Loading...
HomeMy WebLinkAbout06/17/1975 - City Council40i REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 17, 1975 The City Council of the City of Costa Mesa, California, On motion by Councilman Wilson, seconded by Councilman Raciti, Ordinance 75-33, being AN ORDINANCE OF THE Ordinance 75-33 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted PREZONING CERTAIN UNINCORPORATED TERRITORY ADJOINING R-75-15 THE CITY BOUNDARY FROM COUNTY R1 TO CITY R1, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None met in regular session at 6:30 p.m., June 17, 1975, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to.order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend John Coady, S.V.D., St. John the Baptist Catholic Church. Roll Call Council Members Present: Pinkley, Hammett, Wilson, Raciti, Hertzog Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Assistant City Engineer, City Clerk Minutes Corrections to the Minutes of June 3, 1975, changing June 2, 1975 the terms of office for members appointed to the Costa June 3, 1975 Mesa Redevelopment Agency are as follows: Philip C. Chinn, one-year term; Donn Hall, one-year term; Lew Kidder, two-year term; Michael T. McLaughlin, three- year term; and Dr. Robert Moore, four-year term. All terms are to be effective July 1, 1975. On motion by Councilman Hammett, seconded by Councilman Wilson, and carried, the Minutes of the adjourned regular meeting of June 2, 1975, and the regular meeting of June 3, 1975, including corrections, were approved. Ordinances On motion by Councilman Wilson, seconded by Councilman Hammett, and carried, all ordinances will be read by title only. On motion by Councilman Raciti, seconded by Council- woman Hertzog, Ordinance 75-32, being AN ORDINANCE OF Ordinance 75-32 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted AMENDING ARTICLE TWO, CHAPTER SIX OF TITLE FIVE OF THE Off -premise Sign COSTA MESA. MUNICIPAL CODE, PROHIBITING: THE CONSTRUC- Regulations - TION, ERECTION, OR MAINTENANCE OF OFF -PREMISE SIGNS AS Billboards A PUBLIC NUISANCE, AND ENFORCING REMOVAL THEREOF UPON. DUE NOTICE AND HEARING, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Raciti, Hertzog NOES: Council Members: Wilson ABSENT: Council Members: None On motion by Councilman Wilson, seconded by Councilman Raciti, Ordinance 75-33, being AN ORDINANCE OF THE Ordinance 75-33 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted PREZONING CERTAIN UNINCORPORATED TERRITORY ADJOINING R-75-15 THE CITY BOUNDARY FROM COUNTY R1 TO CITY R1, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None 4-02 i] '.1 On motion by Councilman Hammett, seconded by Council- woman Hertzog., Ordinance 75-34, being AN ORDINANCE OF Ordinance 75-34 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, .Adopted PREZONING CERTAIN UNINCORPORATED TERRITORY ADJOINING R-75-16 THE CITY BOUNDARY FROM COUNTY R1 TO CITY I AND R -S, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT': Council Members: None Tracts 7557 The Clerk presented from the meeting.of May 20,'1975, and 7718 acceptance of improvements and exoneration of bonds for Tract 7557, 115 lots; Tract 7557, model site improvements; and Tract 7718, 194 lots; Larwin- Southern California, Incorporated, developer; located south of Sunflower Avenue, west of Bear Street, and north of South Coast Drive. The City Manager recommended that Council authorize a reduction of 85 percent of the bond amount for faithful performance and labor and materials, leaving a retention of 15 percent for completion of the project. On motion by Councilman Wilson, seconded by Councilman Raciti, the City Manager's recommendation was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Newport -Irvine The Clerk presented from the meeting of June 3, 1975, Waste Water a request for Costa Mesa;to join'the Newport -Irvine Management Agency Waste Water Management Agency. On motion'by Council- woman Hertzog, seconded by Councilman Raciti, and Tabled carried, this item was tabled, with the request that the City Manager appoint a staff member to monitor and report on the activities of NIWA for possible reconsideration in the future. "Christ is the On motion by Councilman Wilson, seconded by Councilman Answer Crusade" Raciti, and carried, Councilman Hammett voting no, continuation of an encampment on a 33 -acre portion of the Orange County Fairgrounds for "Christ is the Answer Crusade" was approved through .July 6, 1975. Trailer Permit The Clerk presented from the meeting of June 3, 1975, - Dearborn a request from Ed Dearborn, 4433 West Coast Highway, Newport Beach, for permission to use a 12 -foot temporary trailer as a business office at 1985 Harbor Boulevard, for a