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HomeMy WebLinkAbout11/19/1974 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 19, 1974 Roll Call 4) Minutes November 5, 1974 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 The Mayor declared the Minutes of the regular meeting of November 5, 1974, approved as distributed and posted, as there were no corrections. Proclamation The City Council of the City of Costa Mesa, California, through December 8, 1974, as Civil Air Patrol Week in met in regular session at 6:30 p.m., November 19, 1974, Burns, John Daly, Richmond Westlake, and A. J. Biggins, at the City Hall, 77 Fair Drive, Costa Mesa. The meet- ing was called to order by the Mayor, followed by the all members of the Composite Joe Fisher Squadron No. 88 Pledge of Allegiance to the Flag, and Invocation by and Captain Biggins described the activities and ser- Father Wilbur Davis, St. Joachim's Catholic Church. Roll Call 4) Minutes November 5, 1974 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 The Mayor declared the Minutes of the regular meeting of November 5, 1974, approved as distributed and posted, as there were no corrections. Proclamation The Vice Mayor read a proclamation declaring December 1 Civil Air through December 8, 1974, as Civil Air Patrol Week in Patrol Week the City of Costa Mesa. The Mayor recognized Jack Burns, John Daly, Richmond Westlake, and A. J. Biggins, all members of the Composite Joe Fisher Squadron No. 88 which serves the Costa Mesa area. Richmond Westlake and Captain Biggins described the activities and ser- vices of the squadron. Vice Mayor Hammett thanked the squadron for their services to the community and presented the proclamation to Captain Biggins. Newport Freeway Councilman Pinkley presented a resolution re -stating the City's position with respect to the construction of the Newport Freeway. On motion by Councilman Pinkley, seconded by Councilman Raciti, Resolution Resolution 74-98 74-98; being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REAFFIRMING ITS POSITION WITH RESPECT TO TWO-WAY FRONTAGE ROAD ON THE EAST SIDE OF THE NEWPORT FREEWAY IN THE CITY OF COSTA MESA; URGING EARLY COMPLETION OF THE ENVIRONMENTAL IMPACT REPORT ON SAID FREEWAY; URGING AN EARLY DATE FOR THE PUBLIC DESIGN HEARINGS ON SAID FREEWAY FROM BRISTOL STREET TO THE NEWPORT BEACH CITY BOUNDARY, AND EXPRESSING REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Ordinances On motion by Councilman.Pinkley, seconded by Council- man Raciti, and carried, all ordinances will be read by title only. Bond Requirements On motion by Councilman Pinkley, seconded by Council - Finance Director, woman Hertzog, Ordinance 74-59, being AN ORDINANCE OF Treasurer, Clerk THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 2-5 COSTA MESA MUNICIPAL CODE RELATING TO THE Ordinance:74-59 BONDS OF THE CITY CLERK, CITY TREASURER, AND DIRECTOR Adopted OF FINANCE, AND ESTABLISHING THE METHOD OF DETERMINING THE PRINCIPAL OF SAID BONDS, was adopted by the follow- ing roll call vote: -91 AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None R-74-27 Amended The Clerk presented for second reading and adoption Ordinance 74-60,.and announced a request had been Ordinance 74-60 received.from William H. Eilers, 610 Newport Center Held Over Drive, Newport Beach, requesting a continuance of this item to December 3, 1974. Mr. Eilers was present and stated his reasons for the request. The Mayor asked if Mr. Eilers would be agreeable to a continuance to December 17, 1974, when a full Council would be pre- sent; and Mr. Eilers responded that this was acceptable. On motion by Councilman:Hammett, seconded by Councilwoman Hertzog, and carried, this item was held over to the meeting of December 17, 1974. Improvements on The Clerk presented from the meeting of November 5, Adams Avenue and 1974, the award of contract for the improvements on Bristol Street Adams Avenue and Bristol Street medians. Bids re - Medians ceived.for this item are on file in the Clerk's office. On motion by Councilman Pinkley, seconded by Council - Bids Rejected woman Hertzog, and carried, all bids were rejected. Business License The Clerk presented from the meeting of November 5, Von Sonn 1974, a request from Edward Von Sonn, Student Home Services, for relief from Section 9-74 of the Municipal Denied Code pertaining to license for distribution of hand- bills. Mr. Von Sonn was present and spoke in support of his request. The Director of Finance explained the requirements of the City in this regard, as outlined in the Municipal Code. Council discussion followed on the Code requirements as they pertain to the various busi- ness operations. On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, Mr. Von Sonn's request was denied -and Council -requested the City Manager and City Attorney, to review Section 9-74C of the Municipal Code in an attempt to develop a more equitable policy. CONSENT. CALENDAR: On motion by Councilman Pinkley, seconded by Councilman Hammett, the following items were removed from the Consent Calendar: Item, 9, a proposed ordinance creating a Commercial Limited (CL) District; Items 10 through 13, Rezone Petitions R-74-35, 36, 37, and 38; and 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 Human Relations A request from