearing The Clerk announced that this was the time and place Specific Plan set for the public hearing, continued from the meeting for Extension of June 17, 1974, to consider adoption of a Specific of West 17th Plan for the extension of West 17th Street, between Street- Superior Avenue and Newport Boulevard. No communica- tions have been received. Rollo McClellan, 2424 Windward Lane, Newport Beach, owner of property which would be affected by the proposed alignment, summar- ized his negotiations with the City and expressed his dissatisfaction with the reimbursement offer which had been made. There being no other speakers, the May -or closed the public hearing. After discussion, on motion by Councilman Hammett, seconded by Councilman._ Resolution 74-41 Pinkley, Resolution 74-41, being A RESOLUTION OF -THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A SPECIFIC PLAN FOR THE ALIGNMENT OFWEST SEVENTEENTH STREET BETWEEN SUPERIOR AVENUE AND NEW- PORT BOULEVARD, was adopted by the following roll call vote: ya , 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 GP -74-05 set for the public hearing, continued from the meet- ing of June 17, 1974, for General Plan Amendment GP -74-05, to consider proposed amendments to the General Plan in the area bounded on the east by Whittier Avenue, on the north by Oceanview Park homes (Tract 7043), and on the west and south by the City Limits. A further communication has been re- ceived from Helen S. Wada, 4401 Stinson Drive West, Columbus, Ohio, reaffirming her wish for Ml zoning on her Lot 1207. The Planning Commission recommended approval as presented in the Whittier General Plan Study, Option No. 4, except the Ikeda property to be Light -Industrial rather than Medium Residential. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, Mayor Wilson and Councilman Raciti voting no, the recommendation of the Planning Commission was denied. On motion by 'Councilman Hammett, seconded by Councilwoman Hertzog, Resolution 74-42, being A RESOLUTION OF THE CITY Resolution 74-42 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN•AMENDMENT GP -74-05, AMENDING THE GENERAL PLAN 1990, BEING A MASTER PLAN OF ZONING FOR THE CITY OF COSTA MESA, was adopted by the follow- ing roll call vote: AYES: Council Members: Hammett, Pinkley, Hertzog, NOES: Council Members: Wilson, Raciti ABSENT: Council Members: None Public Rehearing The Clerk announced that this was the time and place ZE-74-40 set for the rehearing requested by Mr. and Mrs. Ben Laurel Selbst, of Zone Exception ZE-74-40, Laurel Development Development Company, for permission to construct a 20,000 square foot RB Furniture Showroom at 3111 Harbor Boulevard, Held Over with a reduction in parking (69 required, 44 provided) to meet CP Standards in a Cl -CP zone. The affidavits of publishing and posting are on file in the Clerk's office. Two petitions have been received requesting the rehearing, one containing 15 signatures, the other 9. Communications have been received from Ursula M. Varilek (no address), and Robert H. Kirksey, 3110 Mesa Avenue, Costa Mesa, both in opposition to the proposed project because of the reduced parking. Mrs. Ben Selbst, 3094 Mesa Avenue, Costa Mesa, addressed the Council in opposition to the project for reasons of parking reduction, unattractive building,and in her opinion, not compatible to the surrounding devel- opment. -Furtherobjections to the proposed project were expressed by the following persons., mainly for the reasons of reduced parking: Gordon Hawkins, 1582 Coriander Drive, Costa Mesa; J. Reynolds, owner of property on Coriander,Drive; Paul Smith, 71--521 Halgar, Rancho Mirage; Tom Hopson, 3109 Ginger Avenue, Costa Mesa; Hermann Haselbeck, 1623 Coriander Drive, Costa -Mesa; Ray Totah, 3116 Pierce Avenue, Costa Mesa; and Tom Chamberlin, owner of properties on Cinnamon Avenue. Don Smallwood, 366 San Miguel Drive, Newport Beach, was present representing the applicant, Laurel Development Company, elaborated on various aspects of. the development and offered statistical data to indi- cate that additional parking would not be required. 1 1 1 Robert W. Gold., Laurel Development Company, also explained various details of the development and answered questions from the Council. Bob Gragg, 2043 Coveridge Drive, Rancho Palos Verdes, repre- senting the owners of the entire parcel, of which only a portion is proposed for the RB development, informed the Council of the anticipated usage for the remaining lots. Questions were raised concerning the additional parking that may be re- quired and where this parking might be located. A lengthy discussion followed, and.Mr. Smallwood reaffirmed that the Declaration required by the con- ditions would guarantee the additional.parking, if required. Tom Hopson spoke again regarding traffic flow, and Harry Johnson, 2121 Placentia Avenue, Costa Mesa, also addressed himself to the subject. Councilman Hammett asked if it would be possible at this time to present some form of master plan for the entire property, incorporating into it desig- nated areas for parking that could be adopted by the Council into the record and be subject to review by .the Council for any modifications in the future. Mr. Smallwood stated that he did not know if the owners were willing to make such a commitment at this time. Councilman Hammett requested that Mr. Gragg be asked if they would make