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HomeMy WebLinkAbout01/21/1975 - City Council449 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 21, 1975 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m.,. January 21, 1975, 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 Girl Scout Troop 836, and Invocation by the Reverend Joseph Jeffreys, Seventh Day Adventist Church. Roll Call Council Members Present: Wilson, Hammett, Pinkley, Raciti, Hertzog Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk Minutes The Mayor declared the Minutes of the regular meeting January 7, 1975 of January 7, 1975, the special meeting of January 14, January 14, 1975 1975, and the adjourned meeting of January 16, 1975, January 16, 1975 approved as distributed and posted as. there were no corrections. Proclamation On motion by Councilman Hammett, seconded by Mayor Jaycee Week Wilson, and carried, a Proclamation declaring January 19 through 25, 1975, as Jaycee Week in the City of Costa Mesa, was approved. Orange County The Mayor read a proposed resolution regarding develop - Airport ment of the Orange County Airport facility and Facility discussed the need to plan ahead for a complete and efficient transportation system, taking into consider- ation, and including, freeway access to and from the airport. On motion by Mayor Wilson, seconded by Resolution 75-10 Councilman Hammett, Resolution 75-10, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA URGING THE ORANGE COUNTY BOARD OF SUPERVISORS TO DEVELOP COMMERCIAL AIR FACILITIES ON THE WESTSIDE OF THE ORANGE COUNTY AIR- PORT; STATING REASONS THEREFOR; AND OFFERING THE SUPPORT OF THE CITY OF COSTA MESA FOR THIS PROJECT, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Community Mayor Wilson introduced members of the newly -formed Development Community Development Committee, and thanked them on Committee behalf of the Council, for their willingness to serve Appointed the community. On motion by Mayor Wilson, seconded by Councilman Pinkley, and carried unanimously, the following members were appointed for a two-year term: Wilbur L. Davis, Ruth Frisch, Earl W. Isbell, Paul H. Kugler, Boyd L. McCullough, Frank R. Murrillo, Mike W. Ogden, Jon David Schorle, Mary T. Smallwood, with John L..Buller, Michael T. McLaughlin, and Jerome Vandewalle, to serve as alternates; The City Council representative, Norma Hertzog, was appointed for a term of one year with Jack Hammett to serve as alternate; and the Planning Commission representative, Chick Clarke was appointed for a term of one year with Arlene Schafer to serve as alternate. Ordinances On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, all ordinances will be read by title only. R-74-43 On motion by Councilman Hammett, seconded by Councilman Pinkley, Ordinance 75-2, being AN ORDINANCE OF THE CITY Ordinance 75-2 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Adopted THE -ZONING OF PROPERTY BOUNDED BY POMONA AVENUE, SUPERIOR AVENUE, AND SEVENTEENTH STREET, FROM M1 TO MG, was given second reading and adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti,. Hertzog NOES: Council Members: None ABSENT: Council Members: None Santa Ana River On motion by Councilman Pinkley, seconded by Councilman Flood Protection Raciti, and carried, the appointment of Mayor Robert M. Agency Wilson to the Santa Ana River Flood Protection Agency was ratified effective December 18, 1974. CONSENT CALENDAR: The following items were removed from the.Consent Calendar: Item 5 in the Reading Folder, a letter from Mrs. Darrilyn J. Oliver; Item 4, ` a request for trailer permit from Spoiler Yachts.; - Item 8, General Plan Amendment GP -74-04; Item 11, Final EIR for General Plan Amendment GP -75-1B; and Item 12, General Plan Amendment GP -75-1B. On motion by Councilman Raciti, seconded by Councilman Pinkley, 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 Public Utilities An Application and Notice of Hearing before the Public Commission Utilities Commission from Southern California Edison Company, for authority to make effective a change in fuel cost adjustment billing factor in its tariffs to offset increased fuel costs, was received and processed. Orange County A resolution from the City of Garden Grove, recommend - Transit District ing election by the people of Orange County Transit Directors District Directors, was presented. On motion by Councilman Raciti, seconded by Councilman Pinkley, Resolution 75-11 Resolution 75-11, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECOMMENDING THAT ORANGE COUNTY TRANSIT DISTRICT DIRECTORS BE ELECTED BY A VOTE OF THE PEOPLE, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: South Coast The following resolutions