the Orange County Division, League of Commission California Cities, for nominees' names for appointment to the Orange County Human Relations Commission, was received and processed. Metropolitan A resolution from the Metropolitan Transportation Transportation Engineering Board requesting the Federal Highway Engineering Administration revise their standards and procedures Board on noise level requirements. on Federal -aid system projects, and requesting Council take similar action, was received and processed. Reading Folder The following -Reading Folder items, in Consent Calendar, were received and processed: Intergovernmental Memorandum from the Intergovernmental Coordinat- Coordinating ing Council of Orange County advising of those Council resolutions on file as of October 31, 1974. Mosquito Abatement Orange County Mosquito Abatement District Minutes District of their 333rd meeting held on October 17, 1974. Public -Utilities Application of The Gray Line Tours Company, Commission before the Public Utilities Commission, for authority under Section 454 of the Public Utilities Code, to.increase its fares. Alcoholic Beverage Alcoholic Beverage License applications for which Licenses. parking has been approved by Planning from: Elma D. and George R. Bryen, doing business at 724 West 19th Street, and South Coast Western, Incor- End - porated, doing business as South Coast Plaza Reading Folder Hotel, 666 Anton Boulevard. Business A request from Newport Harbor Y's Men's Club, 114 23rd Licenses- Street, Costa Mesa, for a Christmas tree lot at 305 East Y's Men's Club 17th Street, December 1 through 24, 1974, was approved. City Motors A request from City Motors, 2748 San Carlos Lane, Costa Mesa, for a Christmas tree lot at 1425 Baker Street, December 5 through 24, 1974, was approved. American Gardens A request from American Gardens Corporation, 2123 New- port Boulevard, Costa Mesa, for a Christmas tree lot at that address, December l through 20, 1974, was approved. Church of A request from the Church of Jesus Christ of Latter -Day Latter -Day. Saints, Newport Beach Ward, Post Office Box 2062, New - Saints port Beach, to paint curb numbers in the City of Costa Mesa, was approved with Section 9-326J of the Municipal Code waived.. Stewart A request from Stewart Equipment Auctioneers (Interna - Equipment tional), Incorporated, Post Office Box 248, Huntington Auctioneers Beach, to hold a one -day equipment auction at the Orange County Fairgrounds, November 20, 1974, was approved. Refunds Refund of a $100.00 Pool Construction Bond to R. W. Knapp, 1066 Redding Avenue, Costa Mesa, on Permit 8052, Knapp as specifications have been met at 2386 Columbia Drive, was approved, as recommended by the Street Superinten- dent, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None -ABSENT: Council Members: None Mizell Refund of a $1,000.00 deposit from Jim Mizell, Mizell and Associates, 445-C East 17th Street, Costa Mesa, as all work and conditions have been completed at 1670 Westminster Avenue in connection with Building Moving Permit 646, was approved, as recommended by the Direc- tof Building Safety, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 19 Artistic Aluminum Refund of $19.00 to Artistic Aluminum, Incorporated, 3621 West Warner Avenue, Santa Ana,.which was an overcharge on Building Permit 39182, was approved, as recommended by the Director of Building Safety, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Higbee Refund of a $250.00 cash deposit from Mel Higbee, 1652 Orange Avenue, Costa Mesa, as landscaping has been installed satisfactorily at 2306 Newport Boule- vard, 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 Claims The following claims received by the Clerk were referred to the City Attorney: Jeff Gregg and E. S. Olrich II. Median Bids received for median modifications on Harbor Modifications Boulevard at Sunflower Avenue are on file in the Harbor Boulevard Clerk's office. On motion by Councilman Pinkley, at Sunflower seconded by Councilman Hammett, the contract was Avenue awarded to Patco, 612 Orchid Avenue, Corona del Mar, in the amount of $8,643.50, being the lowest bid Awarded meeting specifications, by the following roll call Patco vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 259 Bids received for Bid Item 259, one each diesel Diesel Tractor tractor with backhoe', are on file in the Clerk's with Backhoe office. On motion by Councilman Pinkley, seconded by Councilman Hammett, the bid was awarded to A-1 Awarded Equipment Sales Company, 1615 East St. Gertrude A-1 Equipment Place, Santa Ana, in the amount of $29,000.00, being the lowest bid meeting specifications, by the follow- ing roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 255 Bids received for Bid Item 255, 1975 model truck 1975 Model Truck with chipper body, are on file in the Clerk's office. with Chipper Body. On motion by Councilman Pinkley, seconded by Council- man Hammett, all bids were rejected due to the Bids Rejected extended delivery date for propane engine, and rebidding of this item was authorized, by the follow- ing roll call vote:_ AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 262 Bids received for Bid Item 262, triplex greens mower, Triplex Greens are on file in the Clerk's office. On motion by