one-year period, until new building is completed. On motion by Councilman Wilson, seconded by Councilman Hammett, and carried, the request was approved for a period of six months, and subject to the conditions of the Planning Department. Budget 1975-76 The Clerk announced that this was the time and place set for public discussion of the annual budget for the fiscal year 1975-76, including the budgets of the Costa Mesa City Street Lighting District, Vehicle Parking Districts 1 and 2, and the Leisure Services Department. The City Manager presented a total budget of $17,481,480.00, which includes an operating budget. of $13,645,540.00, and a capital improvement budget of $3,835,940.00. This reflects a decrease of 7.7 percent when compared with the budget for fiscal year i] '.1 1 1 1974-75, mainly due to the elimination of police services rendered by Costa Mesa to the City of Irvine. The budget also reflects an increase in the personnel requirements of 16 new positions. Ed McFarland, 1697 Oahu Place, Costa Mesa, expressed concern over increases in the cost of insurance, retirement pro- gram, and transportation. There being no other speakers, the Mayor closed the public discussion. On motion by Councilman Wilson, seconded by Council- man Hammett, the operating budget, and the budgets for Leisure Services, Street Lighting District, and Vehicle Parking Districts 1 and 2, for fiscal year 1975-76, were approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None CONSENT CALENDAR: The following item was removed from the Consent Calendar: Item 10c, parking prohibition on Irvine Avenue. On motion by Councilman Wilson, seconded by Councilman Hammett, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Newsracks A letter from Howard A. Tyrell,-D.D.S., 1508 North Sycamore Street, Santa Ana, commending Council for cleaning up newsracks in the City, and suggesting an honor award be offered to those businessmen who install new dispensers, was received and processed. Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: Public Utilities Decision of the Public Utilities Commission Commission to order dismissal of the application of the Gray Line Tours Company, for authority under Section 454 of the Public Utilities Code to increase its fares. Intergovernmental Memorandum from the Intergovernmental Coordi- Coordinating nating Council of Orange County, advising of Council j the resolutions on file as of May 30, 1975. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning Licenses from: J. H. Nevitt, doing business.at 88 Fair Drive, Space 1-A, Main Mall; Orange Coast Beverage, Incorporated, doing business as Sir Harvey's Tavern, 177 East 17th Street; and The Southland Corporation; doing business as End - 7 -Eleven Food Store No. 2113-18226, 289 Reading Folder Paularino Avenue. Business Permit A rlquest from West Coast Concerts, 105 61st Street, Application Newport Beach; to hold a dance/concert on June 28, 1975, 8:00 p.m. to 12:00 a.m., at the Orange County Fairgrounds, was approved. i i 4tn/L Set for Public The following item was set for public hearing at Hearing 6:30 p.m. on July 1, 1975, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: R-75-19 Rezone Petition R-75-19, Full Gospel Busi- Full Gospel nessmen's Fellowship International, in care Businessmen's of Bert Webb, Trustee, 836 South Figueroa Fellowship Street, Los Angeles, for permission to International rezone property southeast of the San Diego Freeway at the Bear Street overpass, from R1 to AP -CP, in accordance with General Plan Amendment GP -75-2A. The CEQA (California Environmental Quality Act) requirements,have been fulfilled by the Environmental Impact Report approved for GP -75-2A. Refund On recommendation by the Director of Building Safety, a refund in.the.amount of $44.20 to H. R. Rish, 1348 Rish Moonstone Street, Anaheim, in connection with Build- ing Permit 33928, was approved, because room addition contract was cancelled at 3227 Colorado Place, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, 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 William Garman on behalf of Edith Louise Richardson; Attorney Thomas A. Reilly on behalf of Roy James Hannah; Attorney Thomas A. Reilly on behalf of Cande L. Hannah; and Terry Elbourn, Parking The Traffic Commission recommended parking prohibition Prohibition on East 19th Street approaching Irvine Avenue in con- junction with the recent installation of a traffic signal. On motion by Councilman Wilson,,seconded by Resolution 75-64 Councilman Hammett, Resolution 75-64, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON PORTIONS OF EAST NINETEENTH STREET, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Parking