were received Regional Coastal regarding the South Coast Regional Coastal Commission Commission: 40 (a) Resolution from the City of Lomita opposing -the South Coast Regional x..' Coastline Commission's powers, funding, and government element. (b) Resolution from the City of Santa Monica stating its position on the powers,funding, and government element of the South Coast Regional Coastal Commission. The Costa Mesa City Council adopted similar Resolution 75-6 on January 7, 1975. Public Utilities Interim Order from the Public Utilities Commis - Commission sion in the matter of The Gray Line Tours Company, authorizing certain increased fares and tariff publications. Intergovernmental Memorandum from the Intergovernmental Coor- Coordinating dinating Council of Orange County advising of Council those resolutions on file as of December 13, 1974. Mosquito Orange County Mosquito Abatement District Abatement minutes of their 335th meeting, held on District December 19, 1974. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: Robert D. Schriefer and Charles E. Walker II, doing business as Roads End, 1830 Newport Boulevard; The Meating Place, Incor- porated, doing business at 2915 Bristol Street; Arthur W. Murray, doing business at Buildings 127, 128, and 129, 1525 Mesa Verde Drive East; Marion E. Bowen and Robert F. Jackson, doing business at 88 Fair Drive; Walter E. Durden, doing business as Snoopys, 2000 North Newport Boulevard; Marcon, Incor- porated, doing business as The Bold Knight, 330 East 17th Street; Gordon R. Hanshaw and James A. Trent, doing business at 1746 Placentia Avenue; Niranjan C. Rawal, doing business at 840 West 19th Street; and Edwin End - Buhagiar, doing business at 1550 Superior Reading Folder Avenue. Business A request from Joseph M. Quinones, owner, Sea Breeze, Licenses 541 West 19th Street, for one pinball machine, one Sea Breeze pool table, and one shuffleboard, was approved. Interiors A request from Eanos T. Evans, owner, Interiors by by Tomi Tomi, 1638 Babcock Street, Costa Mesa, for a parking lot sale February 27 and 28, 1975, was approved. Lessard A request from John F. Lessard, Orange County Gun and Collectors Show, 18147 Newburgh Street, Azusa, to hold a show at the Orange County Fairgrounds, February 8 and 9, 1975, was approved. Set.,for Public The following items were set for public hearing on Hearing February 4, 1975, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: Final EIR-for Final Environmental Impact Report.for General GP -75-1A Plan Amendment GP -75-1A, for the Paulo Theatre property, located at the northwest corner of Paularino Avenue and Newport Boulevard, from 252 Low Density Residential,,.4 to 7..9 dwelling units per acre, to High Density Residential, 15 to 30 dwelling units per acre. GP -75-1A General Plan Amendment GP -75-1A, Costa Mesa Planning Commission, to consider a proposed amendment to the General Plan on the Paulo Theatre property, located at the northwest corner of Paularino Avenue and Newport Boule- vard, from Low Density Residential, 4 to 7.9 dwelling units per acre, to High Density Residential, 15 to 30 dwelling units per acre. GP -75-1D General Plan Amendment GP -75-1D, Costa Mesa Planning Commission, to amend GP -73-02 to include the Planned Development Zones (PDR -LD, PDR -MD, PDR -HD, PDC, and PDI), and the Commer- cial Limited Zone (CL), in the Table. establishing consistency based on appropriate zoning classifications. R-75-01 Rezone Petition R-75-01, Costa Mesa Planning Commission, for permission to rezone property located at 782 Presidio Drive, and at 2709 and 2729 Bristol Street, from RI to CL (Commercial Limited) into conformance with the General Plan. Proposed Street Proposed street name change of 22nd Street, Name Change from Newport Boulevard easterly to Santa Ana Avenue, to Victoria Street. Refund Refund of $15.00, as recommended by the Superintendent of Recreation, to Clarene Slinkard, 3060 Gibraltar Slinkard Avenue, Costa Mesa, for Dry Land Ski Class which she was unable to attend, was approved 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: Anita Jeanne Roy, County of Orange,. Thomas Raymond Martin III, and Gary Ambrose. ZE-73-01 The improvements in connection with ZE-73-01, located Jehovah's on Park Drive south of 18th Street and east of Pomona Witnesses Avenue, have been completed by Jehovah's Witnesses, 3216 Delaware Place, Costa Mesa, to the satisfaction of the Director of Public Services. On motion by Councilman Raciti, seconded by Councilman Pinkley, the work was accepted and the bonds were ordered exonerated by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ZE-73-42 The improvements in connection with ZE-73-42, located Mesa Verde Drive at the