Mower Councilman Pinkley, seconded by Councilman Hammett, - 1 1 Awarded the bid was awarded to B. Hayman Company, Incorpor- B. Hayman ated, 9525 Sorensen Avenue, Santa Fe Springs, in the amount of $3,153.40, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 260 Bids received for Bid Item 260, the furnishing and 28 Tons of spreading of 28 tons of fertilizer for the golf Fertilizer course, are on file in the Clerk's office. On motion by Councilman Pinkley, seconded by Councilman Hammett, Awarded the bid was awarded to Wilbur -Ellis Company, 970 South Wilbur -Ellis Goodrich Boulevard, Los Angeles, in the amount of $6,188.28, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 256 Bids received for Bid Item 256, one fire truck Fire Truck Pumper pumper with elevating platform, are.on file in the with.Elevating Clerk's office. On motion by Councilman Pinkley, Platform seconded by Councilman Hammett, the bid was awarded to Crown Coach Corporation, 2500 East 12th Street, Awarded Los Angeles, in the amount of $81,461.54, being the Crown Coach lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None LaSalle Avenue. Bids received for the LaSalle Avenue storm drain are Storm Drain on file in the Clerk's office. On motion by Council- man Pinkley, seconded by Councilman Hammett, the Awarded contract was awarded to McGuire Construction Company, McGuire Incorporated, 706 South Fee Ana Street, Placentia, Construction in the amount of $379,681.75, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Conference A request for a conference advance for a police Advances officer to attend DOJ Narcotics Investigation Course in Sacramento, November 11 through 22, 1974, in the amount of $270.34, was ratified by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None A request for a conference advance for the Mayor to attend the 50th Congress of Cities in Houston, Texas, November 29 through December 6, 1974, in the amount of $400.00, was approved by the following roll call vote: 1 *4 AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Retirement Plan On motion by Councilman Pinkley, seconded by Council - Amendment man Hammett, Resolution 74-99, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 74-99 AMENDING CERTAIN SECTIONS OF THE RETIREMENT PLAN FOR EMPLOYEES OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Well Inspection On motion by Councilman Pinkley, seconded by Council - Fees man Hammett, Resolution 74-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA FIXING WELL Resolution 74-100 CONSTRUCTION AND ABANDONMENT PERMIT FEES, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Pinkley, seconded by Council- man Hammett, an agreement with the County of Orange relating to Resolution -74-100 was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley., Raciti, Hertzog NOES:. Council Members: None ABSENT: Council Members: None Request to A request from Newport -Mesa Unified School District Annex Bear Street for the City to annex Bear Street School property, was School Property presented. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, the request was approved and the City Manager authorized to proceed. Closure of The Traffic Commission received a request fromnKaren Joann Street Kilstrom, 653 Joann Street, accompanied by a petition with 286 names requesting closure of the easterly Tabled approach of Joann Street to Placentia Avenue, similar to that on the westerly approach; and recommended tabling action until Joann Street is completed. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, this recommendation was approved: Removal of The Traffic Commission recommended removal of time Time Limit limit parking at 131 East 18th Street. On motion by Parking at Councilman Pinkley, seconded by Councilman Hammett, 131 East 18th Resolution 74-101, being A RESOLUTION OF THE CITY Street COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RESTRICTING PARKING ON A CERTAIN.PORTION OF EIGHTEENTH Resolution 74-101 STREET, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Parking The Traffic Commission recommended prohibition of Prohibitions: parking on the easterly curb of Thurin Street, north Thurin Street of Bay Street; Fair Drive between Fordham and Columbia Fair Drive Drives for bike lanes; and Tanager Drive northerly Tanager Drive curb, 70 feet west of Hummingbird Drive. On motion by Councilman Pinkley, seconded by Councilman Hammett, Resolution 74-102 Resolution 74-102, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PRO- HIBITING PARKING ON PORTIONS OF THURIN STREET, FAIR DRIVE, AND TANAGER DRIVE, was adopted by the follow- ing roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Change Order Change Order No. 1 for tree relocation and removal No. l in conjunction with the street maintenance program Street'Maintenance in Mesa Del Mar, was requested due to the necessity Program - Mesa Del to remove additional trees. On motion by Councilman Mar Pinkley, seconded by Councilman Hammett, Change Order Bid Item 241 No. 1, in the amount of $2,235.00, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council.Members: None ABSENT: Council Members: None Notice of The work has been completed by Sully -Miller Contract - Completion ing Company, Post Office Box 432, Orange, to the Placentia Avenue satisfaction of the