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HomeMy WebLinkAbout04/06/1970 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 6., 1970 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:.30 p.m.; April 6., 1970,at the City Hall 77 Fair Drive, Costa Mesa: The meeting was called to order,by-the Mayor for the purpose of discussion and debate on matters scheduled and such actions as the Council desires to take under Section 2203 of the Municipal Code of the,-City.of Costa Mesa. Councilmen Present: Wilson, Tucker, Pinkley, Jordan., St. Clair Roll Call Councilmen Absent: None Officials.Present: Assistant City Manager, City Attorney, Director of Public Works/City Engineer, Acting City Clerk Minutes The Mayor asked if there were any corrections or additions March 16.., 1970 to the minutes of the regular meeting of March 16, 1970, and,there-being none, the minutes were approved as distri- buted and posted. The Clerk presented for second reading and adoption, Close Out Sales Ordinance 70-16, being AN ORDINANCE OF THE CITY COUNCIL OF. THE CITY OF COSTA MESA., CALIFORNIA, PROVIDING FOR THE Ordinance 70-16 REGULATION OF BUSINESS ACTIVITIES IN THE FORM OF CLOSE Adopted OUT SALES AND MAKING PROVISIONS FOR FEES, REGULATIONS AND OTHER MATTERS IN.CONNECTION,THEREWITH. On motion by Councilman St.'.Clair., seconded by Councilman Jordan., said ordinance was,given second reading and adopted by the following roll call vote: AYES: Council -men: Wilson., Tucker, Pinkley, Jordan., St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Clerk presented from the meeting of March 16, 1970, Improvements at a request for.informal bid contract for street improvements Elden and 22nd at Elden Avenue at 22nd Street. On motion by Councilman Approved Jordan, seconded by Councilman St. Clair, the request was approved by the following roll call vote.: AYES:. Councilmen: Jordan., Pinkley., Tucker,, St. Clair NOES: Councilmen: Wilson ABSENT: Councilmen: None R. W. McClellan and Sons was awarded the job for the total price of $3,376.00. Edison The Clerk presented from the meeting of March 16, 1970, Right of Way License Agreement.for Edison Right of Way. The Assistant City Manager requested that the matter be held over until Held Over further -word is received from the Edison Company. On motion by Councilman Jordan., seconded by Councilman St. Clair, and carried,, the matter was held over, as requested. The Clerk reported on bids for furnishing of Labor and Material to Slurry Seal the Asphalt Walks and Parking Areas Bid,Item 140 of Charles A. TeWinkle Park. The Purchasing Agent requested Slurry Seal that the two bids, one from Traffic Engineering, Incorporated, in the amount of $2,823.24, and. the other from R. W. McClellan Rejected. and Sons, Incorporated, in the amount of $5,070.00, be rejected and new specifications be authorized to be opened on May,l,, 1970. On motion by Councilman Tucker, seconded by Councilman St. Clair, and carried., the bids were rejected - and -new specifications authorized, as requested. Written The Clerk read.a communication from Robert A. Geier, Communications Administrative Assistant, Congress of the United States, House of Representatives, stating that there was no action that his office can take in support of the Council's resolution of the City of Costa Mesa concerning representa- tion for Washington, D. C. until after the election in June when the vacancy caused.by the death of Congressman James -B. Utt will be filled; letter from Local Agency .Formation Commission, County Administration Building, Santa Ana, California, regarding.proposed annexation to Costa Mesa Park and Recreation District designated -Whittier Heights Annexation. The Clerk read a letter from Dorothy'White, 4401 Birch Street, Newport Beach, requesting left turn lane and left Request for Left turn arrows at intersection of Redhill Avenue and Turn Lane and MacArthur Boulevard. On motion by Councilman Wilson, Arrows at Redhill seconded by Councilman Jordan, and carried, the letter and MacArthur was referred to the Traffic.Engineer and Traffic Commis- sion for study.and.recommendation at the next meeting of the Council on April 20, 1970. The Clerk read a letter from Donald R. Rimpau, President, Orange County Farm Bureau, 1916 West Chapman Avenue, Orange, requesting the Mayor and Council to answer three questions posed by the Bureau in connection with work they are doing in the county -wide General Planning Program. The Clerk read a letter from Mr. Donald E. Swedlund, 585 West 19th Street, Costa Mesa, requesting complete disclosure by all office holders and candidates of their investments and sources of income that are in any way related to expenditures of city tax funds, or if they profit directly or indirectly from salaries or other income from city expenditures; letter from Paul T. Jalbert, Chairman, Committee for Governmental Awareness, 31+1 Killarney Lane, Costa Mesa, inviting members of the City Council, and Department Heads to attend and partici- pate in the "Meet the Candidates" night on April 10, 1970, at 7:00 p.m..in the auditorium of Estancia High School; a letter from Mr. and Mrs. Fred Jones, Newport Beach, regarding traffic problem on Industrial Way, from Superior Avenue to Newport Boulevard. The Clerk read a letter and.resolution of condolence which was adopted.by the City