such a commitment. Mr. Smallwood reviewed the proposed development of the entire property as including a bank or savings and'loan.association, RB Furniture, a restaurant, and some other commercial activity, with the rear portion of the property being designated for parking, and Mr.'Gragg indicated that this summary was correct. After further reconsideration, Councilman Hammett made a motion to approve the application based on the previous conditions. set forth and an. additional condition requiring that the back 96 feet of the entire property be master planned as parking, and other developments on the property be oriented to Harbor Boulevard, and that this is to be committed by the owners before the Zone Exception Permit shall be granted, with the understanding that the owners may apply for a change in this master plan in connection with a CP application at some time in the future. This motion died for lack of a second. After further discussion, on motion by Mayor Wilson, seconded by Councilman Hammett and carried, this item was con- tinued and the public hearing held open for two weeks. R-74-16 The Clerk announced that this was the time and place set for the public hearing for Rezone Petition Held Over R-74-16, Costa Mesa Planning Commission, for permis- sion to rezone property located at 782 Presidio Drive and 2709 and 2729 Bristol Street, from Rl to AP -CP. The affidavit of publication is on file in the Clerk's office. A communication has been re- ceived from Betty Vrebalovich, 2737 San Lucas Lane, Costa Mesa, in favor of the proposed rezone. Bill Frost,,from the firm of Raub, Bein, Frost and Associates, Environmental Engineers and Planners, was present, representing the owners, Jerwel Enterprises, and addressed the Council. He spoke in opposition to the proposed zone change, and recalled the past objections of the adjacent property owners to development of this property as a restaurant. He stated that the owners were willing, at this time, to make an agreement in writing to the effect that they would not build a restaurant if some other more workable designation could be placed on the property. The owners would then attempt to' develop a compatible use that would meet the approval of the residents. He further stated that perhaps a special zone could be created that would specify exactly what could be developed on the property. After further discussion, it was determined that the owners do not have any definite.plans for development of the property to present to the Council at this time. Councilman Hammett suggested that possibly this matter could be held for 90 days so that the owners working with the Planning Department could.possibly come up with some definite ideas that could.be discussed at the end of that time. Betty Vrebalovich expressed her opposi- tion to this item being held for 90 days, and requested the Council to make a decision at this time and further stated that she felt the proposed designation of AP -CP was a very reasonable one. Tom Ouillett, 2726 San Lucas.Lane, Costa Mesa, spoke in favor of the AP designation as this would limit the commercial development of the property. Joe Balough, 2734 San Lucas Lane, Costa Mesa, asked for a clarifi- cation on what a special zone would permit. After further discussion, on motion by Councilman Raciti, seconded by Councilman Hammett, and carried, this item was returned to the Planning Department for 90 days, and the public hearing held open. Recess The Mayor declared a recess at 9:30 p.m., and the meeting reconvened at 9:40 p.m. Oral An oral communication was taken out of order and Communication heard at this time due to a medical disability. Frank Braze, 760 West Wilson Street, Costa Mesa, spoke regarding the proposed Master Plan for Joann Street and how it might affect his easement rights. The Director of Planning explained that the Harbor Assembly of God Church had presented a new Master Plan which was approved by the Planning Commission subject to the Joann Street extension being completed. The Harbor Assembly of God .Church had written a letter to appeal this condition and this item would be coming up for consideration before the Council in the near future. Mr. Braze was advised that he should appear at the time this item comes before Council to voice his objections. Proposed Ordinance On motion by Mayor Wilson, seconded by Councilman - Uniform Pinkley, and carried, a proposed ordinance making Plumbing Code provision for additional requirements under the Uniform Plumbing Code.relating to gas meters, was Held Over held over for two weeks. Tentative Map The Clerk presented Tentative Map of Tract Tract No. 8390-R No. 8390-R, John Wells and Associates, 4500 Campus Wells Drive, No. 416, Newport Beach, for permission to divide property described as a Portion of Lot 114 of Tract 300, located at 2449 Tustin Avenue, into 22 lots for condominium purposes. The Planning Commission recommended approval subject to all of the conditions contained in the Planning Director's letter dated June 19, 1974. Edward Moore, 1101 Santa Ana Avenue, Costa Mesa, representing the applicant, was present and agreed to all conditions. On motion by Councilman Hammett, seconded by. Coun- cilman Pinkley, and carried, the request was approved subject to conditions as recommended by the Planning: Commission. 