southwest corner of Mesa Verde Drive East and Plaza Harla Avenue, have been completed by Mesa Verde Drive Plaza, 1525 Mesa Verde Drive East, to the satisfac- tion of the Director of Public Services. On motion by Councilman Raciti, seconded by Councilman Pinkley, 1 the work was accepted and the bonds were ordered exonerated by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ZE-73-07 The improvements in connection with ZE=73-07, located State Farm at Sunflower Avenue and Hyland Avenue, have been 'Insurance completed by State Farm Insurance Company, One State Farm Plaza, Bloomington, Illinois, to the satisfac- tion of the Director of Public Services. On motion by Councilman Raciti, seconded by Councilman Pinkley, the work was accepted and the bonds were ordered exonerated by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Final Map of On motion by Councilman Raciti, seconded by Councilman Tract 8712 Pinkley, Final Map of Tract 8712, Lin Verrico, 1330 Verrico Sao Paulo Street, Placentia, developer, one lot, 0.466 acres, located at 594 Hamilton Street, was approved; the Council did accept on behalf of the public for street purposes, Hamilton Street, and did also approve said map pursuant to Section 11587 (a) of the Subdivi- sion Map Act; and the Clerk was 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 Drainage Fee The Director of Public Services recommended reimburse - Reimbursements ment of drainage fees paid within Area XII of the Master Plan of Drainage, under the provisions of Canon Optics and Ordinance 74-52. On motion by Councilman Raciti, Business Machines seconded by Councilman Pinkley, reimbursement of fees to Canon Optics and Business Machines Company, Incor- Brinderson porated., 123 Paularino Avenue, Costa Mesa, in the Mechanical amount. of $1,797.49; and to Brinderson Mechanical . Corporation Corporation, 100 East Baker. Street, Costa Mesa, in the amount of $1,834.56, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Improvement of On motion by Councilman Raciti, seconded by Councilman Santa Ana -Delhi Pinkley, the plans and specifications for the con - Channel struct-ion of that portion of Santa Ana -Delhi Channel, from Anton Boulevard to Sunflower Avenue, and Santa Ana Gardens Channel at Sunflower Avenue, by the Orange County Flood Control District, were approved in accordance with the Orange County Flood Control Act, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ,01 Chamber of A request for Commerce the Chamber of Yellow Book $1,510.00, was vote: the City of Costa Mesa to advertise in Commerce Yellow Book, at a cost of approved by the following roll call AYES: Council Members:. Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Conference A request for the Assistant City Attorney to attend Advances the Institute on Labor Relations for City Officials in San Francisco, February 5, 6, and 7, 1975, was approved in the amount of $150.00, 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 Police Sergeant to attend the Twenty -Sixth Annual Juvenile Training Seminar in Monterey, March 18 through 21, 1975, was approved in the amount of $155.00, 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 the City Manager to attend League of Cities City Managers' Spring Conference in Monterey, February 19 through 21, 1975, was approved in the amount of $150.00, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 271 Bids received for Bid Item 271, pickup brooms for Pickup Brooms mobile street sweepers, are on file in the Clerk's office. On motion by Councilman Raciti, seconded Awarded by Councilman Pinkley, the bid was awarded to Valley Valley Industrial Industrial Products, Incorporated, Post Office Box Products 72, Belle Mead, New Jersey, in the amount of $7,070.80, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: Wilson; Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Police A request'to register six police officers in the Motorcycle Police Motorcycle Officers Training Course at the Officers Orange County International Raceway, January 6 Training through 17, 1975, at a cost of $3,919.00, was Course approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 1 1 1 Budget The City Manager recommended approval of a Budget Adjustment Adjustment to permit the City to reinstitute the No. 155 street sweeping program to its full level of service in accordance with the request of numerous citizens. On motion by Councilman Raciti, seconded by Council- man Pinkley, Budget Adjustment No. 155 in the amount of $10,682.00, was approved by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Presentation of Item 5 in the Reading Folder of the Consent Calendar, Cookie Lift Plaque a letter from Mrs. Darrilyn J. Oliver, 3077 Yukon