Council of the City of Anaheim from the City Clerk, on the passing of C. K. Priest. On Resolution Adopted. motion by Councilman Jordan, seconded by Councilman Wilson, by City of Anaheim and carried, the Clerk was instructed to send each of for C. K. Priest Mr. Priest's children a copy of the resolution. The Clerk read. a letter from Don S. Mozley, County Tax Collector, listing parcels in Costa Mesa which were deeded to the State of California,.July 1, 1969, for non-payment of taxes; copy of letter to Mr. Jay Murley, Chairman, Police Practices Committee, American Civil Liberties Union of Southern California, 323 West Fifth Street, Los Angeles, from Chief Neth regarding arrest of Irvin Daniel Coleman, 528 West 19th Street, Santa Ana. On motion by Council- man St. Clair, seconded by Councilman Tucker, and carried, the letter from Mr. Murley and the reply from Chief Neth were referred to the City.Attorney for study and report back. The Clerk read a letter from William F. Cornett, City. Letter of Administrator, City of Fullerton, 303 West Commonwealth Appreciation Avenue, Fullerton,'expressing appreciation for the fine City of Fullerton cooperation of Police Chief and Police Department of Costa Mesa in responding to their request for support in the recent severe disturbances at the State College campus in Fullerton. Written The Clerk presented a copy of a letter from Mrs. A. J. Communications Delphino, 1623 Mesa Drive, Santa Ana, to the Manager of (Continued) the Pacific Telephone Company complaining about poor repair service. On motion by Councilman Wilson, Complaint seconded by Councilman Tucker, and carried, the letter Pacific Telephone was referred to the Assistant City Manager for, investi- Repair Service gation and report back. The Clerk presented a copy of a letter from John W.. Shaver, Assistant District Engineer, State Division of Highways, District 7, Post Office Box 2304, Los Angeles, regarding TOPICS Study Application dated March 9, 1970, stating that it had been forwarded to Sacramento for further pro- cessing; letter from R. E. Thomas, County Administrative Officer, with a resolution.(Number 70-120) regarding charges for city prisoners booked and held in.the County jail; letter from the Controller's office, Houston I. Flournoy, State Controller, Sacramento, regarding apportionment of Trailer Coach Fees; Minutes of Executive Meeting of Orange County Division, League of Cities of March 12, 1970; Invitation from City of Buena Park Arts and Cultural Commission to attend the Restoration and Completion of the Whitaker -Jaynes Estate Open House and Dedication on Sunday, April 5, 1970, at 2:00 p.m.; Minutes of the 278th Meeting on March 19, 1970, of the Orange County Mosquito Abatement District; Bulletin from J. Barth and Company, The Municipal Financial Consultant, regarding Proposition 7, State Bond Interest Rate Ceiling, June, 1970, special election ballot; resolution from City of Seal Beach regarding simultaneous elections. The City Clerk stated that:Resolution 70-18 already had been adopted on February 16, 1970, by the City of Costa Mesa. The Clerk also presented a Transmittal Notice from Pacific Telephone.and Telegraph Company regarding application for authority to increase and decrease certain intrastate rates and charges applicable to telephone service furnished within the State of California. On motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the list was referred to the Assistant City Manager for investigation and report back to Council. , Alcoholic Beverage The Clerk presented the following Alcoholic Beverage License Licenses for Council approval: Person-to-person trans- fer from -Edward F. and June M. Zilm, for Casa Garcia, 1712 Placentia Avenue, to David V. Garcia and George V. Garcia; Planning Department approved parking: Person- to-person transfer of off sale beer and wine from Robert C. Hall and Barbara Hall, The Southland Corporation„ to James G. Webster and Jessie E. Webster, The Southland Corporation, for 7 -Eleven Store at 488 East 17th Street; Planning approved parking: Person-to-person transfer of off sale beer and wine from the Southland Corporation to Anita J. Palmer and Paul Palmer, Mesa Village Market, 1031 E1 Camino Drive; Planning approved parking: Person- to-person transfer of on sale beer license from George H. Weaver, Jr. and Geraldine Weaver, 1562 Newport Boulevard; Store C & D. to Jerry L. Furfaro, George Weaver and Geraldine Weaver (adding a partner) for The Queen B at the same address; Planning approved parking: Person-to- person transfer of on sale beer license from Harrison S.' Perryman, by Special Power of Attorney by Joe Johnson; to Hadley E. Le Blanc and Lila L. Le Blanc, for The Bedroom, 130-32 Placentia Avenue; Planning Department protested this application on the grounds of insufficient parking. On motion by Councilman St. Clair, seconded by Councilman Jordan, and, carried, all alcoholic beverage applications were approved, except for The Bedroom. The protest of Planning was upheld by the Council. At,this time, Councilman Tucker requested that the letter from Mr. Swedlund be read again by the Clerk. The Clerk read the letter and on motion by Councilman Tucker, seconded by Councilman Wilson, and carried, the matter was referred to staff and the City Attorney for research and report, as City Attorney