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HomeMy WebLinkAbout08/16/1971 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL August 16, 1971 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., August 16, 1971, 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 The Reverend D. W. McElroy, Harbor Christian Church, Costa Mesa. Roll Call Councilmen Present: Wilson, Jordan, Pinkley, St. Clair, Hammett Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk Minutes On motion by Councilman Pinkley, seconded by Councilman August 2, 1971 Wilson, and carried, the Minutes of the regular meeting of August 2, 1971, were approved as distributed and posted. Ecology Begins The Mayor introduced Mr. Joseph Carroll of the Beautification at Home Contest Committee who presented prizes to the following winners of Winners the Ecology Begins at Home Contest: Mr. Roy J. Robine, 776 Center Street; Mr. F. P. McGovern, 1618 Santa Ana Avenue; Mr. and Mrs. Howard Carson, Greenleaf Mobile Park, Space 48, 1750 Whittier Avenue; Mrs. Johanna van den Berg, 989 Oak Street; Mr. Leo H. Lewan, 2507 Duke Place; Mr. and Mrs. D. Devincenci, 3100 Monroe Way; Mr. Bernard Ungrodt, 927 Presidio Drive; Mr. Robert W. Collins, 3482 Santa Clara Circle. The Mayor thanked Mr. Carroll and all participants in the contest, and urged residents to enter the contest in the future. Bid Item 176 On motion by Councilman Pinkley, seconded by Councilman Plate Maker St. Clair, and carried, Bid Item 176, Automatic Offset Plate Maker, for which bids were opened on August 13, 1971, was Held Over held over to the meeting of September 7, 1971, to allow sufficient time for equipment evaluation. National The Clerk presented from the meeting of August 2, 1971, Distributing application for business license from National Distributing Agency Agency, 406 South Main Street, Los Angeles, for postal delivery service in the City. Mr. Klotzman, representing National Distributing Agency, addressed the Council. He stated that his agency delivered circulars for various stores in the City and that all material delivered is attached to doorknobs. He also stated that the work is closely supervised. On motion by Councilman St. Clair, Service Approved seconded by Councilman Hammett, and carried, the application was approved. CONSENT CALENDAR ITEMS: The following items were pulled from the Consent Calendar for discussion: Item 5, a transmittal notice and application from Pacific Telephone and Telegraph Company which have been filed with Public Utilities Commission for authority to increase certain intrastate rates and charges furnished within the State; Item 6, a letter and resolution from the City of Monterey Park relating to Senate Bill 51, consumer auto repair bills. On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the following Consent Calendar items were approved in one motion. Local A letter from the California State Library, Library Courts Government Building, Post Office Box 2037, Sacramento, requesting Publications assistance in building the State Library's collection of local government publications, was received and processed. Possible Changes A letter from H. Ayanian, District Engineer, State of in Highway System California, Department of Public Works, District 7, Post Office Box 2304, Los Angeles, clarifying purpose of upcoming statewide public hearings regarding possible changes in the State highway system, was received and processed. Order An Order Discontinuing Case No'. 9051 before the Public Discontinuing Case Utilities Commission in the matter of the investigation of Before Public the Commission's motion into adoption of a General Order Utilities prohibiting pollution of railroad right-of-ways by railroad Commission corporations, was received and processed. Engineer's No. 137 A notice from the Local Agency Formation Commission, County Annexation to of Orange, Post Office Box 687, Santa Ana, of public hearing Sanitary District to be held on August 11, 1971, on proposed annexation to the Costa Mesa Sanitary District designated Engineer's No. 137, was received and processed. Flights from A letter from George M. Cejka, 2950 Ceylon Drive, Costa Mesa, Orange County to disagreeing with Council's decision to oppose Hughes Air San Francisco West request for flights from Orange County Airport to San Francisco, and requesting Council to give the matter further consideration, was referred to the Aviation Committee. TOPICS and A letter and resolution from the City of Fountain Valley, Urban Funds requesting the State Department of Public Works to subvene directly to Cities and Counties TOPICS and Urban Funds, were referred to the Engineering Department. Complaint A letter from Ralph Elmblade, 1589 Tustin Avenue, formally Truck, Trailer, complaining about a truck and trailer, with a boat attached, Boat which were parked in front of his house for longer than 72 hours, was referred to the Police Department. 