Avenue, Costa Mesa, describing her stay in Italy and including a Christmas poem written by her former neighbor in that Country, was presented. Mrs. Oliver read the Christmas poem from her letter and displayed a "quilted angel" which she made in a quilting class. Mrs. Oliver introduced Mildred.Matthews, President of the Costa Mesa Historical Society, and presented to her the Cookie Lift Plaque which she received in con- nection with that program in 1969. Trailer Permit Item 4 on the Consent Calendar, a request from. Spoiler Yachts Spoiler Yachts,.Incorporated, Post Office Box 2289, Costa Mesa, for a temporary trailer office until a permanent structure can be completed, to be located at 1550 Newport Boulevard, was presented. On motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, the request was approved and an addi- tional request for a review of the parking at this location was referred to the Traffic Commission for recommendation. Hearings Set Items 8, 11, and 12 on the Consent Calendar, being respectively, General Plan Amendment GP -74-04, Final Environmental Impact Report for General Plan Amend- ment GP -75-1B, and General Plan Amendment GP -75-1B, were presented. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, these items, more fully described as follows, were set for public hearing on April 15, 1975, at 6:30 p.m. in the Council Chambers of City Hall: GP -74-04 General Plan Amendment GP -74-04, Amended, Costa Mesa Planning Commission, to consider proposed amendments to the General Plan on the property south of Victoria Street, north of Hamilton Street, and east of Victoria School, from Low and Medium Density Residential to Light Industry, Neighborhood Commercial, and Medium Density Residential. Final EIR for Final Environmental Impact Report for General GP -75-1B Plan Amendment GP -75-1B, located at 1866, 18805. and 1882 Whittier Avenue, from High Density Residential to Light Industry. GP.=75-1B General Plan Amendment GP -75-1B, Costa Mesa Planning Commission, to consider a proposed amendment to the General Plan on property located at 1866, 1880, and 1882 Whittier Avenue, from High Density Residential to Light Industry. Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 867 Raciti, Warrant Resolution 867 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 Hammett, seconded by -Council - Resolution 868 woman Hertzog, Warrant Resolution 868, including Payroll 7501, 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 Mark Allen Rogers Rogers, and recommended that it be denied as there was no liability on the part of the City. On motion Denied by Councilman Pinkley, seconded by Councilman Raciti, and carried, the claim was denied. Comprehensive The City Attorney recommended a waiver of the bidding Employment process for the leasing of equipment in connection Training Act with the CETA Program. On motion by Councilwoman Hertzog, seconded by Councilman Raciti, a Minute Minute Resolution Resolution declaring an emergency, authorizing expen- ditures under Section 37906, Government Code, for Comprehensive Employment and Training Act.(CETA) equipment, was adopted by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Uniform Codes On motion by Councilman Pinkley, seconded by Council- woman Hertzog, Ordinance 75-3, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING Ordinance 75-3 BY REFERENCE THE 1973 EDITIONS OF THE UNIFORM BUILDING First Reading CODE, THE UNIFORM MECHANICAL'CODE, THE UNIFORM HOUSING CODE AND THE 1975 NATIONAL ELECTRICAL CODE AND CERTAIN MODIFICATIONS AND AMENDMENTS TO SAID CODES, 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 Bicentennial The City Manager presented a -request from the Committee Bicentennial Committee for City sponsorship of a reprint of "Slice of Orange" Bicentennial Issue, Held Over 2,000 copies at $7..50 each, for a total of $15,000.00 advance for publication; and a request for $8,100.00 for operation of the Committee for the remainder of fiscal,year 1974-75. Don Bull, representing the Bicentennial Committee, was present and responded to questions from the Council concerning these requests. After discussion, on motion by Councilman Hammett, seconded by Mayor Wilson, and carried, these items were held over to the Council Study Session to be held on February 2, 1975. 