The Traffic Commission recommended a prohibition of Prohibition parking on Park Drive,on a portion which is a sub - Park Drive standard street width. On motion by Councilman Wilson, seconded.by Councilman Hammett, Resolution Resolution 75-65 75-65,.being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON PORTIONS OF PARK DRIVE, was adopted by the follow- ing roll call vote:. AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog .NOES: Council Members: None ABSENT: Council Members: None Bus Stops - The Traffic Commission recommended the placement of Irvine Industrial bus .stops at various locations in the Irvine Industrial Area Area to provide for a proposed bus route commencing June 15, 1975. On motion by Councilman Wilson, Resolution 75-66 seconded by Councilman Hammett, Resolution 75-66, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA W, Agreement with the State for Newport Boulevard Offer and Agreement to Sell Real Property on Scott Place 1 MESA, CALIFORNIA, FIXING AND -ESTABLISHING BUS STOPS AND PROHIBITING PARKING.WITHIN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES.: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members:- None ABSENT: Council Members: None An agreement between the City and the State of California for the installation, maintenance, and financing of the improvements at Newport Boulevard and Superior Avenue -East 17th Street; and Newport Boulevard and the new 17th Street West Extension, was presented. It is estimated that the State's contribution in this project will amount to approximately $35,000.00. On motion by Councilman Wilson, seconded by Councilman Hammett, the agree- ment was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None A bid received for the purchase of real property at 794, 796, and 798 Scott Place, is on file in the Clerk's office. On motion by Councilman Wilson, seconded by Councilman Hammett, the Offer to Purchase from Laura Lagios, 115 36th Street, Newport Beach, in the amount of $45,000.00, was approved,_the Mayor and Clerk were authorized to sign the agreement initiat- ing escrow proceedings, and to sign the Grant Deed conveying the property to the buyer, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None -ABSENT: Council Members: None Reconstruction The Director of Public Services recommended the and Resurfacing extension of the.contract material quantities for of Various City the Reconstruction and Resurfacing of Various. City Streets Streets due to unanticipated additional work, and inclusion of other City streets in the project at favorable unit prices. On motion by Councilman Wilson, seconded by Councilman Hammett, the exten- sion of quantities was approved in the amount of $66,766.70, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Notice of Completion The work has been completed for the 18th Street - Irvine Avenue Storm Drain, and the Roadway Improve - 18th Street- ments for Irvine Avenue at 19th Street -Dover Drive Irvine Avenue by Valverde Construction, Incorporated, 12990 Branford Storm Drain Street, Suite M, Pacoima, to the satisfaction of the and Roadway Director of Public Services. It is recommended that Improvements the contract time be extended to May 27, 1975, due to for Irvine unavoidable delays. On motion by Councilman Wilson, Avenue seconded by Councilman Hammett, the contract date was extended to May 27, 1975, the work was accepted, the Clerk was authorized to file a Notice of Comple- tion, and the bonds were ordered exonerated 35 days 406 after the date the Notice of Completion is filed, by the following roll call vote: AYES: .Council Members: Pinkley, Hammett, 'Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Notice of The Landscaping of Harbor -.Boulevard from Driveway I Completion to the San Diego Freeway has been completed by De Mar Landscaping Landscape, Post Office Box 817, Garden Grove, to the of Harbor satisfaction of the Director of Leisure Services. On Boulevard motion by.Councilman Wilson, seconded by Councilman 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 Notice of Completion is filed, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Gisler Park On motion by Councilman Wilson, seconded by Council - Phase II man Hammett, approval was given to hire the firm of Don Greek and Associates, 111 South Orange Street, Orange, to design Phase II of Gisler Park for a fee not to exceed $4,550.00, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Orange County On motion by Councilman Wilson, seconded by Council - Fire Services man Hammett, a one-year agreement between the City Library and the Santa Ana College Foundation for utilization of the Orange County Fire Services Library, at a cost of $93.00, was approved by the following roll call -vote: `AYES: Council Members: Pinkley; Hammett, ` Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Bid Item 280 Bids received for Bid Item 280, to Furnish and Fertilizer Spread 47 Tons of Fertilizer, are on file in the Clerk's office. On motion by Councilman Wilson, Awarded seconded by Councilman Hammett, the bid was awarded Wilbur -Ellis to Wilbur -Ellis Company, 970 South Goodrich Boule- vard, Los Angeles, in the amount of $11,336.