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HomeMy WebLinkAbout11/17/1975 - City Council77 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 17, 1975 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., November 17, 1975, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Councilman Wilson. Roll Call Council Members Present:. Pinkley, Hammett, Wilson, ° 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 November 3, 1975 of November 3, 1975, approved as distributed and posted as there were no corrections. Presentation Dick Greer of the Costa Mesa City staff presented to Sister City Don Bull, Chairman of the Costa Mesa Bicentennial Committee, a key from the City of Rutland, Vermont. Rutland is the adopted Bicentennial Sister City of the Costa Mesa Bicentennial Committee. "Slice of Orange" Don Bull, on behalf of the Costa Mesa Jaycees, requested the City to consider purchase of a number Held Over of copies of the revised Bicentennial publication of the book, "Slice of Orange". After discussion, on motion by Councilman Wilson, seconded by Councilman Hammett, and carried, this item was held over to the meeting of December 1, 1975, to allow time for consideration of .the request. Appointment to On motion by Councilman Hammett, seconded by Mayor Aviation Committee Pinkley, and carried, James F. Buote, 3161 Yukon Avenue, Costa Mesa, was appointed to the Aviation Committee. On motion by Councilman Wilson, seconded by Mayor Resolution 75-122 Pinkley, Resolution 75-122, being A RESOLUTION OF THE Mildred Mathews CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Commended COMMENDING MILDRED MATHEWS IN APPRECIATION OF FIFTEEN YEARS OF CONTINUOUS SERVICE ON THE COSTA MESA TRAFFIC COMMISSION, was adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Mrs. Mathews was present to accept the Resolution presented by Councilman Wilson. Ordinances On motion by Councilman Hammett, seconded by Councilman Wilson, and carried, all ordinances will be read by title only. Final Development On motion by Councilman Hammett, seconded by Councilman Plan - Lyons and Wilson, Ordinance 75-50, being AN ORDINANCE OF THE CITY Cashion COUNCIL OF THE CITY OF COSTA MESA CONCERNING THE ADOP- TION OF THE FINAL DEVELOPMENT PLAN OF LYONS AND CASHION Ordinance 75-50 BUILDERS FOR THE PLANNED DEVELOPMENT LOCATED AT 1300 Adopted ADAMS AVENUE, COSTA MESA, CALIFORNIA, 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 Industrial Zoning On motion by Councilman Wilson, seconded by Council - Districts' woman Hertzog, Ordinance 75-52, being AN.ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING Ordinance 75-52 ORDINANCE NUMBER 73-43 (TITLE 13, CHAPTER II 1/2), Adopted CLASSIFYING AND REGULATING LAND USES WITHIN INDUSTRIAL ZONES, 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 Real Estate On motion by Councilman Raciti, seconded by Councilman Signs Wilson, Ordinance 75-53, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING.PROVI- Ordinance 75-53 SIONS OF CHAPTER VI OF TITLE 5 OF THE COSTA MESA Adopted MUNICIPAL CODE RELATING TO REAL ESTATE SIGNS, 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 Final Development On motion by Councilman Hammett, seconded by Councilman Plan - Cameo Homes Wilson, Ordinance 75-54, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CONCERNING THE ADOP- Ordinance 75-54 TION OF THE FINAL DEVELOPMENT PLAN OF CAMEO HOMES FOR Adopted THE PLANNED DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF PAULARINO AVENUE AND THE NEWPORT FREEWAY, COSTA MESA, CALIFORNIA, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Hertzog NOES: Council Members: Raciti ABSENT: Council Members: None R -75-12A On motion by Councilman Wilson, seconded by Council - Cameo Homes woman Hertzog, Ordinance 75-55, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 75-55 CHANGING THE ZONING OF PROPERTY IN THE GENERAL AREA OF Adopted PAULARINO AVENUE AND THE NEWPORT FREEWAY OFFRAMP, FROM R1 TO PDR -LD, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Hertzog NOES: Council Members: Raciti ABSENT:' Council Members: None R -75-13A On motion by Councilman Wilson, seconded by Council - Cameo Homes woman Hertzog, Ordinance 75-56, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 75-56 CHANGING THE ZONING OF PROPERTY IN THE GENERAL AREA OF Adopted PAULARINO AVENUE AND THE NEWPORT FREEWAY OFFRAMP, FROM I- I F1 1 1 1 R1 TO PDR -HD, was given second reading and adopted by the following roll call,vote: AYES: -Council Members: Pinkley, Hammett, Wilson, Hertzog NOES: Council Members: Raciti 'ABSENT: Council Members: None R-75-21 On motion by Councilman Hammett, seconded