to requested in Mr. Swedlund's letter, and the City Attorney Report on Laws was also requested to include Council candidates, Department Regarding Conflict Heads and staff in his proposals. Also, the Council of Interest and requested the City Attorney to research existing laws for Code of Ethics conflict of interest and code of ethics on the State legislative level and whatever else is available on establishing a policy of code of ethics. On motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the written communications were received and filed. Permits The Clerk presented an application for transfer of two pool tables from The Hanger, 2000 Newport Boulevard to Mr. Fat Fingers, 780 West 19th Street from Reliable The Hanger Vending, 350 West 130th Street, Los Angeles (new name: California Amusement Company). On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved. The Clerk presented an application for yearly auction California Horse from California Horse Sales, John Hammer and Billy Evans, Sales Auction 4413 West Regent Drive, Santa Ana, for Sundays only at Orange County Fair Grounds. On motion by Couuncilman Wilson, seconded by Councilman Tucker, and carried, the application was approved. The Clerk presented an application for ratification from Itinerant Winthrop Scott & Company, Coast Color Division, 1620 West Photographer 20th Street, Los Angeles, for itinerant photographer on March 5, 6 and 7, 1970, at Youngland, 2300 Harbor - Boulevard. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the permit was ratified. The Clerk presented application from Lloyd One -Day Auction Showers, 375 East 17th Street, for a one day auction for April 18, 1970. On motion by Councilman St. Clair, seconded by Councilman Wilson, and carried, the applica- tion was approved. The Clerk presented application from California Amusement Mr. Fat Fingers Company, 350 West 130th Street, Los Angeles, for one pool table at Mr. Fat Fingers, 780 West 19th Street. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved. The Clerk presented application from California Amusement Company, 350 West 130th Street, Los Angeles, for one Royal Crest pool table at The Royal Crest, 1700 Placentia Avenue. On motion by Councilman Jordan, seconded by Councilman St. Clair and carried, the application was approved. The Clerk presented Notice of Intention to Solicit for Charitable Purpose from Orange County Association for Retarded Children, 2002 West Chestnut Street, Santa Ana, for ticket sales to business and professional people via Orange County telephone for Montie Montana's Wild West Show, September 13, Association for 1970, Santa Ana Bowl, Santa'Ana. Proceeds to be used for Retarded Children the rehabilitation of mentally retarded in Orange County. Finance Department recommended approval subject to the Association making 85 percent contribution to charity. On motion by Councilman St. Clair, seconded by Councilman Tucker, and carried, the application was approved subject to the contribution of 85 percent to charity. Section 69141 was waived as requested. 1 1 1.31. On motion by Councilman St. Clair, seconded. by Councilman Departmental Jordan; and carried, the following departmental reports were Reports received and filed: City Clerk, Fire Department,.Street and Parkways., Building Safety, Finance, Traffic Engineer, Police. The Clerk presented Notice of Intention to Solicit for National Multiple Charitable Purpose from National Multiple Sclerosis ,Sclerosis -Society Society, 11752 Garden Grove Boulevard., Suite 108, Garden Grove, for Residential March and placement of canisters, May 10, 1970,.through June;14, 1970. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the application was approved, and -Section 691+ J of the Municipal Code waived. The Clerk read a letter from the Street and. Parkway Director Cash Deposit recommending that a cash deposit of $100.00 be refunded to Refunded to Walt McLoon, Cal -Fun Pools, 25+0 West Lincoln, Anaheim, Cal_ -Fun Pools as street work at 2776 Mendoza Drive had been completed to the satisfaction of the Street Department. On motion by Councilman Jordan, seconded by Councilman Tucker,.and carried, the refund of $100.00 was authorized by the fol- lowing roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: _None ABSENT: Councilmen: None The Clerk read a letter from Harbor Sound, Post Office Box 1826, Costa Mesa, by Jim Garvey, Sound Equipment Chair - Request from man,, requesting permission to. operate three sound trucks Harbor Sound between the hours of 9:00 a.m. to 1:00 p.m. and again at 3:00 p.m. until 7:00 p.m. This equipment would be in operation on April 11, 13 and 14. Request isIin behalf of the campaign of Mr. Jack Hammett, a candidate for Council. On motion,by Councilman Wilson, seconded by Councilman Pinkley, and carried, the request was granted. with no fee to be paid. The Clerk read a letter from William J. Walsh, 224 Tulane Request from - Road, Costa Mesa, requesting permission to erect directing Unitarian-' signs, shown on a submitted sketch, to the Unitarian - Universalist Church Universalist Fellowship art festival in Costa Mesa's Vista Referred.to the Park on Victoria Street, near Pacific -Avenue * acificAvenue. Permission City Manager was granted to hold the Arts and. Crafts Show'at the Council meeting of January 19, 1970. He also