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog -NOES: Council Members: None ABSENT: Council Members: None Landscaping and Bids received for.the Landscaping and Irrigation Irrigation.on on Fairview Road from Fair Drive to Dorset Lane, Fairview Road are on file in the Clerk's office. On motion by Councilman Wilson, seconded by Councilman Hammett, Awarded the contract was awarded to Robert E. Sapien, Robert E. Sapien Incorporated, 4243 Overland Avenue, Culver City, 1 J II in the amount of $115,275.44, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Parking Item 10c on the Consent Calendar, a recommendation Prohibition from the Traffic Commission for prohibition of Irvine Avenue parking on the westerly curb of Irvine Avenue between 17th Street and the northerly City limits north of 20th Street, was presented. The Clerk read a letter from Mr. Edgar H. Stroot, 1611 San Pablo Drive, Lake San Marcos, California, expressing his opposition to the parking prohibition. After discussion, on motion by Councilman Wilson, seconded by Councilman Raciti, Resolution 75-67 Resolution 75-67, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PRO- HIBITING PARKING ON IRVINE AVENUE BETWEEN SEVENTEENTH STREET AND TWENTIETH STREET AND ESTABLISHING A BICYCLE LANE, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Warrant On -motion by Councilman Wilson, seconded by Councilman Resolution 889 Raciti, Warrant Resolution 889 was approved by the following roll call vote: AYES: Council Members: Pinkley, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Councilman Raciti, seconded by Councilman Resolution 890 Wilson, Warrant Resolution 890, including Payroll 7511, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Orange County The City Manager presented an agreement between the Housing Authority City and the Orange County Housing Authority to implement the Leased Housing Program within the City of Costa Mesa. The City Manager indicated that Section 4 of the agreement would be amended to pro- vide a 30 -day cancellation .clause subject to the City and/or its successor housing authority assuming the liabilities of the Orange County Housing Author- ity within the City of Costa Mesa. On motion by Councilman Wilson, seconded by Councilwoman Hertzog, Resolution 75-68 the amendment was approved and Resolution 75-68, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE AGREEMENT DATED JUNE 17, 1975, WITH THE ORANGE COUNTY HOUSING AUTHORITY AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME, was adopted by the following roll call vote: AYES: -Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Housing and The City Manager presented a job description and Community recommended salary of $1,328.00 per month for a Development Housing and Community Development Coordinator. This Coordinator position will be funded through the Community Devel- opment Act funds and will not be included in the City's full-time employment projection. On motion ;by Councilman Hammett, seconded by Councilwoman Hertzog, the job description and salary was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Acquisition of The City Manager presented.an agreement between the Property for City and Joseph D. Phillips and Dorothy K. Phillips, Ogle Street for the acquisition of property for the Ogle Street Park Site Park Site, Parcel 2, in the amount of $90,750.00. Parcel 2 On motion by Councilman Wilson, seconded by Councilman Raciti,.the agreement was approved, the Mayor and Clerk were authorized to sign on behalf of the City, and commencement of escrow proceedings was authorized, by -the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Purchase of The City Manager recommended purchase of the Boys' Boys' Club Club property located.at 594 Center Street for an Property amount of $275.,000.00. On motion by Councilman Wilson, seconded by Councilwoman Hertzog, the purchase was approved for the amount indicated, authorization was given .to commence escrow proceedings, and the City Manager was authorized to negotiate the lease of the property to the Boys' Club, by the following.roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Redevelopment The City Manager requested that the