by Councilman Cameo Homes Wilson, Ordinance 75-57, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Ordinance 75-57 THE ZONING OF PROPERTY LOCATED ON THE NORTHWEST CORNER Adopted OF PAULARINO AVENUE AND NEWPORT BOULEVARD, FROM Rl TO I AND R, was given -second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Hertzog NOES: Council Members: Raciti ABSENT: Council Members: None R-75-22 On motion by Councilman Raciti, seconded -by Councilman Arthofer Wilson, Ordinance 75-58, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 75-58 CHANGING THE ZONING OF PROPERTY LOCATED AT THE SOUTH - Adopted EAST CORNER OF CANYON DRIVE AND VICTORIA STREET, FROM M1 TO R2 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson,_Raciti NOES: Council Members: Hertzog ABSENT: Council Members: None 50 -Meter Pool The Clerk announced the next item concerning a presen- tation by Carl H. Carlson regarding construction of a Held Over 50 -meter swimming pool in the City of Costa Mesa. Mr. Carlson was present and presented information in support of the proposal. Communications were submitted from Davis-Duhaime Associates, 2031 East Cerritos Avenue, Suite H, Anaheim; and Bremac Aquatics, Post Office Box 30490, Santa Barbara, both containing information con- cerning conversion of the pool facilities at Costa Mesa High School into a 50 -meter pool. The following persons spoke in support of the proposed swimming facility: Bill Pasquel,-Swimming Coach at Costa Mesa High School, residing at 24372 Los Naranjas, Laguna Niguel; Bill .Barnett, representing Newport -Harbor High School; and Tom LaVelle, 1691 Minorca Place, Costa Mesa, representing the Costa Mesa Aquatics Club and the Costa Mesa Aquatics Boosters. William Davis, representing Davis-Duhaime Associates, gave a break- down of the costs involved in converting the facility at Costa Mesa High School, as outlined in the afore- mentioned communication. Terry Bowen provided information on the maintenance costs of a 50 -meter pool as compared to the existing facility. After considerable discussion, on motion by Councilman Wilson, seconded by Councilman Raciti, and carried, this item was held over to the meeting of December 15, 1975, to allow time for a report from the Liaison Committee which meets during this period. Block Wall on The Clerk presented from the meeting of October 7, 1975, Fairview Road a request for construction of a block wall on Fairview Road. The staff has investigated the request and Denied recommends denial. On motion by Councilman Wilson, seconded by Mayor Pinkley, and carried, the recommenda- tion of the staff was accepted, and the request denied. CONSENT CALENDAR: The following items were removed from the Consent Calendar: Item lla, parking prohibi- tion on California Street and Gisler Avenue; and Item llc, parking prohibition on Wilson Street. Street Name Change to "Estancia Drive" Referred to Planning Commission Reading Folder On motion by Councilman Wilson, seconded by Councilman Raciti, 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 A petition containing 169 signatures from Mesa Verde Homeowners Association, Incorporated, Post Office Box 1834, Costa Mesa, requesting the name of "Estancia Drive" be restored to the street now bearing the name "Placentia Avenue", was referred to the Planning Commission for recommendation. The following Reading Folder items, in Consent Calendar, were received and processed: South Coast Letters in praise of the South Coast Repertory Repertory "Magic Theatre" from the following schools: "Magic Theatre" Mesa'Verde, Marion Parsons, Lindbergh, and Newport Heights. Sidewalks A letter from Mrs. W. J. Neville, 236 Broadway, for City's Costa Mesa, requesting consideration for the Eastside aged by installing sidewalks on the east side of the City. Mosquito Abatement Orange County Mosquito Abatement District District minutes of their 345th meeting held on October 16, 1975. Freeway Routes Resolution froin the City of Villa Park urging 55 and 57' the State of California to complete the con- struction of Freeway Route 55 and supporting the extension of Freeway Route 57 The City Council adopted similar Resolution 75-110 on October 7, 1975. Local Agency Letter from the Orange County Local Agency Formation Formation Commission advising that determination Commission will be made on a proposed annexation, designated Engineer "s No. 161, to the Costa Mesa Sanitary District without notice and hearing, on November 12, 1975, in the general area north of Mesa Verde Drive and west of Harbor Boulevard. Intergovernmental Memorandum from the Intergovernmental Coordi- Coordinating nating Council of Orange County advising of Council those resolutions on file as of September 30, 1975. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by Planning from: Licenses James A. Brierly, doing business as Outer's Inn No. 5, 1033 El Camino Drive; Rains Market, Incorporated, doing business as Bargain Basket, 817 West 19th Street; Newport Harbor Imports Company, doing business at 1555 Newport Boule- vard. A license for William E. Brander, doing business as Pizza's of Ate, 1500 Adams Avenue, No. 108, has been protested by,the Planning Director since this operation is licensed for take-out food only. Objection will be withdrawn when a license for a restaurant End - with on-site consumption is issued by the Reading Folder City. 1 1 0l Business Permit A communication from Robert Wilkinson, 496 East 16th Applications Street, Costa Mesa, for relief from Business Tax Wilkinson liability was denied, and the applicant was assessed the professional flat rate of $40.00, per Costa Mesa Denied Municipal Code Section 9-97. Youth Notice of Intention to Solicit for Charitable Purpose Incentives from Youth Incentives of Washington, D.C., 1100 East Chestnut Avenue, Santa Ana, by door-to-door sales of Denied candy, cookies, and candles, November 18 through December 18, 1975, was denied as'recommended by the Revenue Supervisor. Set for Public The following items were set for public hearing on Hearing'• December 1, 1975, at 6:30'p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: R-75-23 Rezone Petition R-75-23, Costa Mesa Planning Commission, for permission to rezone property located at 3400 Smalley Road, from Al (Agri- cultural) to I and R (Institutional and Recreational), for a public park, in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. R-75-25 Rezone Petition R-75-25, Costa Mesa Planning Commission, for permission to rezone property located on the northwest corner of 16th Street and Monrovia Avenue, from I and R (Institutional and Recreational) to MG (General Industrial) in conformance with the General Plan. A Negative Declaration of Environmental Impact has been filed. Refunds On recommendation of the Revenue Supervisor, a refund of $15.00 to Jeanne Kerr, Antique Auction, 19741 Antique Auction - Bushard Street, Huntington Beach, because two-day Kerr auction at the Orange County Fairgrounds has been cancelled, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Cal Fun Pools On recommendation of the Street Superintendent, refund of a $100.00 Pool Construction Bond to Cal Fun Pools, 2540 West Lincoln Avenue, Anaheim, on Permit No. 9594, as installation has been completed satisfactorily at 1069 Tulare Drive, was approved 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 City Clerk were referred to the City Attorney: Vagabond Motor Hotel, and James W. Patterson. The Traffic Commission recommended prohibition of parking at 617 Hamilton Street to improve sight distance for vehicles exiting driveway. On motion by Councilman Wilson, seconded by Councilman Raciti, Resolution 75-123 Resolution 75-123, being A RESOLUTION OF THE CITY Parking COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Prohibition PROHIBITING PARKING ON PORTIONS OF HAMILTON STREET, Hamilton Street was adopted by the following roll call vote: Resolution 75-124 Bus Stop Relocation on West Wilson Street Ordinance 75-59 First Reading Reduction of Speed Limit on Sunflower'Avenue 'AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: 'Council Members: None The Traffic Commission recommended the relocation of a bus stop at 530 West Wilson Street to alleviate a haz- ardous condition. On motion by Councilman Wilson, seconded -by Councilman Raciti, Resolution 75-124, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELOCATING THE BUS STOP ON WEST WILSON 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 The -Traffic Commission recommended a reduction of the speed limit on Sunflower Avenue between the Southern Pacific Railroad crossing and Fairview Road. On motion by Councilman Wilson, seconded by Councilman Raciti, Ordinance 75-59, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10=332 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO DECREASE THE SPEED LIMIT ON SUNFLOWER AVENUE BETWEEN THE SOUTHERN PACIFIC RAILROAD CROSSING AND FAIRVIEW ROAD, FROM FIFTY MILES PER HOUR TO FORTY MILES PER HOUR, 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-74-44 The street improvements on the north side of Baker Street Street, east of Bristol Street,.in connection with Improvements ZE-74-44, have been completed by Donald Buhler, 3001 Red Hill Avenue, Suite 103, Costa Mesa, to the satis- faction