1 i 1 ZE-74-39 The Director of Planning presented from the meeting and Building of June 3, 1974, application for Zone Exception Moving Permit ZE-74-39, Gordon':Hawkins, 2283 Fairview Road, Costa No. 645 Mesa, for permission to add three units to three Hawkins existing units, for a total of six units (one unit per 2,775 square feet., eight percent density devia- Denied tion), and to encroach 12 feet into the required 25 -foot rear yard setback in an R2 zone, located at 2180 Placentia Avenue; and in conjunction therewith, Building Moving Permit No. 645, Gordon Hawkins, 2283 Fairview Road, Costa Mesa, for permission to move residential units from 24742 La Paz, Dana Point, to 2180 Placentia Avenue, in an R2 zone. The amended request as presented to Council at this time is for a total of five units with no deviation in density. The Planning Commission recommended approval of the revised plans subject to conditions. No communica- tions have been received. Mr. Hawkins was present' and spoke in support of his request. After discus- sion, a motion by Councilman Hammett, seconded by Councilwoman Hertzog, to approve the request, failed to carry, Mayor Wilson and Councilmen Pinkley and Raciti voting no. Councilman Pinkley requested that the subject of move -ins be discussed at a Council Study Session on Sunday, July 21, 1974, at 8:30 a.m. ZE-74-48, The Director of Planning presented from the meeting Pic 'N Save of June 3, 1974, application for Zone Exception ZE-74-48, Pic 'N Save, 160 Centennial Way, Tustin, Denied for permission to allow new copy on existing sign structure in excess of maximum letter height per- missible by ordinance (16 inches allowed, 48 inches proposed), and to exceed permissible number of items of information (7 allowed, 12 proposed), on property located at 175 East 17th Street, Costa Mesa, in a C2 tone. The Planning Commission recom- mended denial. A letter has been received from Lucille C. Emmons, 328 West 15th Avenue, Escondido, in opposition to the request. Mr. Bill Becker, 160 Centennial Way, Tustin, representing the applicant, spoke at length in regard to this request, and among other things,. stated that the sign structure in question was an integral part of the building, and he had plans in his possession to substantiate that- .fact. Ed McFarland; 1697 Oahu Place, Costa Mesa, spoke in opposition to this request. -After considerable discussion, on motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, Mayor Wilson voting no, the application was denied. ZE-74-49 The Director of Planning presented from the meeting Horvat of June 3, 1974, application for Zone Exception ZE-74-49, James M. Horvat, 1940-42 Meyer Place, Returned to Costa Mesa, for permission to allow six percent Planning,' density deviation (one unit per 2,833 square feet), Commission for construction of an additional unit on a lot with two existing units and to allow a reduction in parking (six required -three provided), in an R2 zone, located at the above address. The Planning Commission recommende& denial. The Planning Director stated that a request had been made by the applicant to return this application to the Planning Commission. On motion by Councilwoman Hertzog, seconded by Coun- cilman Raciti, and carried, this item was returned to the Planning Commission. ZE-74-54 The Director of Planning presented an application for Miller Zone Exception ZE-74-54, Barry T. Miller, 37 Linda Isle, Newport Beach, for permission to reduce the, Withdrawn required landscaped setback on Clinton Street, 7-1/2 feet (20ifeet required, 12 feet, 6 inches shown) in an MP zone_, located at. 2920 Red Hill Avenue. The Planning Commission recommended withdrawal as requested by -the applicant. On motion -by Councilman Pinkley, seconded by Councilman Raciti, and carried, the appli- cation was withdrawn as requested by the applicant. ZE-74-55 The Director of Planning presented an application for Driver -Eddy Zone Exception ZE-74-55, Driver -Eddy Construction Construction Company, 1982 Charle Street, Costa Mesa, for permis- sion to replace existing storage buildings and to allow a reduction of four parking spaces (ten required, six proposed), in a C2 zone, located at the above address. The Planning Commission recommended approval subject to conditions. The Director of Planning stated that the Planning.Commission had added a condi- tion which would eliminate one of the six proposed parking spaces. A letter has been received from Ante Burica, et al, 920 Capital Street, Costa Mesa, in opposition to the request. Francis J. McConnell, representing the applicant, addressed the Council in support of the request.. After discussion, on motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, the application was approved subject to conditions as recommended by the Planning Commission. ZE-74-57 The Director of Planning presented an application for Alcorn Zone Exception ZE-74-57, Carol Rae Alcorn, 3152 Sicily Avenue; Costa Mesa, for permission to con- struct an -ll -unit apartment complex on 22,906 square feet of land (one unit per 2,082 square feet of land) to meet CP standards in an R3 -CP zone, located at 377 West Bay Street. The Planning Commission recommended approval subject to conditions. No communications have been received._ Mayor Wilson made a motion, seconded by'Councilman Pinkley, to red -line Bay Street with the exception of the commercial area. This motion failed to carry, Councilwoman Hertzog and Councilman