first presid- Agency ing officer of the Costa Mesa Redevelopment Agency Chairman be appointed by the Mayor. On motion by Mayor Appointed Pinkley, seconded by Councilman Hammett, and carried, Dr. Robert Moore was appointed as first Chairman of the Costa Mesa Redevelopment Agency. Public Hearing The _Clerk announced that this was the time and place Canyon No. 3 set for the public hearing for Canyon No. 3 Annexa - Annexation to tion to the City of Costa Mesa. Notices have been the City of mailed to the property owners involved and'the Costa Mesa affidavit of publication is on file in the Clerk's office. No oral or written communications have been .received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Wilson, seconded by Councilman Hammett, Ordinance 75-35, Ordinance 75-35 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY First Reading OF COSTA MESA, CALIFORNIA, DECLARING CANYON NUMBER THREE ANNEXATION TO BE ANNEXED TO. THE CITY OF COSTA MESA, was given first reading and passed to second reading by the following roll call vote: 1 AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Canyon,no. 3 set for the public hearing for Canyon No. 3 Annexa - Annexation to tion to the Costa Mesa Park and Recreation District. the Costa Mesa Notices have been mailed to the property owners Park and involved and the affidavit of publication is on file Recreation in the Clerk's office. No oral or written communica- District tions have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Councilwoman Hertzog, Ordinance 75-36 Ordinance 75-36, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ACTING AS THE EX-OFFICIO.BOARD OF DIRECTORS OF THE COSTA MESA PARK AND RECREATION DISTRICT, DECLARING CANYON NUMBER THREE ANNEXATION TO BE ANNEXED TO THE COSTA MESA PARK AND RECREATION DISTRICT, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Regulations for set for the public hearing to consider a proposed Home Occupations ordinance establishing regulations for home occupa- tions, and amending.S.ection 13-310.1 of the Costa Mesa Municipal Code. 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. Councilman Wilson suggested an amendment to the ordinance, adding a provision that vehicles in connection with the business must be parked off the street. On motion by Councilman Wilson, seconded by Councilwoman Ordinance 75-37 Hertzog, Ordinance 75-37, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING PRO- VISIONS OF THE PLANNING, ZONING, AND DEVELOPMENT LAWS, TITLE THIRTEEN, REGARDING EXCEPTIONS OR VARIA- TIONS TO LAND USES ALLOWED AS TO HOME OCCUPATIONS IN RESIDENTIAL AREAS AND REPEALING INCONSISTENT PROVI- SIONS, including the amendment by Councilman Wilson, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES:. Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-75-18 set for the public hearing for Rezone Petition Janes R-75-18, Michael Janes, 17965 Skypark Circle, Suite F, Irvine, for permission to rezone property located at 1821 Fullerton Avenue from Cl to R4 -CP.. The environmental impact of the subject project has been adequately covered by the Environmental Impact Reports for the Redevelopment Area and the Central Area Plan, which were accepted by Council in December, 1973. The affidavit of publication is on file in the Clerk's office. No communications have been received. George Alvarez, representing the Janes Company, was present to answer any questions that the Council might have. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Wilson, Ordinance.75-38 seconded by Councilwoman Hertzog, Ordinance 75-38, First Reading being AN ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING:THE ZONING OF LOTS TEN, ELEVEN, AND TWELVE OF TRACT 847, FROM Cl TO R4 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ZE-75-26 The Clerk presented a request from Aldis E. Davies, Davies 870 West 20th Street, Costa Mesa, for relief of Condition No. 2 in connection with Zone Exception ZE-75-26. This condition requires the construction of PCC driveway approach per City of Costa Mesa standard plans. Location, width, and type are subject to the approval of the Traffic Engineer. Mrs. Aldis Davies was present and stated that the applicant is unable to bear the cost of this condition at this time. Additionally, she indicated that additional financing from the bank is unavailable until the conditions.are satisfied. After considerable dis- cussion, on motion by Councilman Hammett, seconded by Councilman Raciti, and carried, the completion time for Condition No. 2 was extended for one year to April 1, 1976, with the provision that the applicant submit a bond acceptable to the applicant's lender and the City Attorney guaranteeing the completion