of the Director of Public Services. On motion by.Councilman Wilson, seconded by Councilman Raciti, the work was accepted and the bonds ordered exonerated by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None ZE-74-32 The storm drain improvements in connection with Zone Storm Drain Exception ZE-74-32, have been completed by Mesa Verde Improvements Villas, 4540 Campus Drive, Newport Beach, to the sat- isfaction of the Director of Public Services. On motion by Councilman Wilson, seconded by Councilman Raciti, the work was accepted and the bonds ordered exonerated 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 construction of a City Welcome Sign at Harbor Completion and MacArthur Boulevards has been completed by City Welcome Sunset Construction Company, 1515 West MacArthur Sign Boulevard, No. 7, Costa Mesa, to the satisfaction of the Director -of Public Services. On motion by W Councilman Wilson, seconded by Councilman Raciti, 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 has been 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 construction of the Cherry Lake Storm Drain has Completion been completed by Poulsom-Crowley Company, 11576 Cherry Lake Trask Avenue, Garden Grove, to the satisfaction of Storm. Drain the Director of Public Services. On motion by boots for the Councilman Wilson, seconded by Councilman Raciti, the work was accepted, the Clerk was authorized to file a Shoe Company, Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has Wisconsin,,in been filed, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, the following Wilson, Raciti, Hertzog AYES: NOES: Council Members: None ABSENT: Council Members: None Notice of The landscaping of Fairview Road medians from Fair Completion Drive to Dorset Lane has been completed by Robert Landscaping of Sapien, Incorporated, 4243 Overland Avenue, Culver Fairview Road City, to the satisfaction of the Director of Leisure Medians' Services. On motion by Councilman Wilson, seconded by Councilman Raciti, the work was accepted, the ABSENT: Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion ' has been filed, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Construction Bids received for the Construction of Delhi Road from of Delhi Road Sunflower Avenue to 610 feet South, and Sunflower and Sunflower Avenue from 696 to 1,385 feet East of Bristol Street, Avenue are on file in the Clerk's office. On motion by Councilman Wilson, seconded by Councilman Raciti, the Awarded contract was awarded to Blair Paving, Incorporated, Blair Paving 200 Intrepid Street, Newport Beach, in the amount of $110,111.57, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Leather Safety On motion by Councilman Wilson, seconded by Councilman Boots Purchased Raciti, the purchase of 92 pairs of leather safety from Chippewa boots for the Fire Department from Chippewa Boot and Boot and Shoe Shoe Company, 925 First Street Northeast, Chippewa Falls, Company Wisconsin,,in the amount of $3,914.28, 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 295 Bids received for Bid Item 295, Labor and Material ' Carpet for to Re=carpet Mesa Verde Library, are on file in the Mesa Verde Clerk's office. On motion by Councilman Wilson, Library seconded by Councilman Raciti, the bid was awarded to Newport Floor Covering, 3500 East Coast Highway, Awarded Corona del Mar, in the amount of $5,892.54, being Newport Floor the lowest bid meeting specifications, and subject Covering to approval of the Orange County Board of Super- visors, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Water Meters On motion by Councilman Wilson, seconded by Council - for Landscaping man Raciti, the installation of nine water meters by on Fairview Road the Costa Mesa County Water District, for median landscaping on Fairview Road, sole source, in the amount of.$4,075.00, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Final Map of Final Map of Tract 8915, R and W Development II, Tract 8915 188 East 17th Street, Costa Mesa, developer, 16 lots, 1.682 acres, located at the northeast corner of Hamilton Street and .Valley Road, was presented along with the Subdivision Agreement covering the installation of street improvements, and storm drain, -water, and sewer systems in said Tract. On motion by'Councilman Wilson, seconded by Councilman Raciti, the Council did approve said Map and did accept on behalf of the public the offer of dedica- tion for street purposes: Ridgecrest Circle, and did accept on behalf of the City of Costa Mesa: (1) the 3.00 -foot public utility easement as dedicated, -(2) all vehicular access rights to Valley Road as