requested that they be allowed to remove or lower the cable which encloses the east end of the park, and also requested permission to park a Cardinal 14 -foot travel trailer on the property and. occupy it for the two nights of May 22 and May 23 to guard the art exhibits and equipment with Mr. Jay Allen. The Recreation Director addressed the Council regarding this and stated that only a portion of.the cable should be lowered. After.discussion, on motion by Councilman Wilson, seconded by Councilman"St. Clair, and carried, the letter was referred to the City Manager for study and. discussion ...with the�Planning Department, Parks and Recreation Depart- ments and the matter .will be on the agenda of the meeting ,of April 20, 1970. The Clerk presented. a letter from the Orange County Chapter of the National Multiple Sclerosis Society, 519 North Grand Multiple Sclerosis Avenue, Suite C, Santa Ana, requesting a proclamation be Awareness Month declared.by the Council for May 10, 1970, through June 14, 1970, as MULTIPLE SCLEROSIS MONTH. They also Proclamation -AWARENESS requested permission to conduct their annual fund raising Issued campaign activities during that period. On motion by Councilman Jordan, second.ed•by Councilman St. Clair, and carried., the request to conduct their campaign activities and the request for a proclamation were approved. On motion by Councilman St. Clair, seconded. by Councilman Departmental Jordan; and carried, the following departmental reports were Reports received and filed: City Clerk, Fire Department,.Street and Parkways., Building Safety, Finance, Traffic Engineer, Police. JC 2 On motion by Councilman St. Clair, seconded by Councilman Warrant Jordan, Warrant Resolution No. 613, including Resolution 613 Payrolls 7006 and 7007 were approved by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Mayor declared a recess at 7:43 p.m. PART II The City Council of the City of Costa Mesa, California, continued.its regular session at 7:56 p.m., April 6, 1970, 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 and invocation by Director of Public Works George E. Madsen. Councilmen Present: Pinkley, Wilson, Jordan, Tucker, Roll Call St. Clair Councilmen Absent: None Officials Present: City Attorney, Assistant City Manager, Director of Public Works/City Engineer, Acting City Clerk On motion by Councilman Jordan, seconded by Councilman Special Meeting Tucker, and -carried, a special meeting was called for April 8, 1970 Wednesday evening at 6:30 p.m:, April 8, 1970, for the purpose of studying the golf course inventory and settling the matter as soon as possible. Mayor Pinkley called Miss Rita Wakely and Mr. Bill Landers of the Orange Coast Forensic Team to the microphone and requested Councilman St. Clair to explain the reason why they were present. Councilman St. Clair also. read a Orange Coast resolution commending the team for their outstanding per - College Forensic formance. Miss Wakely and Mr. Landers spoke from the Team floor and requested that any contributions could be sent to the Orange Coast College Forensic Foundation and that On motion by Councilman Wilson, seconded by Councilman Warrant Tucker, Warrant Resolution No. 614 was approved by the Resolution 614 following roll call -vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution No. 615 was presented for approval and Warrant after lengthy discussion, during which time Mr. Ted -C. Resolution 615 Bologh spoke from the floor, the City Attorney and Assistant City Manager addressed the Council regarding payment to Peter M. Elliott as Trustee for the Bankrupt Estate of PRO Enterprises, Incorporated, for inventory at the golf course, Councilman Tucker made a motion, seconded by Councilman St. Clair, to hold.the warrant over for -two weeks. The motion and second were then withdrawn and a new motion made by Councilman Jordan, seconded by Council - Meeting to be Held man Tucker, and carried, a special meeting was called for for Study of Wednesday evening, April 8, 1970, at 6:30 p.m. for discus- Inventory at sion on the inventory only, Council to be furnished:with Golf Course copies of inventory in the meantime, Councilman Pinkley voting No. The portion of Warrant Resolution No. 615 for Payment to payment of $146.00 to Organization for Computer Planning Organization for was authorized by the following roll call vote: Computer Planning AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, Authorized St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Mayor declared a recess at 7:43 p.m. PART II The City Council of the City of Costa Mesa, California, continued.its regular session at 7:56 p.m., April 6, 1970, 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 and invocation by Director of Public Works George E. Madsen. Councilmen Present: Pinkley, Wilson, Jordan, Tucker, Roll Call St. Clair Councilmen Absent: None Officials Present: City Attorney, Assistant City Manager, Director of Public Works/City Engineer, Acting City Clerk On motion by Councilman Jordan, seconded by Councilman Special Meeting Tucker, and -carried, a special meeting was called for April 8, 1970 Wednesday evening at 6:30 p.m:, April 8, 1970, for the purpose of studying the golf course inventory and settling the matter as soon as possible. Mayor Pinkley called Miss Rita Wakely and Mr. Bill Landers of the Orange Coast Forensic Team to the microphone and requested Councilman St. Clair to explain the reason why they were present. Councilman St. Clair also. read a Orange Coast resolution commending the team for their outstanding per - College Forensic formance. Miss Wakely and Mr. Landers spoke from the Team floor and requested that any contributions could be sent to the Orange Coast College Forensic Foundation and that B Orange Coast all contributions would be most welcome as they were College Forensic trying to arrange for a trip to Michigan to compete in Team the National Forensic Competition being held on May 5 (Continued) through May 10, 1970. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, Resolution 70-35, Resolution 70-35 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COM MMING THE ORANGE COAST FORENSIC TEAM FOR OUTSTANDING PERFORMANCE, was adopted by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Mr. Dave Yarnal spoke from the floor briefly commending the team from Orange Coast College, under the direction of Barbara Burgess. The City Attorney requested an amendment to the ordinance Mobile X -Ray Units regulating Mobile X -Ray Units. On motion by Councilman Wilson, seconded by Councilman Jordan, Ordinance 70-17, Ordinance 70-17 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Given First Reading MESA, CALIFORNIA, REGULATING MOBILE X-RAY UNITS AND MAKING PROVISIONS FOR THE AVAILABILITY OF X-RAY FILMS, was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The City Attorney reported that Bethel, Towers has filed Bethel Towers Suit suit against the County.of Orange for return of taxes. He requested that a resolution be passed authorizing the County Counsel's office to defend the suit, in accordance with an agreement that our City Attorney has with the Resolution 70=36 County. On motion by Councilman St. Clair, seconded by. Councilman Jordan, and carried, Resolution 70-36, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE COUNTY COUNSEL TO APPEAR AND DEFEND THE CITY OF COSTA MESA IN CERTAIN LITIGATION RELATING TO REAL PROPERTY TAXES, was adopted by the following roll call vote: AYES: Councilmen: St: Clair, Jordan, Pinkley, Wilson NOES: Councilmen:. Tucker ABSENT: Councilmen: None The City Attorney stated that in all probability our Report to be Made insurance carrier, Great American Insurance Company, on Possible would decline to give us coverage in July and he requested Insurance Carriers that the Mayor appoint a committee to investigate other possible carriers and report back well in advance of the expiration date. The Mayor requested the City.Attorney, Assistant City Manager, Director of Finance to investigate the matter and report back to Council at the next meeting. Permits for, The City Attorney announced that the City can no longer Musicians Will Not regulate musicians and therefore, permits for them will - Come before Council no longer come before the Council. Section 6000.5 of the Business Codes regulates this item. This pertains to live entertainment. The Director of Public Works requested the release of a Lee Speights Performance Bond to cover street improvements on.the south side of Merrimac Way, adjacent to Naber's Cadillac. Bond Released Bond Number 60529+ in the name of Lee Speights, issued by General Insurance Company of America. He stated that 35_ Lee Speights improvements have been placed according to City standards Bond Released and to the satisfaction of the City Engineer. On motion (Continued) by Councilman St. Clair, seconded by Councilman Tucker, and carried, the bond in the amount of $2,000.00 was ordered released by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES:' Councilmen: None ABSENT: Councilmen: None The Director:of Public Works presented a request from Trash Receptacle McDonald's Hamburgers to place a trash receptacle at the at Boys' Club Boys' Club located on Center Street. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the request was granted. On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the City Manager was authorized to handle these matters in the future. The Director of Public Works presented a Right of Entry Right of Entry Agreement with Division of Highways for the construction Agreement Approved of proposed southbound frontage road for Newport Freeway, adjacent to TeWinkle Park. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the agreement was approved by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Dedication The Director of Public Works presented a recommendation Requirements for elimination of dedication requirements, per Master Deleted Plan of Arterial Highways, as requested by James E. 1737,and 1739 Mahoney of H. L. Miller, Incorporated, at 1737 and 1739 Superior Avenue Superior Avenue, Costa Mesa. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the condition of dedication was eliminated. Red Curb on South The Director of Public Works presented a recommendation Side of Magnolia from the Traffic Commission to paint red curb on the west side of Fullerton Avenue for a distance of 20 feet Stop Signs on . south of Magnolia Street and to place "Stop".signs on Magnolia at Magnolia at Fullerton. On motion by Councilman Wilson, Fullerton seconded by Councilman Tucker, the recommendation was approved and Resolution 70-38, being A RESOLUTION OF THE Resolution 70-38 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF STOP SIGNS ON MAGNOLIA STREET AT FULLERTON AVENUE AND ON PAULARINO AVENUE EASTBOUND AT BEAR STREET; AND AUTHORIZING THE RESTRICTION OF PARKING ON THE WEST SIDE OF FULLERTON AVENUE FOR A DISTANCE OF 20 FEET SOUTH OF MAGNOLIA STREET, was adopted by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None "Stop" Sign The Director of Public Works presented a recommendation by on Paularino the Traffic Commission for a "Stop" sign to be placed oil Paularino Avenue eastbound at Bear Street. On motion by Ordinance 70-18 Councilman Wilson, seconded by Councilman Tucker, Given First Reading Ordinance 70-18, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING SECTION 3416.4 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA, WITH RESPECT TO THE DESIGNATION OF PAULARINO AVENUE AS A THROUGH STREET, was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Director of Public Works reported,on the results of .-Installation of bids for the Installation of a Signal System and Street Signal System on Lighting on Harbor Boulevard' between Bay Street and Harbor Boulevard MacArthur Boulevard; Steiny.and Company was low bidder at $219,574.00 and he recommended that they be awarded Steiny and Company the contract. On motion by'Councilman St. Clair, seconded Awarded.Contract by Councilman Jordan, the contract was awarded to Steiny and Company in the amount:of $219,574.00 by the following roll call vote: AYES: Councilmen: .Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Director of Public Works requested'authority to Improvements on advertise for bids for street improvements on Placentia Placentia.Avenue Avenue from Victoria Street to 300 feet north of Joann Street; Arterial Highway Financing Project Number 516; Gas Bids Authorized. Tax Project Number 67. -On motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the Director of Public Works was authorized to advertise for bids to be opened on April 28, 1970. The Director of Public Works presented a request from Williamson and Williamson and Schmid for an extension of time to complete Schmid the Traffic Study on 18th Street and Newport Boulevard Extension of Time as authorized by the Council. Extension was requested for Traffic Study through April 21, 1970. On motion by Councilman St. Clair; - Approved seconded by Councilman Jordan, and carried, the time was -extended-to April 24, 1970, as requested. The Director of Public Works requested the Council's Possible Resolution attention to a possible resolution against diverting gas .on Gas.Tax Funds tax -funds for other purposes.. After lengthy discussion, Tabled Indefinitely on motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the resolution was tabled indefinitely. The Clerk presented a proposed resolution regarding Revenue Revenue Sharing Sharing Statute. On motion by Councilman Wilson, seconded Statute by Councilman Tucker, Resolution 70-39, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, .Resolution 70-39 URGING THE PASSAGE OF PROPOSED FEDERAL REVENUE SHARING STATUTE,• was adopted by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None .The Clerk was instructed to send copies of the resolution to the three Congressmen, Orange County League of Cities and to the California League of Cities Board of Directors as requested by Councilman Wilson. Whittier Heights The Clerk presented a�proposed resolution regarding "Whittier Annexation Heights Annexation." On motion by Councilman Jordan, seconded by Councilman Wilson, Resolution 70-40, being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA Resolution 70-40 RECREATION AND PARK DISTRICT, ORANGE COUNTY, CALIFORNIA, TO THE LOCAL AGENCY FORMATION COMMISSION FOR THE ANNEXATION OF TERRITORY, KNOWN AS "WHITTIER, HEIGHTS ANNEXATION," was adopted by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Canvass of The Clerk presented a proposed resolution regarding canvass General Municipal of general municipal election. On motion by Councilman Election Wilson, seconded by Councilman St. Clair, Resolution 70-41, by the follow- being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Resolution 70-41 MESA, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 14TH DAY OF APRIL, Jordan, Tucker, 1970, TO BE MADE BY THE CITY CLERK OF THE CITY OF COSTA St. Clair MESA, was adopted by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair ABSENT: Councilmen: None NOES: Councilmen: None ABSENT: Councilmen: None FOR STREET The Clerk presented a letter from the Director of Planning Kenneth Hartman regarding an Appeal from Kenneth Hartman on required Potts; Henry D. & Phyllis G. dedication for Orange Avenue at 211 East 17th Street, Appeal Safeway Market. After discussion, the matter was held over to the meeting of April 20, 1970, when Mr. Hartman Held Over can be present to be heard and he is to be so notified. Sanitary District On motion by Councilman St. Clair, seconded by Councilman Operating Jordan, and carried, the Costa Mesa Sanitary District Statement Approved Statement of Operating Costs was approved by the following 1970-1971 roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None R-1-70 Rezone Petition Number R-1-70, T. J. M. Enterprises, T. J. M. Incorporated, 118 North 27th Avenue, Phoenix, Arizona, Enterprises for permission to rezone property