of the condition. ZE-75-50 The Director of.Planning presented from the meeting Welsh of June 3, 1975, application for Zone Exception ZE-75-50, Carl Welsh, 272 South "I" Street, San Denied Bernardino, for permission for a variance to exceed Sign Code regulations, to allow construction of a ground sign, 42 square feet in area, 19 feet in height (allowable - 15 square feet in area, 7.feet in height), for Sherwin Williams, 3161 Harbor Boulevard, in a Cl -CP zone. An Exempt Declaration of Environ- mental Impact has been.filed. The Planning Commission recommended denial. No further communications have been received. Tom McVay, representing Sherwin Williams, explained the need for additional signage was due to the fact that the property is set back so far as to inhibit proper identification from a driving approach, and additionally, to the problem of truck parking in front of their building blocking their sign. During the discussion which followed, it was indicated that increased policing of the green curb area would provide some relief from the parking problem. On motion by Councilman Hammett, seconded by Councilman Raciti, and carried, the request was denied. ZE-75-55 The Director of Planning.presented from the meeting of Watson June 3,. 1975, application for Zone Exception ZE-75-55, Ida G. and Robert F. Watson, 1877 Rhodes Drive, Costa Held Over Mesa, for permission to encroach five feet into the required five-foot side yard setback to legalize bed- room and bath addition, located at 1962 Church Street in an R2 zone. An.Exempt Declaration of Environmental Impact has been filed.. The Planning Commission recommended denial. No communications have been received. .Robert Keefe, Attorney, 850 East Chapman Avenue, Suite C,.Orange, representing the applicant, spoke in support of the request and indicated the 1 F, applicant's willingness to make any reasonable modi- fications to the addition to meet the City's requirements and those of the adjacent property owner. Roy Watkins, Building Designer, expressed his opinion that the addition as constructed is a tremendous fire hazard. Considerable discussion followed. A motion by Councilman Wilson, seconded by Councilman Hammett, to deny the request, was later withdrawn. Council- woman Hertzog suggested that the applicant may wish to consult with a contractor to ascertain the cost of bringing the structure into conformance with the Code. Attorney Keefe indicated agreement with this sugges- tion. On motion by Councilman Raciti, seconded by Councilman Wilson, and carried, the application was held over to the meeting of August 19, 1975. ZE-74-50 The Director of Planning presented an application for Mors Zone Exception ZE-74-50, a request for 60 -day extension of time for William L. Mors, 1312 Dover Drive, Newport Beach, for permission to construct a seven -unit apart- ment complex on 20,130 square feet of land (one unit per 2,875.7 square feet), four percent density devia- tion, with parking in the front yard setback in an R2 zone, located at 2629 Orange Avenue: The Planning Commission recommended approval subject to all previous conditions. No communications have been received. On motion by Councilman Wilson, seconded by Mayor Pinkley, and carried, the 60 -day extension was approved subject .to all previous conditions as recommended by the Plan- ning Commission. ZE-75-41 The Director of Planning presented an application for Citizens Bank Zone Exception ZE-75-41, Citizens Bank of Costa Mesa, of Costa Mesa by Tom Dunovan, Ad -Art, Incorporated, 4550 East Olympic Boulevard, Los Angeles, for permission to permit the installation of two sets of non -lighted 36 -inch white plastic letters reading: "Citizens Bank of Costa Mesa" on the north and west bank building elevations, located at 2970 Harbor Boulevard in a Cl zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval for 28 -inch letter height and subject to one condition. Paige Simpson and Bert ' Smith, representing Citizens Bank of Costa Mesa, spoke in support of the request. Ed McFarland, 1697 Oahu Place, Costa Mesa, and Maureen DiDomenico, 941 Coronado Drive, Costa Mesa, spoke in opposition to the request. Marilyn Voyer, 3353 Alabama Circle, read a letter from Thomas Murray, 3042 Country Club Drive, Costa Mesa, expressing opposition to the request and indicated her agreement with Mr. Murray's views. John Graef, 3225 Iowa Street, Costa Mesa, read a letter from 'John Lyons, President of the Mesa Verde Homeowners Association, requesting denial of the application. Mr. Graef spoke on his own behalf in opposition to the request. During the discussion which followed Council Members Wilson, Hammett, and Raciti indicated their financial