1 1 1 Business License The.City_Manager presented a request from the Newport NewportHarborHarbor Jaycees for a two-day rodeo at the Orange Jaycees County Fairgrounds, April 5 and 6, 1975, and recom- mended that Council waive 25 percent of the business license fee. On motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, the request was approved as recommended by the City Manager. _ Public Hearing The Clerk announced that this was the time and place Final EIR for set for the public hearing for the Final Environmental GP-74-04 Amended Impact Report for General Plan Amendment GP-74-04, Amended, located south of Victoria Street, north of Held Over Hamilton Street, and west of Victoria School, from Low and Medium Density Residential to Light Industry, Neighborhood.Commercial, and Medium Density Residen- tial. The affidavit of publication is on file in the Clerk's office. A communication has been received from Roger 0. Wells, 1170 Gleneagles Terrace, Costa Mesa, requesting that if further development is permitted in this area, a condition should be imposed to require construction of a solid block wall to buffer noise. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, and carried, this item was held over, at the recommendation of the Planning Director, to the meeting of February 4, 1975. Public Hearing The Clerk announced that this was the time and place R-74-44 set for the public hearing for Rezone Petition R-74-44, Kaiser-Aetna Kaiser-Aetna Joint Venture Division, Post Office Box 12972, Oakland, for permission to change the zoning classification of parcels located in the vicinity of Victoria Street and the Santa Ana River, precise boundaries are described in the Petition on file in the Clerk's office, from R1W and R4W to PDR-LD (37 acres), C2 to PDR-LD (3.9 acres), R1W to PDR-MD (78.96 acres), Cl to PDR-LD (6.8 acres), R4W to-PDR-LD (1.8 acres), M1 to PDR-LD (24 acres), and Ml to PDR-MD (11 acres). A Negative Declaration has been issued by the Environ- mental Evaluator. The affidavit of publication is on file in the Clerk's office. Communications have been received in opposition to the proposed rezones from the following persons: Ralph A. Taylor, 2257 Pacific Avenue, Costa Mesa; Mary Measor, 2209 Pacific Avenue; Bill Kramer, 2253 Pacific Avenue; R. Evelyn Alvard and Ruby E. Alvard et al, 2219 Pacific Avenue; Mrs. Wayne G. Barnes, Post Office Box 53, Costa Mesa; Mr. and Mrs. Paul H. Weaver, 2211 Pacific Avenue; Mr. and Mrs. J. Elmer Patterson, 2287-89 Pacific Avenue; and Wayne Barnes, Post Office Box 1, Costa Mesa. Steve Kellogg, from the firm of Danielian, Moon, Sampieri, and ILG, Architects-Planners, representing the applicant, spoke in support of the request and outlined the timetable for development of this property. Councilman Hammett felt it should be made very clear to the developer that City plans include a marina in this area and development of the subject property should definitely tie in with this concept. There being no other speakers, the Mayor closed the public hearing. On motion by.Councilman Raciti, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was accepted, and Ordinance 75-4, being AN Ordinance 75-4 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA First Reading MESA, CALIFORNIA, CHANGING THE ZONING OF PARCELS IN THE VICINITY OF VICTORIA STREET AND THE SANTA ANA RIVER FROM R1W, R4W, Cl, C2, and M1 TO PDR-LD AND PDR-MD, 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 Clerk announced that this was the time and place R-74-45 set for the public hearing for Rezone Petition R-74-45, Costa Mesa Planning Commission, for permission to rezone property located south of -Hamilton Street, west of Canyon Drive, north of the City limits, from M1 to PDR -MD, Planned Development Residential -Medium Density. A Negative Declaration has been issued by the Environ- mental Evaluator. The affidavit of publication is on file in the Clerk's office. A communication has been received from Delbert V. and Margaret M. Davenport, 2727 De Anza Road, Space P-3, San Diego, in opposition to the request. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Ordinance 75-5 Hammett, seconded by Councilwoman Hertzog, the Negative First Reading Declaration of Environmental Impact was accepted, and Ordinance 75-5, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA SOUTH OF HAMILTON STREET, WEST OF CANYON DRIVE, AND NORTH OF THE.CITY LIMITS, FROM Ml TO PDR -MD, 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 Tentative Map The Clerk presented Tentative Map of Tract 8858, Tract 8858 State Wide Developers, Incorporated, 9461 Grindlay State Wide Street, Cypress, for permission to create a subdivision Developers for condominium purposes, located at the northwest corner of Sunflower Avenue and Bear Street. The Plan- ning Commission recommended approval subject to the conditions contained in the Planning Department's letter of January 8, 1975. .On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the application was approved subject to conditions as recommended by the Planning Commission. Encroachment The Clerk presented Encroachment Permit No. 78, Heltzer Permit No. 78 Enterprises, 740 North La Brea Avenue, Los Angeles, for Heltzer permission to construct a six-foot high decorative Enterprises masonry wall across meandering sidewalk easements adjacent to Paularino Avenue and southerly 85 feet of Ludington Street. The Planning Commission recommended approval subject to one condition. On motion by . Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the application was approved subject to the stipulation.that the Engineering Department verify the location.at that corner as to visibility, and subject to one condition, as recommended by the Plan- ning Commission. Encroachment The Clerk presented Encroachment Permit No. 79, James Permit No. 79 I. and Nona Gallacher, 1127 Baker Street,. Costa Mesa, Gallacher for permission to use ten feet of City right-of-way, which is being dedicated for future widening of Baker Street, for required landscape planters in conjunction with proposed parking lot at 1109 Baker Street, until such time as Baker Street is widened. The Planning Commission recommended approval subject to conditions. The applicant, James Gallacher, was present and agreed to all conditions but requested assurance that the City would bear the cost of the street improvements 4,�0 when Baker Street is widened. The City Manager responded that the City would agree to this request. On motion by Councilman Raciti, seconded by Council- man Pinkley, and carried, the application was approved subject to conditions as recommended by the Planning Commission, and in concurrence with Mr. Gallacher's request as previously stated. Encroachment The Clerk presented Encroachment Permit No. 80, Permit No. 80 Gallacher Investment Company, 1127 Baker Street, Costa Gallacher Mesa, for permission to use ten feet of City right -of - Investment way, which is being dedicated for future widening -of Company Baker Street, for required landscape planters in conjunction with proposed parking lot at 1141 Baker Street, until such time as Baker Street is widened. The Planning Commission recommended approval subject to conditions. On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, the appli- cation was approved subject to conditions as recommended by the Planning Commission, and in concurrence with Mr. Gallacher's request as outlined in the previous action. Mayor Wilson Mayor Wilson..announced that he would not be Leaves participating in the discussion of the next item and left the meeting at 7:40 p.m. The Mayor returned at 7:55 p.m. Building Moving The Clerk presented application for Building Moving Permit No. 656 Permit No. 656, Hope Haven School for Retarded Hope Haven Children, 2002 West Chestnut Street, Santa Ana, for School permission to relocate a 1,440 square foot building from 1621 Monrovia Street, Costa Mesa, to 316 East 18th Street, in an I & R zone. The Planning Commission recommended approval subject to conditions. A communi- cation has been received from Mr. and Mrs. Lawrence,M. Bryan, 326 East 18th Street, Costa Mesa, in opposition to the request. Mr. Stein, from the Orange County Association for Retarded Citizens, spoke in support of the request. Reverend Loren R. Smith of the First Baptist Church, Costa Mesa, spoke in support of the request -and agreed to all conditions on behalf of Dr. James Combs. Complaints received from neighbors in the area of the proposed move -in were discussed, especially in regard.to the parking of buses at this location. Reverend Smith assured the Council that these problems would be alleviated as soon as possible. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, Mayor Wilson abstaining, the application was approved subject to conditions as recommended by the Planning Commission. ZE-73-45..Amended The Director of Planning presented from the meeting of Smith November 19, 1974, an application for Zone Exception ZE-73-45, Amended, Robert J. Smith, 2387 Westminster Avenue, Costa Mesa, for permission to continue to operate a day care center for a maximum of ten children in an Rl zone, located at that address. The Planning Commission recommended approval subject to conditions and with.a three -time limit. Communications in support of the request have been received from Judi Moore, 732B Weelo Drive, Costa Mesa; Virgil G. Cowing, Post Office Box 1081, Torrance; and.Mrs. Nathalie Marlin, 315 Ltgonia Street,.Newport Beach. The applicant, Mrs. Smith, was present and agreed to all conditions. On motion by Councilwoman Hertzog, seconded by Councilman Pinkley, and carried, the application was approved subject to conditions as recommended by the Planning Commission:. ZE-75-01 The Director of Planning presented an application Wall for Zone Exception ZE-75-01, Loren H. Wall, 2753 