Hammett voting no, and Councilman Raciti abstaining. On motion by Councilman Pinkley, seconded by Councilman'Raciti, and carried, Mayor Wilson voting no, the application was approved subject to conditions as recommended by the Planning Commission. ZE-74-58 The Director of Planning presented an application for Leal Zone Exception ZE-74-58, John T. Leal, Jr., 1955 Wallace Street, Costa Mesa, for permission to con- struct a 10 -unit apartment.complex on 18,415 square feet of land area (one unit per 1,841.5 square feet of land) to meet CP standards in an R4 -CP zone,, located at the above address. The Planning Commis- sion recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to all conditions. On motion by Councilman Hammett-, seconded by Councilman Pinkley, and carried, the application was approved subject to conditions as recommended by the Planning Commission. ZE-74-59 The Director of Planning presented an application for Schafer Zone Exception ZE-74-59,,Paul W. Schafer, 2827 Serang Place, Costa Mesa, for permission to encroach 20 feet into the required rear yard -setback with a bedroom addition in an R1 zone, located at the above address. Request for Harry D. Johnson, 2121 Placentia.Avenue, Costa Mesa, Rezone presented a request, signed by four residents in the area of Whittier Avenue and 17th Street, requesting rezone on their properties. The Mayor referred this. item to the Planning Department. Councilmanic Councilman Raciti spoke a few words in recognition Comments of Independence Day. He also expressed the hope that Ron Caspers and those with him who are lost at sea, would yet be found and reunited with their families. Councilman Pinkley spoke regarding the need to estab- lish better communications between staff, Planning Commission, and City Council. He also asked the status of a lawsuit involving Karen Fenn, and Mr. June answered that due to the anticipated length of the trial, the court date was yet some two years away. Vice Mayor Hammett announced that the State Board of Aeronautics would hold their monthly meeting away from Sacramento, here in our City Hall next Monday, July 8, 1974, at 10:00 a.m. On motion by Mayor Wilson, seconded by Councilman Hammett, and carried, the Council reaffirmed their stand in support of General Revenue Sharing. The Planning Commission recommended approval. No communications have been received. On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, the application was approved. Oral, Mr. H, J. Wood of the Costa Mesa Planning Commission Communications addressed the Council with regard to the demolition of a structure and the commencement of work on a new Building Project building located at 209 Flower Street, without bene - on Flower Street fit of the proper City permits. JHe further criticized the manner in which this violation had been handled by the staff and asked the Council to stop all work on the project until the owner has filed for the appro- priate permits. Mrs. Darrilyn J. Oliver, 3077 Yukon Avenue,.Costa, Mesa, added in regard to the previous item that better communications should be established between City officials. Mrs. H. J. Wood,, 212 Flower Street, also spoke in regard, to the construction at 209 Flower Street, and asked the Council to give serious consideration to,the parking aspects of this project. Darryl Backman, owner of the subject pro- perty at 209 Flower Street, addressed the Council regarding the home he is building, stating that adequate parking will be available in the form of an attached garage, and to the rear, a carport. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, this matter was referred to the City Manager for investigation and report back to the Council. Development Ed McFarland, 1697 Oahu Place, Costa Mesa, addressed Standards the Council regarding the Mesa Verde Villas develop - Ordinance ment and suggested that for the future guidance of Proposal the staff and developers coming into the City, a directive be given to the Planning Department and Commission to establish a Development Standards Ordinance for all Cl, C2, medium and high density development. Request for Harry D. Johnson, 2121 Placentia.Avenue, Costa Mesa, Rezone presented a request, signed by four residents in the area of Whittier Avenue and 17th Street, requesting rezone on their properties. The Mayor referred this. item to the Planning Department. Councilmanic Councilman Raciti spoke a few words in recognition Comments of Independence Day. He also expressed the hope that Ron Caspers and those with him who are lost at sea, would yet be found and reunited with their families. Councilman Pinkley spoke regarding the need to estab- lish better communications between staff, Planning Commission, and City Council. He also asked the status of a lawsuit involving Karen Fenn, and Mr. June answered that due to the anticipated length of the trial, the court date was yet some two years away. Vice Mayor Hammett announced that the State Board of Aeronautics would hold their monthly meeting away from Sacramento, here in our City Hall next Monday, July 8, 1974, at 10:00 a.m. On motion by Mayor Wilson, seconded by Councilman Hammett, and carried, the Council reaffirmed their stand in support of General Revenue Sharing. Adjournment 1 The Mayor declared the meeting adjourned at 11:25 p.m. Mayor. of the City of Costa Mesa ATTEST: P City Clerk of the City of Cost esa I. 1 1