Director of Public Services, for Street and the Placentia Avenue Street and Storm Drain Improve - Storm Drain ments, 16th Street to 19th Street, AHFP Project 665. Improvements On motion by Councilman Pinkley, seconded by Council- man Hammett, the work was accepted, the Clerk -was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the date the Notice of Completion is filed, by the following roll call vote: AYES: Council Members: Wilson, Hammett,. Pinkley, Raciti, Hertzog, NOES: _Council Members: None ABSENT: Council Members: None Del Mar Avenue The Director of Public Services recommended the Widening Del Mar Avenue widening project into the Federal Aid Urban Funding Program. On motion by Councilman Resolution 74-103 Pinkley, seconded by Councilman Hammett, Resolution 74-103, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN THREE-YEAR.PROGRAM, FISCAL YEARS 1973-74, 1974-75, 1975-76, THE DEVELOPMENT OF DEL MAR AVE- NUE, was adopted 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 A Right of Way Agreement with June and Paul Ready Agreement - for acquisition of right of way on Fairview Road Ready was approved, and the Mayor and Clerk authorized to sign on behalf of the City., by the following roll call vote: tr_!,90 rL Surplus City Property Resolution 74-104 'AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None A proposed resolution regarding surplus City property at 796 Scott Place, was presented. On motion by Councilman Pinkley, seconded by Councilman Hammett, Resolution 74-104, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO DISPOSE OF SURPLUS REAL PROPERTY; DESCRIBING THE LAND TO BE SOLD; SETTING FORTH IN GENERAL TERMS THE INTEREST EASEMENTS OR RESERVATIONS TO BE RESERVED BY THE PUBLIC, IF ANY; SETTING THE TIME AND PLACE OF THE SALE; ESTABLISH- ING TERMS AND CONDITIONS OF THE SALE AND CALLING FOR SEALED BIDS IN WRITING, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Set for Public The following Consent Calendar Items, 9 through 13, Hearing were set for public hearing on December 17, 1974, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: Commercial Limited (CL) District Proposed ordinance creating a Commercial Limited (CL) District. R-74-35 Rezone Petition R-74-35, Costa Mesa Planning Commission, for permission -to rezone property located easterly 5.537 acres (gross) of Tanager School site, Golf Course Drive and Tanager Drive, from Al to Rl. R-74-36 Rezone Petition R-74-36, Costa Mesa Planning Commission, for permission to rezone property located at 1919 to 2101, and 1912 to 2090 Placentia Avenue, from Ml to MG. R-74-37 Rezone Petition R-74-37, Costa Mesa Planning Commission, for permission to rezone property located at 2121 Placentia Avenue, from M1 to C1 -CP. R-74-38 Rezone Petition R-74-38, Costa Mesa Planning Commission, for permission to rezone property located at 2115 Placentia Avenue, from Ml to R4 -CP. Warrant On motion by Councilman Pinkley, seconded by Council - Resolution 857 woman Hertzog, Warrant Resolution 857 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 Raciti, seconded by Council - Resolution 858 man Pinkley, Warrant Resolution 858, including Payroll 7422, was approved by the following roll call vote: I . Ll 1 1 1 J 1 AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Claim - The City Attorney presented the claim of Attorney Gonzales,.Berry, Rubin Tepper, on behalf of Charles Barrios Gonzales, and Battle Sam Wesley Berry, and Henry Lee Battle, and recom- mended. that the claim be denied. On motion by Denied Councilman Pinkley, seconded by Councilman Hammett, and carried, the claim was denied. Santa Ana River The City Manager presented a proposed resolution and Flood Protection a joint powers agreement which establishes a Santa Agency Ana River Flood Protection Agency. On motion by Councilman Pinkley, seconded by Councilman Raciti,. Resolution 74-105 the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City; and Resolution 74-105, being -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE CREATION OF THE SANTA ANA RIVER FLOOD PROTECTION AGENCY, was adopted 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 City Manager presented an agreement with R. W. Agreement - McClellan for the acquisition of right of way for McClellan the extension -of West 17th Street from Superior Avenue to Newport Bouleve.rd. The agreement stipu- lates that in exchange for the necessary right of way, the City will pay to Mr. McClellan $42,500.00 and also install full roadway improvements on West 17th Street between Superior Avenue and Newport Boulevard. On motion by Councilman Raciti, seconded by Councilman Pinkley, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Seventh Day The City Manager presented a request from Newport Adventist Harbor Seventh Day Adventist Church, 271 Avocado Church Street, Costa Mesa, for door-to-door solicitation in conjunction with Christmas caroling from 6:00 p.m. to 9:00 p.m.._, December l through 25, 1974. On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, the request was approved with Section 9-326J of the Municipal Code waived. Business The ,City Manager.presented a request from Fashion License Fabrics, 2300 Harbor Boulevard, for a 45 -day close- out.,sale beginning November 18, 1974. On motion Fashion Fabrics by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the request was approved. Public Hearing The Clerk announced that this was the time and place GP=74-10 set for the public hearing, continued from the meet- ing of November 5, .1974, for General Plan Amendment GP -74-10, to consider.proposed amendments to the Land Use Element of the General Plan in the Downtown Redevelopment Project Area, and in the general area al Resolution 74-106 Public Hearing Santa Ana No. 1 Annexation Resolution 74-107 between Superior Avenue,. 