dedi- cated, (3) all vehicular access rights to Hamilton Street as dedicated, and did also approve subject Map pursuant to the provisions of Section 66436 (b) (1) of the Subdivision Map Act; and did approve the Subdivision Agreement; and the Mayor and Clerk were authorized to sign said documents 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 Parking Item lla on the Consent Calendar, a recommendation Prohibition from the Traffic Commission for prohibition of California Street parking on California Street and Gisler Avenue for and Gisler Avenue bicycle lanes, was presented. A communication in opposition to the proposed parking prohibition has Held Over been received from S. Glen and Connie L. Waldron, 3235 Dakota�Avenue, Costa Mesa. The Clerk read a letter from the Newport -Mesa Unified School District, 1857 Placentia Avenue, Costa Mesa, stating their opposition to the proposal and urging the Council to consider establishing a two-way bike lane on the south side of Gisler Avenue, leaving parking available on the north side. Mel Chamberlain, 3237 Idaho Place, Costa Mesa, spoke in opposition to the request, expressing concern that parking problems will be 1 1 i created by'this action. On motion by Councilman Hammett, seconded by Councilman Wilson, and carried, this item was held over to the meeting of December 1, 1975, and will be discussed prior to that date in a Study Session on November 24, 1975. Prohibition of Item llc on the Consent Calendar, a recommendation parking on from the Traffic Commission for prohibition of parking Wilson Street for street cleaning purposes on Wilson Street between Newport Boulevard and Fairview Road, was presented. After discussion, on motion by Councilman Wilson, Resolution 75-125 seconded by Councilman Hammett, Resolution 75-125, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON WILSON STREET BETWEEN NEWPORT BOULEVARD AND FAIRVIEW ROAD DURING SPECIFIED TIMES FOR STREET CLEANING PURPOSES, was adopted by the following roll call vote: AYES: Council Members: Hammett, Wilson, Raciti, Hertzog NOES: Council Members: Pinkley ABSENT: Council Members: None Councilwoman Hertzog requested that the residents be notified of this action prior to the signs being erected. The City Manager -recommended that this program not be implemented until January, 1976, so that this may be accomplished. Warrant On motion by Councilman Wilson, seconded by Councilman Resolution 910 Raciti, Warrant Resolution 910 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 911 Wilson, Warrant Resolution 911, including Payroll 7522, was approved by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Surplus Property On motion by Councilman Wilson, seconded by Councilman Harbor Boulevard Raciti, a 6.21=acre parcel of land located in the and South Coast vicinity of Harbor Boulevard and South Coast Drive at Drive at the San the San Diego Freeway, was declared surplus property, Diego Freeway and the City Manager was authorized to proceed accord- ing to legal requirements.to sell the land following receipt of updated appraisal, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Conference On motion by Councilman Hammett, seconded by Councilman Advances Raciti, Conference Advances for Mayor Pinkley and Councilman Wilson to attend the National League of Cities Conference in Miami, Florida, November 30 to December 4, 1975, were approved in the amount of $350.00 each, by the following roll call vote: AYES: Council Members: Pinkley, Hammett, Wilson, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None Recess The Mayor declared a recess at 8:00 p.m., and the meeting reconvened at 8:05 p.m. Public Hearing The Clerk announced that this was the time and place Public Nuisance set for the public hearing to consider the request Vehicles - of John T. Hawley, The Railmakers, 1610 Babcock Hawley Street, Costa Mesa, appealing a decision of the Planning Commission concerning public nuisance vehicles at 864 and 868 West 18th Street. The applicant was not present. Zoning Inspector Jim Weir reported on the status of the property at this time and indicated that the applicant requested additional time to clear the property. Mr. Weir recommended an extension of time to December 1, 1975, be granted. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Councilman Wilson, and carried, an extension was granted to December 1, 1975. As part of the motion, the City Attorney was directed to commence legal action on December 2, 1975, if it becomes necessary, to abate the nuisance. - Public Hearing The Clerk announced that this was the time and place R-75-24 set for the public hearing for Rezone Petition R-75-24, Nabers Richard W. Nabers, 2600 Harbor Boulevard, Costa Mesa, for permission to rezone property located at 454, 458, Denied and 464 Princeton Drive from R1 to C1 -CP. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. Communications in,opposition to the request have been received from the following Costa Mesa residents: Edward B. Fredricks, 458 Swarthmore Lane; Henry S. Panian, 436 Swarthmore Lane; Howard Assel, 442 Swarthmore Lane; and Alfred and Dina Rosellini, 441 Princeton Drive. Additionally, a petition containing 139 signatures has been submitted in opposition to the rezone. The Planning Commission recommended denial. Donald E. Smallwood, 366 San Miguel Drive, Newport Beach, representing the applicant, was present and requested to amend the petition limiting the rezoning to only the corner lot. The City Attorney recited the Government Code require- ments that an amendment, if accepted, must be returned to the Planning Commission if it has not been . previously considered by them. The following Costa Mesa residents spoke in opposition to the rezone: William Dosta, 317 Princeton Drive; Mrs. Zilz, 305 Bowling Green Drive; Wayne -Horowitz, 450 Elmhurst Lane; Russell Millar, 223 Wellesley Lane; Brad Coons, 2276-F Maple Avenue; Bud Lengtat, 432 Princeton Drive; Carl Boswell, 288 Bowling Green Drive; and Peter Hamborg, 457 Princeton Drive. Additionally, a state- ment was read and submitted for the record from Bill Bandaruk, President, College Park Homeowners Associa- tion, also in opposition to the request. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilman Raciti, seconded by Councilman Hammett, and carried, Council- man Wilson voting no, the request was denied. Request for This item was taken out of order as it directly pertains Rehearing to the preceding item. The Mayor presented a request GP -75-3B from Attorney Donald E. Smallwood, representing Nabers Nabers Cadillac, Incorporated, 2600 Harbor Boulevard, Costa Mesa, for rehearing of General Plan Amendment GP -75-3B, Withdrawn which was denied by Council on November 3, 1975. On motion by Councilman Raciti, seconded by Mayor Pinkley, and carried, the request was granted and the public hearing set for December 15, 1975, at 6:30 p.m. Follow- ing the motion, several unidentified speakers addressed the Council from the floor expressing their confusion MW in following the procedure being taken. Attorney Smallwood addressed the Council at this time and withdrew the request for a rehearing of GP -75-3B. On motion by Councilman Wilson, seconded by Council- man Hammett, and carried, the request to withdraw was accepted. Recess The Mayor declared a recess at 9:55 p.m: and the meeting reconvened at 10:00 p.m. Public Rehearing The Clerk announced that this was the time and place ZE-75-94 set for the rehearing requested by Peter B. James, 586 Brokenbourgh Grand Haven Circle, Costa Mesa, of Zone Exception ZE-75-94, William J. Brokenbourgh, 17851 Norwood Park, Tustin,"for conditional use for an auto repair and light auto body work business in an M1 zone, located at 2062 Placentia Avenue. An Exempt Declaration of Environmental Impact has been filed. The affidavit of publishing, posting, and mailing is on file in the Clerk's office. Communications in opposition to the Zone Exception have been received from Randall R. McCardle, The Real Estaters, 2790 Harbor Boulevard, and Nora R. Walker, Post Office Box 46, Sedona, Arizona, owner of property at 2035 Placentia Avenue. Mr. James was present and expressed opposition to Condition No. 1 concerning alley and sidewalk improve- ments. During the discussion which followed, Mr. James indicated he would be in agreement with that portion of the Condition concerning the alley improve- ments but objected to the sidewalk improvement. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by - Councilwoman Hertzog, and carried, Condition No. 1 was amended to eliminate that portion of the Condition concerning sidewalk improvements. ZE-74-57 The Director of Planning presented a request from Alcorn James H. Gregory, on behalf of Carol Rae Alcorn, requesting a change in plans for Zone Exception ZE-74-57, for property located at 377 West Bay Street, which would eliminate construction of a swimming pool at the rear of the property and replace with a patio and barbeque area. The Planning Commission recommended approval. On motion by Councilman Raciti, seconded by Councilman Wilson, and carried, the amended application was approved as recommended by the Planning Commission. ZE-74-62 The Director of Planning presented from the meeting of DeFrenza November -3, 