described as Lot 11, Tract Number 3721 from Ml to C1 -CP, at the southwest Set for Public corner of Baker Street and Century Avenue, Costa Mesa, Hearing was set for public hearing on April 20, 1970, at 7:30 p.m., or as soon thereafter as practicable, on motion by Councilman Jordan, seconded by Councilman Tucker, and carried. Right of Way Upon motion by Councilman Jordan, seconded by Councilman Deeds Tucker, and carried, the following right of way deeds were accepted and ordered placed on record by the follow- ing roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 12-2-69 P. J. & D. F. Haley; P. A. & I. F. Placentia & Potts; Henry D. & Phyllis G. Wilson La Clair 3-17-70 Harold J. and Nancy L. Thomas Orange 3-17-70 Newport -Mesa Unified School Placentia & District Wilson 1-26-70 Elizabeth Fodor Victoria 9-23-68 Roscoe B. & Evelyn I. Speak Albert .Street 3-17-70 Newport -Mesa Unified School Placentia District 1-27-70 Eddie W. & Carol J. Ziemer Victoria 3-17-70 Nora L. & Chester W. Hester 4- 1-70 Harold E. Ginger Fairview Victoria 1-23-70 Louis H. Melcher Victoria 3-15-70 W. J. & H. Van Der Plas Placentia ZE-15-70 The Clerk presented application for Zone Exception Permit Gulf Oil ZE-15-70, Gulf Oil Corporation,,1801 Avenue of the Stars, Corporation Los Angeles, for permission to construct and operate:a service station in a Cl zone at the southwest corner of Denied Bristol Street and San Diego Freeway. The Planning Com- mission recommended denial. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the application was denied. ZE-31-70 The Clerk presented application for Zone Exception Permit Alfred A. Edelsohn ZE-31-70, Alfred A. Edelsohn, 15117 Ventura Boulevard, Suite 6, Sherman Oaks, for permission to construct six duplexes, one duplex on each of six lots in Tract Nos. 5475 and 6259, per CP standards, in an R2 -CP zone on Coral Avenue, Costa Mesa, and to allow certain setback deviations as shown on the Precise Plan submitted and made a part of this application. Planning Commission recom- mended approval. The applicant was present and answered questions asked by the Councilmen.! After lengthy discus- sion, a motion was made by Councilman Wilson,, seconded by Councilman Tucker, for approval. The motion and second were withdrawn and a discussion continued regarding the distance allowed from the garage to the sidewalk. It was then agreed that this could be worked out between the applicant and the Planning Director, perhaps by having the structures set back farther on the lot. Mr. Donald E. Smallwood, 1891 Kornat Drive, spoke in favor of'the permit being approved. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was Approved approved, subject to a ten percent deviation in setback, and also subject to the special requirements of the -various city departments and list of certified recom- mendations. The Clerk presented an application -for Zone Exception ZE-32-70 Permit, ZE-32=70, Carl 0. Nelson, 3093 Yukon Avenue, Costa Carl 0. Nelson Mesa, for permission to use a portion (approximately eight feet by twenty-two feet) of existing two car garage for model railroading hobby workshop and to conduct limited sales and repair of railroading items to hobbyists on a part time basis as a home occupation in an Rl zone at that address. The Planning Commission recommended approval subject to conditions. The Clerk read a letter of objection from Donald S. Andrews, 3101 Yukon Avenue and the following residents were present and spoke against the application being granted: Mr.'Paul Mason, Yukon Avenue; Mrs. Paul Goss, 3105 Yukon Avenue, and an Returned to unidentified woman living -across the street from Mr. Nelson. Planning Mrs. Goss also stated that the residents were not properly notified, many had not received notices of the applica- tion. The City Attorney advised the Council to return the application to the Planning Department and all people in the area should be notified properly. Mr. Eli Kaser, 1735 Pomona Avenue, addressed the Council briefly. After discussion, on motion by Councilman St. Clair, seconded by Councilman Tucker, and carried, the application was returned to Planning Department and residents are to be properly notified and then be heard'at a future meeting. The Clerk presented an application for Zone Exception ZE-33-70 Permit, ZE-33-70, Michael Erik Schultz, 2501 East 16th Michael Erik Street, Newport Beach, for permission to allow one Schultz existing additional living unit in addition to existing residence on 7500 square feet of land area (one unit .,per 3750 square feet) and to allow two open parking spaces in lieu.of an additional two car garage in an Rl zone, at 425 East 18th Street, with the Planning Commission recommending denial. The Clerk read a letter of objection received. Mr. Roy McArdle, Newport Boulevard, spoke from the floor. Mrs. Anne M. Hill, x+59 East 18th Street spoke against the permit; Mrs. "Erickson, 458,:.East 18th Street also spoke against the application, along with Mr. Tom Hilo, East 18th Street. Mr. McArdle, a realtor, continued his discussion Denied on behalf of the applicant. Mr. Mort Scheff, Newport Boulevard,"a real estate broker requested that if the permit was denied, that a wet bar be allowed in the unit. j 88 ZE-33-70 On motion by 'Councilman Jordan, seconded by Councilman Michael Schultz Pinkley, and carried, the