'Councilman Jordan reported that the cars had already been removed. Business License A business license application for Bonnie G. Bollinger, for Applications a yearly dance license at The Little Lisa, 130 East 17th Street, for which the Police.and Fire Departments granted The Little Lisa approval, was approved. Maverick A business license application for Henry B. Stegman, President, Global Amusement and Vending Company, Incorporated, 2166 Pacific Avenue, Costa Mesa, for two amusement games at Maverick, 1728 Newport Boulevard, Costa Mesa, for which the Police and Fire Departments granted approval, was approved. Alsac St. Jude A Notice of Intention to Solicit for Charitable Purpose from Children's Alsac St. Jude Children's Research Hospital, 100 Vincent Research Hospital Avenue, Suite 406, West Covina, by door to door solicitation by teenage volunteers during daylight hours only and canisters, November 13 through November 21, 1971, was approved with Section 6914J of the Municipal Code waived. Mailing Affidavit The City Clerk's Affidavit of Mailing Notices of Hearing Assessment for Assessment District No. 20, the proposed improvement District No. 20 of an alley between Magnolia Street and Broadway from Tustin Avenue to Raymond Avenue, was received and processed. Rezone Petition Rezone Petition R-71-17, State Mutual Savings and Loan, R-71-17 646 Wilshire Boulevard, Los Angeles, for permission to rezone State Mutual property located between Pacific and the 'Santa Ana River, Savings north of Victoria Street, from R1 -W to Rl and R4 was set for 1 f 1 1 R-71-17 State Mutual Savings Continued' Set for Hearing Tentative Map Tract 4504 September 7, 1971 public hearing to be heard on September 7, 1971, at 6:30 p.m., in the Council Chambers, 77 Fair Drive, Costa Mesa; and the City Clerk was authorized to place Tentative Map of Tract No. 4504, Revised, for Frank H. Ayres and Son Construction Company, 6000 West Coast Highway, Newport Beach, for permission to divide property into 162 lots, between Pacific and the Santa Ana River, north of Victoria Street, on the agenda` for the meeting of September 7, 1971. A proposed ordinance repealing Ordinance 63-31 which provides Proposed Ordinance for establishing building setbacks on the northerly side of Set for Hearing Ogle Street, between Orange Avenue and Westminster Avenue, was set for public hearing to be heard on September 7, 1971; Repealing at 6:30 p.m., in the Council Chambers, 77 Fair Drive, Costa Ordinance 63-31 Mesa. . - Refund A request for refund from Bell Brand Foods, Incorporated, Authorized in the amount of $15.00 on a business license, No. 763, covering two delivery trucks as they are using only one, Bell Brand Foods for which the Director of Finance recommended a refund of $15.00, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Refund A request from E. L. Payne Company, 202-G East Stevens Authorized Avenue, Santa Ana, for a refund on Building Permit issued for heating at 345 - 23rd Street, as the property is in E. L. Payne County area, for which the Director of Building Safety Company recommended a refund of the total fee of $7.00, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Refund A request from Mr. and Mrs. Owen Muglia, 390 Rochester Authorized Street, for a refund on Building Permit 32994 for a residence and garage at that address, as the project has been abandoned, Muglia for which the Director of Building Safety recommended a refund of 85 percent of the fee, $88.40, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Right of Way The following right of way deeds were accepted and ordered Deeds placed on record with the Orange County Recorder by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 8-4-71 Robert S. and'Alline S. Bardin Placentia Avenue 7-28-71 Edker and Blanche Pope Bristol Street 8-6-71 Lovena E. Funk Orange Avenue and Olive Avenue 8-5-71 Richard A. and Sandra L. Sewell Elden Avenue 4-19-71 Charles J. and Mary L. Vaught Placentia Avenue Pacific Telephone On motion by Councilman Hammett, seconded by Councilman and Telegraph Jordan, and carried, Councilman St. Clair voting No, Item 5 on the Consent Calendar, a transmittal notice and application from Pacific Telephone and Telegraph Company, 140 New Montgomery Street, San Francisco, which have been filed with Z.1 f Pacific Telephone the Public Utilities Commission for authority to -increase and Telegraph certain intrastate rates and charges furnished within the Continued State, were referred to the staff for determination as to whether or not the Presidential decree to freeze wages and prices would include this item, after which the item -will be