interests in the Citizens Bank of Costa Mesa as stockholders. The City Attorney indicated that according to the Fair Political Practices Act of 1975, a conflict of interest does not exist. The City Attorney further quoted from Government Code Section 87100 which states, "No public official at any level of State or local government shall participate in making, or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he -has a financial interest," . and Government Code Section 87101 which states, "Does not prevent any public official from making or d12 participating in the making of a governmental deci- sion to the extent his participation is legally required for action or decision to be made." It was therefore the'City Attorney's ruling that all Council Members may vote on this item. During the discussion which followed, Mr. Simpson stated his willingness as a compromise, to reduce the letter size to 24 inches. Conformance with the -Sign .Ordinance'would allow 20 - inch high letters on -Baker Street and 28 -inch high letters on Harbor Boulevard, but during discussion the Council found that aesthetic'needs would best be served by allowing 24 -inch high letters on both Baker Street .and Harbor Boulevard on`the second story. It was brought out and discussed that there is an inden- tation on the fascia board on the first floor on -the Baker Street side of the building which would inter- fere with the continuation of the sign, and therefore Council found that it was more practical to allow the sign letters to be placed on the second story where there would be continuity.. After further discussion, on motion by Councilman Wilson, seconded by Mayor Pinkley,-and carried unanimously, the Exempt Declara- tion of Environmental Impact was accepted as meeting the requirements of the law, and the application approved for a maximum letter height of 24 inches on both elevations, placement of the signs on the second story of the building, and.subject to one condition as recommended -by the Planning Commission. Recess The Mayor declared.a recess at 9:15 p.m., and the meeting reconvened at 9:20 p.m. ZE-75-44 The -Director of Planning presented an application for Wilhite Zone Exception ZE-75-44, Dane L. Wilhite, 2968 Bimini Place, Costa Mesa, for a Conditional Use Permit for a restaurant, to allow reduction in required parking in a commercial center, located at 369 East 17th Street in a C2 zone. An Exempt Declaration of Environmental Impact has been'filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Ed Kirk, repre- senting Mariners Savings and Loan, 1515 Westcliff Drive, Newport Beach, developers of the commercial center, was present to answer questions from the Council. After discussion, on motion by Councilman Wilson, seconded by Councilman Raciti, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-75-58 The Director of Planning presented an application for Pacific Outdoor Zone Exception ZE-75-58, Pacific Outdoor Advertising Advertising Company, 1740 Narva Street, Los Angeles, to maintain an outdoor advertising structure located at 1534 Denied Newport Boulevard, in a C2 zone. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications have been received. Jay Kingry, representing Pacific Outdoor.Advertising Company, spoke in support of the request. Willard Courtney, 611 St. James Place, Newport Beach, owner of the property on which the billboard is located, felt that he should be allowed to maintain this billboard the same length of time that other billboards are .allowed to remain in the City. Marshall Scott, representing The Earl's Plumbing, Costa Mesa, expressed his opinion that the City's appearance IYC will be enhanced when all signs conform to the new regulations and billboards are removed. After dis- cussion, on motion by Councilman Raciti, seconded by Mayor Pinkley, and carried, the application was denied, and the billboard shall be removed within 30 days of this action as recommended by the Planning Commission. Councilman Councilman Wilson left the meeting briefly at 9:45 Wilson Leaves p.m. and therefore did not participate in the voting ZE-75-60 of the following item. The Director of Planning presented an application for Jones. Zone Exception ZE-75-60, Allen E. Jones, 9641 Rocky Mountain Drive, Huntington Beach, for Conditional Denied Use Permit to allow outdoor storage of recreational vehicles in an ML zone, located at 2890 Bristol Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. A communication has been received from A. G. Carter, 2918 Bristol Street, Costa Mesa, in opposition to the request. The applicant was not present. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, Councilman Wilson absent, the request was denied. ZE-75-61 The Director of Planning presented an application for Link Properties Zone Exception ZE-75-61, Link Properties, 2192 DuPont Drive, Irvine, for a Conditional Use Permit for 47,740 square feet of storage garages, and a variance from parking requirements (120 required, 15 shown) in an M1 zone, located at 1725 Pomona Avenue. A.Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A letter has been received from the State of California, Department of Transportation, indicating that approximately two- thirds of this .property would be required for the proposed -Route 55 Freeway in accordance with their present studies. Don Gillon, representing the appli- cant, was present and spoke -in support of the request and answered questions from the Council. After discussion, on motion by Councilman Wilson, seconded by Councilman Hammett, and carried, Mayor Pinkley voting no, the Negative.Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-75=62 The Director of Planning presented an application for Zuray Zone Exception ZE-75-62, Frank Zuray, Jr., 1397 Garlingford Street, Costa Mesa, for a variance to allow a 19 -foot, 6 -inch, encroachment into the required rear yard setback for construction of a patio cover in an Rl zone located at that address. An Exempt Declaration of Environmental Impact has filed. The Planning Commission recommended approval. No communications have been received. On motion by.Councilman Wilson, seconded by Councilman Hammett, -and carried, the Exempt Declarati.on,of Environmental Impact was accepted as meeting the requirements.of the law, and the application approved as recommended by the Plan- ning Commission. ZE=75-63 The Director of Planning presented an application for Palmer - Zone Exception ZE-75-63, Robert C. Palmer, 1531 Monrovia Avenue, Newport Beach, for a Conditional Use Permit for construction of two apartment units in addition to an existing house to meet CP standards, and a variance to allow a 5 -foot -encroachment into the required 15 -foot rear yard, in an R3 -CP zone located at 237 East 16th Place. An Exempt Declara- tion of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Nigel Bailey, 576 Seaward Road, Corona del Mar, representing the applicant, asked for clarification on Conditions 13 through 15. The Planning Director explained the intent of these conditions. After discussion, on motion by Councilman Hammett, seconded by Councilman Wilson, and carried, the Exempt Declar- ation of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-75-64 The Director of Planning.presented an application for Crisswell Zone Exception ZE-75-64, Gloria Crisswell, 26832 Calle Juanita, Capistrano Beach, for a variance to allow 20 Denied percent density increase (one unit per 2,400 square feet) to construct three apartment units in conjunc- tion with four existing units, and to allow parking on an adjacent parcel in an R2 zone, located at 2278 Placentia Avenue. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval subject.to conditions. No communications have been received. Roy Watkins, representing the applicant, spoke in support of the request and agreed.to all conditions. The applicant also addressed the -Council in support of the request. After discussion, on motion by Councilman Wilson, seconded by Councilman Raciti, and carried,,Council Members Hammett and Hertzog voting no, the request was denied. ZE-75-65, The Director of Planning.presented an application for Belanger Zone Exception ZE-75=65, Robert J. Belanger,:967. Presidio Drive, Costa Mesa, for a variance to encroach 11 feet into the required 18 -foot, 6 -inch, rear yard setback for a family room and bedroom addition in an R1 zone located at that address. An Exempt Declara- tion of Environmental.Impact has been filed. The Planning Commission recommended approval. No communications have been received. On motion by Councilman Raciti, seconded by Councilman Hammett, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation approved as recommended by the Planning Commission. ZE-75-55 On motion by Councilman Hammett, seconded by Councilman Watson Wilson, and carried, a letter will be directed to the local Board of Realtors informing them of the sale of the property at 1962 Church Street by persons in the real estate profession, in light of the illegal addition to the property. Racing Days at On motion by Mayor Pinkley, seconded by Councilman Los Alamitos Wilson, and carried, a letter will be directed in support of the 14 racing days at Los Alamitos for the Orange County Fairgrounds. Adjournment The Mayor declared the meeting adjourned at 10:25 p.m. 1 Mayor. of the City of Costa Mes ATTEST: p O' City Clerk of the City of Costa M a 1