17th Street, Orange Avenue, and the south City limits. A further communication has been received from Dorothy D. and Herbert W. Ward, amending their previous letter, dated October 23, 1974, and requesting their property at 1541 Orange Avenue be classified residential/commercial. A memo dated November 19, 1974, was submitted by the Director of Planning outling amendments to the Central Area Plan as recommended -by staff., Richard Sewell, represent- ing Costa Mesa Tomorrow, addressed himself to this memo, specifically to staff recommendations regarding Pages 14'and 15 of the Central Area Plan. Mr. Sewell felt that the density designation of 25 to 35 units per acre should remain, but a statement be added to allow some latitude should a higher density devel- opment be proposed that would be compatible and beneficial to the Downtown Redevelopment Area. Council discussion followed with regard to this suggestion. On motion by Councilwoman Hertzog, seconded by Councilman Raciti, and carried, the den- sity designation of 25 to 35 units per acre was retained with the addition of the following statement: Any variation from these densities may only be granted by the Redevelopment Agency, subject to site plan review. Mr. Sewell addressed the Council further suggesting amendments to staff recommendations concerning multi -use commercial areas. Bill -Reynolds of Wilsey and Ham recommended the staff wording on this subject'be retained as it allowed more flexibility. Herbert Ward, 212 Rochester Street, owner -of property at 1541 Orange Avenue, re -stated his written request for a residential/commercial designation on his property. Tom Nelson spoke in favor of high density residential development being integrated where recreational and service type facilities are available. There being no other speakers, the Mayor closed the public hear- ing: On'motion by Councilman Raciti, seconded by Councilwoman Hertzog, Resolution 74-106, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -74-10, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted, incorporating the staff's amendments outlined in the Planning Director's memo dated November 19, 1974, and the previously stated Council amendment concerning density designation, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None The Clerk announced that this was the time and place set for the public hearing for hearing protests for proposed improvements in proposed Santa Ana No. 1 Annexation to the Costa Mesa Street Lighting District. The affidavits of posting and publishing are on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Pinkley, seconded by Councilman Raciti, Resolution 74-107, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING NO PROTESTS TO ANNEXATION PROCEEDINGS CONDUCTED, PURSUANT TO STREET LIGHTING ACT OF 1919, BEING PART 1 OF DIVISION 14, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFOR- NIA, AND DECLARING CERTAIN PROPERTY ANNEXED TO SAID STREET LIGHTING DISTRICT, was adopted by the following roll call vote: 11 1 AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES:, Council Members: None ABSENT: Council Members: None On motion.by Councilman Pinkley, seconded by Council - Resolution 74-108 woman Hertzog, Resolution 74-108, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, INCLUDING SANTA ANA NO. 1 ANNEXATION IN THE TAX LEVY FOR THE 1975-1976 FISCAL YEAR FOR THE COSTA MESA"STREET LIGHTING DISTRICT, was adopted 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 Mayor announced that this was the time and place Consolidation of set for the public hearing to consider a proposed Park.and Recreation ordinance accomplishing functional consolidation of District to City the City of Costa Mesa and the Costa Mesa Park and Recreation District. The affidavit of publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Pinkley, seconded by Councilman Raciti, Ordinance.74-62 Or 74-62, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY -OF COSTA MESA ACCOMPLISHING A FUNCTIONAL CONSOLIDATION BETWEEN THE CITY OF COSTA MESA, A LOCAL AGENCY, AND THE COSTA MESA PARK AND RECREATION DISTRICT, A LOCAL AGENCY, FOR PURPOSES OF PROVIDING SUFFICIENT TAX REVENUE FOR THE OPERATION OF SAID DISTRICT WITHIN THE LIMITATIONS ESTABLISHED . BY CHAPTER 3, ARTICLES 1 THROUGH 9, SECTIONS 2201 THROUGH AND INCLUDING 2326, REVENUE AND TAXATION CODE, 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 Public Hearing The Mayor announced that this was the time and place Consolidation of set for the public hearing to consider a proposed Street Lighting ordinance accomplishingfunctional consolidation of District to City the City of Costa Mesa and the Costa Mesa Street Lighting District. The.affidavit of publication is ~on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Pinkley., seconded