Sandpiper- Drive, Costa Mesa, for permission to encroach 6-1/2.feet into the required 25 -foot rear yard setback with a patio cover (12 feet by 40 feet) in an R1 zone, located at that address. The Plan- ning Commission recommended approval. No communications have been received. On motion by Councilman Raciti, seconded by Councilman Pinkley, and carried, the Exemption Declaration was accepted, and the application was approved. ZE-75-02 The Director of Planning presented an application Rochelle, for Zone Exception ZE-75-02, William Thomas Rochelle, 140 West Wilson Street, Costa Mesa, for permission to use asphaltic concrete rather than cement under required..covered'parking in R4, R4 -CP, and R3 -CP zones, located at 1919 and 1939 Wallace Avenue. The Planning Commission recommended approval subject to conditions. No communications have been received. Mr. Rochelle was present and stated that the use of asphaltic concrete, rather than cement, was not done intentionally but was an oversight on his part. He further -stated his agreement with the conditions if approved. Councilman Raciti felt that the builder should conform with the City's requirements. Discus- sion followed concerning the need to improve the procedure for checking these requirements. On motion by Councilwoman Hertzog, seconded by Mayor Wilson, and carried, Councilman Raciti voting no, the appli- cation was approved subject to conditions as recommended by the Planning Commission. Amendment of At this time the City Manager presented a proposed Section 13-581 ordinance amending Section 13-581 (5) (d), Costa Mesa Municipal Code, to show "portland cement concrete". On motion by Councilman Pinkley, seconded by Mayor Ordinance 75-6 Wilson, Ordinance 75-6,,being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE.CITY OF COSTA MESA AMENDING A PORTION OF SECTION 13-581, COSTA MESA MUNICIPAL CODE, SPECIFY- ING PORTLAND CEMENT CONCRETE AS PAVING UNDER COVER, AND STATING 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 ZE-75-03 The Director of Planning presented an application Insta-Tune for Zone Exception ZE-75-03, Insta-Tune, Limited, 17981 Skypark Circle, Irvine, for permission to perform alterations to existing service station to provide auto tune-up facilities in a C1 zone, located at 600 West 19th Street. The Planning Commission recommended approval subject to conditions. No com- munications have been received. William Clapet, Architect, representing the applicant, was present and objected to Condition No. 2 on the grounds that the prime owner of this property, Gulf Oil, would not agree to this condition. He also stated objection to. Condition No. 6a regarding landscaping, stating that this requirement, if met, would impede access to the service islands. It was suggested that an encroach- ment permit may be allowed but Mr. Clapet said this would not help unless Gulf Oil would agree to the dedication. After further discussion, on motion by Mayor Wilson, seconded by Councilman Pinkley, and carried,.the application was approved subject to all conditions as recommended by the Planning Commission. Oral Mr. Lowell Dodge asked if the American Flag in the Communications Council Chambers was manufactured in the United States. He also asked why the Costa Mesa Police Department purchased Japanese motorcycles. The City Manager responded in the first part that, to his knowledge, the flags used by the City were made in California correctional institutes; and in the second part, the City was required by law to use the bidding process in purchasing City equipment. Mr. Dodge asked if the answers to these questions could be submitted to the newspaper and the Council stated no objection. Industrial Kathy Palmer, 915 West Wilson Street, suggested that Committee if an Industrial Committee is formed, one representa- tive from each homeowners' association be appointed to the committee. Councilmanic Vice Mayor Hammett discussed the traffic problems on Comments Baker Street and Paularino Avenue, and it was indi- cated that these streets should be improved within a year. Councilman Raciti asked about the extension of Randolph Street, and itwas indicated that the precise.alignment for this street had never been adopted by Council. Mayor Wilson spoke about the parking prohibition in front of the post office on Adams Avenue. The City Manager suggested that a meeting be arranged with the postmaster to discuss this matter and some problems the City has encountered with the postal service. Adjournment The Mayor declared the meeting adjourned at 8:30 p.m. to January 29, 1975, at 6:30 p.m., in the Council Chambers of City Hall. de', AMIA]"'t- k_� F F VOOV OTNF^ Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa r a 1 261