1975, a request for a 180 -day extension of Zone Exception ZE-74-62, retroactive to August 6, 1975, and expiring February 6, 1976, for Antonio DeFrenza, 2430 Windward Lane, Newport'Beach,'for permission to operate a pre-school for a maximum of 82 children, five days a week, from 7:00 a.m. to 6:00 p.m., in a Cl zone, located at 3021-23 and 3025-27 Deodar Avenue. The Planning Commission recommended approval. The Director of Public Services reported on the results of the traffic study requested by Council. On motion by Councilman Wilson, seconded by Councilman Raciti, and carried, Councilwoman Hertzog voting no, the request was approved as recommended by the Planning Commission. ZE-75-98 The Director of Planning presented from the meeting of The Family November 3, 1975, an application for Zone Exception Group Homes ZE-75-98, The Family Group Homes, 1920 East Katella Avenue, Suite 0, Orange, for a Conditional Use Permit Denied for a foster home with six boys and resident super- visory couple in an existing home in an R1 zone, s e- located at 550 Sturgeon Drive. A Negative Declaration of Environmental Impact hasfbeen filed. The Planning Commission recommended approval subject to conditions. Letters in opposition to the request have been received from Martin Meleson, 558 Sturgeon Drive, Costa Mesa, and Mr. and Mrs. Bernard J. Leyendecker, 549 Sturgeon Drive, Costa Mesa. Additionally, a petition containing 17 signatures has been received, also in opposition to the request. The applicant was not present. Brad Coons, 2276-F Maple Avenue, Costa Mesa, asked if the concept of a foster home could be considered separable from operating such a home as a business. In response, the City Attorney cited the Government Code definition. After discussion, on motion by Councilman Hammett, seconded by Councilman Wilson, and carried, the request was denied. ZE-75-112 The Director of Planning presented from the meeting of Union Oil November 3, 1975, an application for Zone Exception ZE-75-112, Union Oil Company of California, Post Office Box 7600, Los Angeles, for a Conditional Use Permit for exterior alterations to an existing service station in a C2 zone, located at 2248 Harbor Boulevard. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Bob Franks, representing the applicant, was present to answer questions from the Council. The property owner, Mr. Stovall, was present and -objected to conditions pertaining to land dedications. After discussion, on motion by Councilman Wilson, seconded by Councilwoman Hertzog, and carried, the Exempt Declaration of Environ- mental Impact was accepted as meeting the requirements of the law,'and the application approved subject to conditions as recommended by the Planning Commission, with the deletion of Planning Condition Nos. 4 and 5, and Other Requirements, numbered 1, 2, and 3. ZE-75-117 The Director of Planning presented an application for Andranian Zone Exception ZE-75-117, Alex S. Andranian, 5824 South Sherbourne Drive, Los Angeles,'for Conditional Use Permit to operate an automobile body repair and paint- ing -facility in -an Ml zone, located at 1650 Superior Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to the conditions. On motion by Councilman Wilson, seconded by Councilman Hammett, 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-75-118 The Director of Planning presented an application for Hall Zone Exception ZE-75-118, James Gary Hall, 345 University Drive, Costa Mesa, for variance from Costa Mesa Municipal Code Section 138.4 to allow construction of a patio cover encroaching to within one foot of the rear property line in an R2 -CP zone, located at the above address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to one condition. The applicant was present and answered questions from the Council. On motion by Councilman Wilson, seconded by Councilman Hammett, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to the condition as recommended by the Planning Commission. 