by Councilwoman Hertzog, Ordinance 74-63 Ordinance 74-63, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA ACCOMPLISHING A FUNCTIONAL CONSOLIDATION BETWEEN THE CITY OF COSTA MESA, A LOCAL AGENCY, AND THE COSTA MESA STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, A LOCAL AGENCY, FOR PURPOSES OF PROVIDING SUFFICIENT TAX REVE- NUE FOR THE OPERATION OF SAID DISTRICT WITHIN THE LIMITATIONS ESTABLISHED BY CHAPTER 3, ARTICLES 1 THROUGH 9, SECTIONS 2201 -THROUGH AND INCLUDING 2326, REVENUE AND TAXATION CODE, 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 Public Hearing The Mayor announced that this was the time and place Governmental set for the public hearing to consider a proposed Reorganization ordinance accomplishing governmental reorganization of the City and of the City of Costa Mesa and the Costa Mesa Park the Park and and Recreation District. The affidavit of publication Recreation is on file in the Clerk's office. No communications District have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Councilman Raciti, Ordinance 74-64 Ordinance 74-64, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA ACCOMPLISHING A GOVERNMENTAL REORGANIZATION OF THE CITY OF COSTA MESA, A LOCAL AGENCY, AND THE COSTA MESA PARK AND RECREATION DISTRICT, A LOCAL AGENCY, FOR PURPOSES OF PROVIDING SUFFICIENT TAX REVENUE FOR THE OPERA- TION OF SAID DISTRICT WITHIN THE LIMITATIONS ESTABLISHED BY CHAPTER 3, ARTICLE 1 THROUGH 9, SECTIONS 2201 THROUGH AND INCLUDING 2326, REVENUE AND TAXATION CODE, 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 Public Hearing The Mayor announced that this was the time and place Governmental set for the public hearing to consider a proposed Reorganization ordinance accomplishing governmental reorganization of the City and of the City of Costa Mesa and the Costa Mesa Street the Street Lighting District. The affidavit of publication is Lighting District on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Councilman Raciti, Ordinance 74-65 Ordinance 74-65, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA ACCOMPLISHING A GOVERNMENTAL REORGANIZATION OF THE CITY OF COSTA MESA, A LOCAL AGENCY, AND THE COSTA MESA STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, A LOCAL AGENCY, FOR PURPOSES OF PROVIDING SUFFICIENT TAX REVENUE FOR THE OPERATION OF SAID DISTRICT WITHIN THE LIMITATIONS ESTABLISHED BY CHAPTER 3, ARTICLES 1 THROUGH 9, SECTIONS 2201 THROUGH AND INCLUDING 2326, REVENUE AND TAXATION CODE, was given first reading and passed to second reading by the follow- ing 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 Final EIR for set for the public hearing to consider the Final Janes Company Environmental Impact Report for the Janes Company Bluffs Bluffs Development, located at 2151-2165 Pacific Development Avenue. The affidavit of publication is on file in the Clerk's office. No communications have been received. Jim Rossman, 2157 Pacific Avenue, addressed the Council in regard to this item and the following public hearing concerning a rezone petition directly 1 1 205. related to this matter. He stated his opposition to the proposed development and the proposed annexation which would bring this property into the City of Costa Mesa. He further stated that he would like to see this property retained for open space. Mike Janes, 1947 Killdeer Circle, Costa Mesa, stated that the proposed density for this development is less than the zoning.permits, and that there is an existing park in this area. The following persons spoke in opposition to the pro- posed project for various reasons, including the increased traffic and project density: Charles Gardner, 2191 Pacific Avenue; Michael Yeargan, 2187 Pacific Avenue; Les Henry, 2173 Pacific Avenue, representing Motor Investment Corporation; James Jennings, 2157 Pacific Avenue; Cathy Palmer, 915 West Wilson Street; David Lorenzini, 2087 Valley Road; and Michael Morrison, 2201 Pacific Avenue. The City Engineer stated that the widening of Victoria Street, including the bridge section, is planned in about two years, and the bluff road will be developed with the project. The following per- sons raised questions on the adequacy of the EIR and also felt these reports should be readily available to the public: Gary Van Amerongen, 2220 Pacific Avenue; Larry Ross, 2157 Pacific Avenue; - Charles Gardner, 2191 Pacific Avenue; James Jennings, 2157 Pacific Avenue; and Verlyn Marth, 3197 Cape Verde Place. In response, the City Attorney read the requirements, as outlined in the Government Code, for preparation of an EIR; and the Director of Planning stated that EIR's.may be reviewed in the Planning Department. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, Councilman Raciti voting no, the report was accepted as meet- ing the requirements of the law. Public Hearing The Mayor announced that this was the time and place R-74-33 set for the public.hearing to consider Rezone Petition R-74-33, Costa Mesa Planning Commission, for permission to pre -zone property located at 2155 Pacific Avenue, from County R4 to City R3 -CP. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Mayor stated all testimony in connection with the Final EIR for the Janes Company Bluffs Development, which relates to this item, will be taken into consideration by the Council in making their deter- mination. Gary Van Amerongen, 2220 Pacific Avenue, asked questions concerning annexation law which were answered by the City Attorney. He further questioned why the petition requested an R3 zoning when R2 would be compatible with the proposed project. Discussion followed on this item and the applicant indicated he would be agreeable to an R2 designation. Michael Yeargan, 2187 Pacific Avenue, spoke in opposition to the proposed annexation of this property to the City. Verlyn Marth, 3197 Cape Verde Place, spoke of zoning being used to preserve areas the way the inhabitants want it. Theo Fulbright, 2221 Pacific Avenue, objected to the density of the proposed project and felt this property should be zoned to prevent this type development. George Maschmeyer, Costa Mesa, spoke of the differences between the County and the Ordinance 74-66 First Reading Public Hearing R-74-34 Ordinance 74-67 First Reading City with regard to density allowance and restric- tions in the development of the proposed project. There being no other speakers, the Mayor closed the public hearing. Councilman Hammett asked the applicant if he would be agreeable to amending his request from R3 -CP to R2 -CP, and Mr. Janes indicated this would be acceptable. On motion by Councilman. Hammett, seconded by Councilman Pinkley, and carried, the Rezone Petition was amended to request R2 -CP. On motion by Councilman Hammett, seconded by Councilman Pinkley, Ordinance 74-66, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PREZONING CERTAIN UNINCORPORATED TERRITORY ADJOINING THE CITY BOUNDARY FROM COUNTY R4 TO CITY R2 -CP, 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 The Clerk announced that this was the time and place set for the public hearing to consider Rezone Petition R-74-34, Costa Mesa Planning Commission; for permis- sion to rezone property described as Newport Mesa Tract, Lots 1207, 1208,'and 1209, in the general area of Whittier Avenue and West 17th Street, from Ml to MG. The affidavit of publication is on file in the Clerk's office. Communications in opposition to the rezone have been received from William H. Holmes, Holmes Fiberglass Boat Company, 931 Sunset Drive, Costa Mesa; Mrs. Margaret W. Hjorth, 4999 Kahala Avenue, Apartment 412, Honolulu, Hawaii; and'Richard and Bobbie DeFir, 963 Coronado Drive, Costa Mesa. Both Mr. Holmes and Mrs. Hjorth request that the Ml zoning remain. Communications in favor of the rezone have been received from E. T. Burr and Son Roofing, 1712 Whittier Avenue, Costa Mesa; and three communi- cations from Helen Wada, 4401 Stinson Drive West, Columbus, Ohio. Larry Larsen; 11161 Wickford Drive, Santa Ana, representing the Ikeda Family, who own a considerable amount of the property in question, stated their request for MG zoning. Clarence Turner, 886 West 16th Street, Newport Beach, representing Helen Wada and Margaret Hjorth, restated Mrs. Wada's request for MG zoning on her property. Mr. Turner also spoke on behalf of Howard Carson who is favor of MG zoning for this property. Dave Salcido, 954 West 17th Street, spoke in opposition to the MG zoning for the property in question. Ed McFarland, 1697 Oahu Place, Costa Mesa, spoke in favor of using ML zoning in those areas where residential properties adjoin. Mr. Larsen spoke again stating that it will cause a great financial hardship to Mr. Ikeda if his property is'zoned anything but MG. After discussion, a motion by Councilman Raciti, seconded by Councilman Pinkley, to rezone the subject property to ML, failed to carry, Councilwoman Hertzog and Councilmen Hammett and Pinkley voting no. After further discussion, on motion by Councilman Hammett, seconded by Councilman Pinkley, Ordinance 74-67,'being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE -ZONING OF LOTS 1207, 1208, AND. 1209, NEWPORT MESA TRACT, FROM Ml TO MG, was given first reading and passed to second reading by the follow- ing roll call vote: 1 1 1 6-.% ®7 AYES: Council Members: Hammett, Pinkley, Hertzog NOES: Council Members: Wilson, Raciti ABSENT: Council Members: None Alignment Study The Alignment Study for the widening of 19th Street Widening of from Park Avenue to Fullerton Avenue was presented. 19th Street The Director of Public Services summarized the alignment study and recommended that the concept outlined in Plan C be approved. The following persons asked questions concerning the proposed project: George Maschmeyer, Costa Mesa; Harvey Summers,.1709 East Bay Front, Balboa; Dorothy Hoyle, 1943 Maple Avenue; George McDonnell, 1271 Adair Place, Anaheim; and Mr. Lippert with the Atlantic Richfield Company. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the City staff were authorized to proceed based on Alignment Plan C. Tentative Map The Clerk presented Tentative Map of Tract 8798, Tract 8798 Buccola Company, 4501 Birch Street, Newport Beach, Buccola to divide property into 26 lots, located at the northeast corner of Golf Course Drive and.Tanager Drive. The Planning Commission recommended approval subject to conditions. The applicant was present and agreed to all conditions. Dick Hunsacker, with VTN Engineering, raised a point of clarification on the width of the street. On motion by Mayor Wilson, seconded by Councilman Pinkley, and carried, the request was approved subject to conditions as recommended by the.Planning Commmission, with any deviation on the width of the street to be approved by the Planning Director and Director of Public Services. ZE-74-90 The Director of Planning presented from the meeting Tiny Naylor's of November 5, 1974, application for Zone Exception ZE-74-90, Tiny Naylor's, 5650 West Centinela Avenue, Held Over Los Angeles, for permission to construct and install one monument type sign eight feet overall height and 30 feet square, where a sign of 15 square feet and seven feet in height is permitted upon property with 134 feet of street frontage, located at 3099 Bristol Street, in a Cl zone. The Planning Commission recommended denial. A communication has been re- ceived from the applicant requesting this matter be continued until further notice. On motion by Coun- cilman Hammett, seconded by Councilwoman Hertzog, and carried, this item was held over to February 18, 1975. ZE-73-45 Amended The Director of Planning presented an application for Smith Zone Exception ZE-73-45,.Amended, Robert J. Smith, 2387 Westminster Avenue, Costa Mesa, for permission Held Over to continue to operate a Day Care Center for a maxi- mum of 10 children in an R1 zone., located at that address. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, this item was held over to the meeting of January 21, 1975. ZE-74-93 The Director of Planning presented an application for VaVerka Zone Exception.ZE-74-93, Richard -A. VaVerka; 1555 Baker Street, Costa Mesa, for permission to construct a 1,938 square foot single -story office building to meet CP standards in an AP -CP zone, located at 276 Victoria -Street. The Planning Commission recommended approval subject to conditions. No communications have been received. Kenneth Wayman, 3192 Sicily Avenue, Costa Mesa, representing the applicant, ex- pressed their agreement with all the conditions with the exception of No. 4. Richard VaVerka also expressed disagreement with Condition No. 4. After discussion, on motion by Councilman Pinkley, seconded by Councilwoman Hertzog, and carried, Councilman Raciti voting no, the application was approved subject to conditions as recommended by the Planning Commission, with the deletion of Condition No. 4. Extension of The Director of Planning presented a request from Temporary Trailer Juggert, VaVerka and: Wayman, 1555 Baker Street, Permit - VaVerka _Costa Mesa, for a six-month extension of their permit for a temporary office trailer at that address. The Planning and Building Safety Depart- ments recommended approval. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the request was approved. ZE-74-94 The Director of Planning presented an application for Data Technology Zone Exception ZE-74-94, Data Technology Corporation, 3120 Airway Avenue, Costa Mesa, for permission to allow a 30 percent reduction in parking (130 required - 90 provided) to permit construction of equipment and storage sheds in an MP zone,.located at that address. The Planning Commission recommended approval subject to conditions. No communications have been received. Councilmen Pinkley and Raciti spoke in opposition to the request. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, Councilmen Pinkley and Raciti voting no, the application was approved subject to conditions as recommended by the Planning Commission. ZE-74-95 The Director of Planning presented an application for Vanderpool Zone Exception ZE-74-95, Everett Vanderpool, 507 Sturgeon Drive, Costa Mesa, for permission to encroach into the required rear yard for construction of a 15 -foot, 6 -inch by 34 -foot screened patio cover in an Rl zone, located at that address. The Planning Com- mission recommended approval. No communications have been received., On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the application was approved. Oral Verlyn Marth, Costa Mesa, expressed his disapproval Communications with the pattern of development in the City of Costa Mesa. Mr. Marth continued to speak beyond the allotted time and was called out of order, but did not leave the podium. The Mayor adjourned the meeting at 11:25 p.m. to the first floor Conference Room, and reconvened in the Council Chambers at 11:28 p.m. Kathy Palmer, 915 West Wilson Street, expressed her concern with the City Manager's comments regarding why industrial businesses are leaving the City. Ed McFarland, Costa Mesa, expressed the hope that Council would direct staff to place,the CP designa- tion on those properties in the City currently zoned R2, R3, and R4. Councilmanic Councilman Pinkley spoke in favor of developing a Comments plan, including eligibility criteria, for the spending of revenue sharing funds. Mayor Wilson announced the resignation of Vice Mayor Hammett from ICC as the Vice President and Council representative. In light of this, the Mayor appointed Councilwoman Hertzog,to this committee, and he will serve as alternate. On motion by Councilman Raciti, seconded by Council- woman Hertzog, and carried, Paul Brecht was appointed to the Beautification Committee. Adjournment At 11:40 p.m., the Mayor adjourned the meeting to November 25, 1974, at 7:30 p.m., in the first floor Conference Room. M or of the City of Costa Mesa ATTEST: l City Clerk of the City of Costa Mesa J 1