application was denied, the (Continued) cooking stove is to be removed'and the wet bar will be allowed. ZE-34-70 The Clerk presented an application for Zone Exception Beacon Bay Permit, ZE-34-70, Beacon Bay Enterprises, Incorporated, Enterprises the Lido Car Wash, 481 East 17th Street, Costa Mesa, for permission to install two pump islands (four gasoline dispensers) in addition to two existing islands (eight gasoline dispensers) making a total of four pump islands (12 gasoline dispensers), in a C2 zone at the same address. Planning Commission recommended approval. Mr. John Elliott addressed the Council and questioned the condi- tion regarding the alley. Mr. L. B. McKinney, the applicant, addressed the Council and answered questions asked by the members of the Council. After lengthy discussion, Mr. Ted C. Bologh again addressed the Council and Mr. Bob Pederson, Union Oil Company, spoke from the Approved floor, and on motion by Councilman St. Clair, seconded by Councilman Wilson, and carried, the application was approved subject to the Special Requirements of the Certified Recommendations of the various City departments, copy attached to,the application.and made a part thereof. ZE-35-70 The Clerk presented application for Zone Exception Permit Apollo Development ZE-35-70, Apollo Development Corporation, 1104 East 17th Corporation ' Street., Santa Ana, for permission to construct a four unit per lot statutory condominium project on Lots 2-12 inclusive and Lots 20-46 inclusive, Tract 6614, in an `- R4 -CP zone, with recreation facilities on Lot 1 of Tract 6614; to allow a minimum front yard setback on. Lots 11, 12, 20 and 21 of 33 feet, measuring from the. centerline of Iowa Street, and to consider the on-site parking requirements as set forth in R4 -CP zone, rather than those set forth in R1 zone. Property is located on northwesterly extension of Iowa Street from Gisler Avenue. Planning Commission recommended approval. After discus- sion, on motion by Councilman Jordan, seconded by Approved Councilman St. Clair, and carried, the application was approved, subject to all conditions, including require- ments of the Certified Recommendations of the various City departments, copy attached to application and made a part thereof. ZE-36-70 The Clerk presented application for Zone Exception Permit Larry Hale Havens ZE-36-70., Larry Hale Havens, 4222 Campus Drive, Newport Beach, for permission to operate a Motor Home Rental and Sales Business; to allow incidental storage of Campers, Boats and Trailers; and to permit construction of one proto-type houseboat incidental to the main uses, in a Cl -CP zone at 2755 Bristol Street, Costa Mesa. Planning Commission recommended approval. The following residents from the area spoke from the floor: Mr. Louis Renking, who stated he did not oppose; Mr. Eugene Pleek, 166 Drake Avenue, requested more information; Mrs. Vrevo- lovich, San Lucas Lane, expressed concern over the traffic problems this type'of business could cause and voiced objection to this type of business in that area. The Clerk read a letter objecting to the storage of boats, etc. Mr. Joseph Ballow, 2734 San Lucas Lane spoke from the floor. At this point the applicant spoke and withdrew his request for permission to allow incidental storage of Campers, Boats and Trailers; and to permit construction of one prototype houseboat incidental to the main uses. He stated that he was only interested in operating a Motor Home Rental and Sales Business. After lengthy discussion, on motion by Councilman St. Clair, seconded by Councilman Approved Wilson, and carried, the permit was approved for operation of Motor Home Rental and Sales Business only, subject to conditions. 133 City Manager The Assistant City Manager requested Council approval for permission to advertise for bids for Bid Item Number 141 - The furnishing of Fire Apparatus of one (1) each 1500 GPM Triple Combination Pumper and Equipment. On motion by Councilman Tucker, seconded by Councilman Jordan, and carried, this authorization was granted. Oral Communications Mr. Eli Kaser, 1735 Pomona Avenue, spoke from the floor. Mr. Peter Smith, 745 West 18th Street addressed the Council regarding the noise from Mr. Fat Fingers at 780 West 19th Street. He requested that the Council notify the owner of .the business to take steps to reduce the noise level. After lengthy discussion,''on motion by Councilman Wilson, seconded. by Councilman Pinkley, a committee was appointed to investigate the noise from entertainment establishments in the City and that standards be set up for such establish- ments to follow. The Committee will consist of a Captain from the Police Department, to be appointed by the Police Chief, a representative from the Fire Department, to be appointed by the Fire Chief, and Councilman St. Clair. Mr. Donald Kirschberg, 267 East -16th Street, spoke from the floor and requested an amendment to the Ordinance regulating the Ambulance Drivers age limit. He stated that some cities had an age limit from 18 and this City's ordinance stated an age limit of 21. The Council directed the City Attorney to investigate and report back. Mr. David Yarnal spoke from the floor. Adjournment The Mayor declared the meeting adjourned at 10:35 p.m. l Mayor of the City of Cost .Mesa ATTEST: Aetinj City Clerk of the City of Costa M a 1