1 1 ii ZE-75-120 The Director of Planning presented an application for Smith Zone Exception ZE-75-120, Clyde W. Smith, Jr., 2951-B South Sycamore Street, Santa Ana, for a Conditional Use Permit to operate an automobile restoration shop in an M1 zone, located at 2032 1°D" Placentia Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A communication in support of the request has been received from Felix Van Beek, 2220 Donnie Road, Newport Beach. Communications in opposition to the request have been received from Randall R. McCardie, The Real Estaters, 2790 Harbor Boulevard,'Costa Mesa; and Nora R. Walker, Post Office Box 46, Sedona, Arizona. The applicant was present and expressed his objections to the conditions. After discussion, on motion by Councilman Hammett, seconded by Councilman Raciti, and carried, the Exempt Declara- tion of Environmental Impact was accepted as meeting the-requirements of the law, and the application approved subject to all conditions as recommended by the Planning Commission. ZE-75-123 The,Director of Planning presented an application for Bissell Zone Exception ZE-75-123, Frank Bissell, 874 West 19th Street, Costa Mesa, for a Conditional Use Permit for Denied outdoor storage of roofing materials and construction equipment on a vacant lot in.a C1 zone, located at 877 West 19th Street. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended denial. A communication in opposition to the request has been received from R. Kropp, 154 El Levante-, San Clemente, owner of property at 879.Arbor Street. The applicant was present and answered questions from the Council. Mr. Bissell expressed objections to Condition Nos. 4, 5, 6, 7, and 8. Brad Coons, 2276-F Maple Avenue, Costa Mesa, asked if the types of material to be stored would include tar melting vehicles. After discussion, on motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the request was denied as recommended by the.Planning Commission. ZE-75-124 The Director of Planning presented an application for Lawson Zone Exception ZE-75-124, Lance Lawson, 1141 South Flower Street, Santa Ana, for a Conditional Use Permit to allow outdoor storage of vehicles in a C2 zone, located at 2672 Newport Boulevard. An Exempt Declar- ation of Environmental Impact has been filed. The Planning Commission recommended denial. The applicant was.present and objected to the proposed conditions requiring lot paving and security lighting. After discussion, on motion by Councilman Wilson, seconded by Councilwoman Hertzog, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation••approved subject to the staff conditions with an amendment of Condition No. 5 changing the words "building permit" to "business license". Car Auction at The City Manager reported on a car auction event at Fairgrounds the Orange County Fairgrounds from which the City derived no sales or business taxes. On motion by Councilman Hammett, seconded by Councilman Wilson, and carried, the City Manager was authorized to investigate this matter and report back. ZE-75-125 The Director of Planning presented an application for Konwiser Zone Exception ZE-75-125, Konwiser Corporation, 4120 Birch Street, Suite 104, Newport Beach, for a variance from Costa .Mesa Municipal Code Section 13-150, to allow a 10 -foot encroachment into the required 15 -foot rear yard.setback; and variance from Costa Mesa Municipal Code Section 13-151, to allow accessory structures in the front yard, to construct 15 apart- ments to meet CP standards in an R3 -CP zone, located at 224 Avocado Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Mr. Konwiser was present and voiced objection to Condition No. 6 concerning an on-site fire hydrant which he would prefer to be off-site. After discussion, on motion by Councilman Wilson, seconded by Councilwoman .Hertzog,. and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to all conditions as recommended by the Planning Commission, with the right to appeal the off-site fire hydrant condition if Council policy with respect to fire hydrant installation is changed in the future. Oral Harry-Hjorth, 320 Hanover Drive, Costa Mesa, spoke Communications concerning the removal of certain trees in his neighborhood. This matter was referred to the City. Manager for investigation. Brad Coons, 2276-F Maple Avenue, Costa Mesa,. also asked questions concerning the City's tree removal policy. Linda Lamb, representing -The Bag, Incorporated, 1145 Baker .Street, complained that the employees and the - customers of .this.establishment are being harassed by the -police. Miss Lamb was advised to reduce her statements to writing and submit them to the City Manager for investigation. The City Manager discussed a problem with the median strip on Golf Course Road, Councilmanic Councilman Wilson suggested that the City investigate Comments the possibility of changing the name of Newport Boulevard to Costa Mesa Boulevard. Councilman Wilson . also requested an expansion of the parking prohibition for street sweeping days, to include the newer tracts such as Mesa North and Greenbrook etc. Councilman -Hammett -suggested a time limit on pre- sentations. Adjournment The Mayor declared the'.meeting adjourned at 12:10 a.m. Mayor of tie City of Costa MI sa ATTEST: . Q City Clerk of the City of Cost esa