returned to the Agenda for the meeting -of September 7. Councilman St. Clair voted No, as he felt that this item should not be considered due .to the freeze on prices. Resolution 71-56 Item 6 on the Consent Calendar, a letter and resolution Auto Repair from the City of Monterey Park relating to Senate Bill Dealers 51, consumer auto repair bills, was discussed at this time. On motion by Councilman Hammett, seconded by Councilman Jordan, Resolution 71-56, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, URGING PASSAGE OF STATE SENATE BILL 51 RELATING TO AUTO REPAIR DEALERS was adopted by the following.roll call vote: AYES: Councilmen: Hammett, Jordan, Wilson, St. Clair NOES: Councilmen: Pinkley ABSENT: Councilmen:. None Caspers and On motion by Councilman Wilson, seconded by Councilman. Battin Action Pinkley, Resolution 71-57, being A RESOLUTION OF THE CITY Censured COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CENSURING THE ACTIONS OF SUPERVISORS.CASPERS AND BATTIN OF THE ORANGE Resolution 71-57 COUNTY BOARD OF SUPERVISORS; CALLING FOR THEIR REMOVAL AS MEMBERS OF THE LOCAL AGENCY FORMATION.COMMISSION, AND SETTING FORTH THE REASONS THEREFOR" -i. was adopted,kand the Clerk was directed to forward copies of this resolution to the Orange County Board of Supervisors; Mayors of cities -in Orange County, The Local Agency Formation Commission, and the Orange County Division of the League of California Cities, by the following roll.call vote: AYES: Councilmen: Hammett, Wilson, Jordan, Pinkley, St. Clait NOES: Councilmen: None ABSENT: ,Councilmen: None Warrant On motion by Councilman St. Clair, seconded by Councilman Resolution 684 Pinkley, Warrant Resolution 684 .was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair:_ NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Councilmen: Hammett Warrant On motion by Councilman St. Clair, seconded by Councilman Resolution 685 Hammett, Warrant Resolution 685, including payroll 7115, was approved by the following roll call. vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT:. Councilmen: None Velvet Gypsy On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, a request from the City Attorney Dance License that the yearly dance license application for the Velvet Gypsy, 1550 Superior Avenue, be included in the overall To Be Studied look at several other bars in the City to determine if they are creating a.:nuisance, was approved. Tree Planting On motion by Councilman Jordan, seconded by Councilman Resolution 71-58 St. Clair,.Res,olution 71-.58, being A RESOLUTION OF THE CITY OF COSTA MESA AMENDING STANDARDS AND SPECIFICATIONS FOR TREE PLANTING IN SUBDIVISIONS was adopted by the following roll call vote: 1 i 1 Tree -Planting AYES: Councilmen: Wilson, Jordan, Pinkley, Resolution 71-58 St. Clair, Hammett Continued NOES: Councilmen: None ABSENT: Councilmen: None Fixing Revenue On motion by Councilman St. Clair, seconded by Councilman for Departments Jordan, Resolution 71-59, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE Resolution 71-59 AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT ITS DEPARTMENTS FOR THE CURRENT FISCAL YEAR OF 1971-72, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Fixing Tax Rate On motion by Councilman St. Clair, seconded by Councilman Levying Tax Pinkley, Resolution 71-60, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE Resolution 71-60 TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL OF THE TAXABLE PROPERTY WITHIN THE CITY OF COSTA MESA, WHICH IS TAXABLE, FOR MUNICIPAL PURPOSES, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Newport Boulevard The City Manager reported that the work had been completed Medians Tax Rate for On motion by Councilman St. Clair, -seconded by Councilman Street by Sully -Miller Contracting Company, 6145 Santiago Park and Jordan, Resolution 71-61, being A RESOLUTION OF THE CITY Recreation COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ACTING AS Jordan, seconded by Councilman Pinkley, and carried, the District SUPERVISING AUTHORITY OF THE COSTA MESA PARK AND RECREATION Bonds Exonerated to file a Notice of Completion. DISTRICT, FIXING THE TAX RATE PER CENTUM, LEVYING TAX RATE The City Manager reported that the work had been completed Resolution 71-61 h UPON ALL THE TAXABLE PROPERTY WITHIN THE COSTA MESA PARK Markel, Incorporated, 2619 West Edinger, Post Office Box AND RECREATION DISTRICT, WHICH IS TAXABLE, FOR THE 5276, Santa Ana, to the satisfaction of the City Engineer. OPERATIONAL RUNNING EXPENSES OF THE DISTRICT, was adopted Hammett, and carried, the bonds were ordered exonerated by the following roll call vote: and the Clerk was directed to file a Notice of Completion. Improvement of AYES: Councilmen: Wilson, Jordan, Pinkley, Sunflower Avenue on the Improvement of Sunflower Avenue from Fairview Road St. Clair, Hammett to 860 feet East of Fairview Road, Gas Tax No. 80, by NOES: Councilmen: None Mesa, to the satisfaction of the City Engineer. On motion ABSENT: Councilmen: None Newport Boulevard The City Manager reported that the work had been completed Medians on the Newport Boulevard Medians from 17th Street to 19th Street by Sully -Miller Contracting Company, 6145 Santiago Canyon, Orange, in accordance with their contract, to the satisfaction of the City Engineer. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the bonds were ordered exonerated and the Clerk was directed Bonds Exonerated to file a Notice of Completion. Fire Department The City Manager reported that the work had been completed Driveway on the Costa Mesa Fire Department Driveway by Jezowski and Markel, Incorporated, 2619 West Edinger, Post Office Box 5276, Santa Ana, to the satisfaction of the City Engineer. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, the bonds were ordered exonerated Bonds Exonerated and the Clerk was directed to file a Notice of Completion. Improvement of The City Manager reported that the work had been completed Sunflower Avenue on the Improvement of Sunflower Avenue from Fairview Road to 860 feet East of Fairview Road, Gas Tax No. 80, by R. W. McClellan and Sons, 151 East Commercial Street, Costa Mesa, to the satisfaction of the City Engineer. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the bonds were ordered exonerated and the Clerk Bonds Exonerated was directed to file a Notice of Completion. Street The City Manager reported that bids had been opened at Maintenance 11:00 a.m. on August 10, 1971, for the Street Maintenance Program 1970-1971 Program, and recommended that the contract be awarded to the low bidder. On motion by Councilman Pinkley, seconded by Councilman Jordan, the contract was Improvements at awarded to Sully -Miller Company, Post Office Box 432, Awarded Orange, in the amount of $134,558.19, as the low bidder, and the City Engineer was authorized to add work at unit cost shown on tabulation on file in the City Clerk's Office, not to exceed amount placed in reserve for the project, by the following roll call vote: Approved AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Edison Company On motion by Councilman St. Clair, seconded by Councilman Request Jordan, and carried, a request from the Edison Company to replace four poles in the alley 445 feet west of Newport Granted Boulevard and north of 18th Street, with one new pole, to increase the voltage from 4 KV to 12 KV, was approved. Agreement With The City Manager presented a proposed Agreement between Mobil Oil the Mobil Oil Corporation and the City of Costa Mesa regarding street improvements at the northwest corner of Bristol and Baker Streets. On motion by Councilman St. Clair, seconded by Councilman Pinkley, the Agreement Improvements at which provides for the improvements at a cost of Bristol and Baker $2,567.00 to the City of Costa Mesa, and if it is necessary to replace the existing 24 -inch diameter storm drain under Baker Street, should the pipe become damaged, the cost will be $16.00 per foot, in eight -foot minimum lengths; the City's share will be 50 per cent of the total cost, Approved was approved and the Mayor and City Clerk were authorized to sign on behalf of the City by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Agreement With The City Manager presented a proposed cooperative financing Newport Beach Agreement with the City of Newport Beach covering the expense for construction,of a traffic actuated signal and safety lighting system at the intersection of Placentia Avenue and West 16th Street. On motion by Councilman Pinkley, seconded by Councilman Hammett, the Cooperative Financing Agreement with the City of Newport Beach authorizing the sharing of expenses for the construction of the traffic actuated signal and safety lighting system at the intersection of Placentia Avenue and West 16th Street was approved and the Mayor and City Clerk authorized to sign on behalf of the City, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Chamber of The City Manager presented a request from the Chamber of Commerce Request Commerce for the closing of Park Avenue between 18th Street Approved and Center Street beginning Tuesday, September 14, at 5:00 p.m. to 5:'00 p.m. on Monday, September 20, 1971,�for Fiesta de Costa the city-wide Fiesta de Costa Mesa celebration. On motion Mesa by Councilman Hammett, seconded.by Councilman Jordan, the business license application fee for the Costa Mesa Chamber of Commerce to hold the Fiesta de Costa Mesa at the Costa Mesa City Park on September 17, 18, and 19 was waived and the request for the closing of Park Avenue between 18th Street 1 1 Chamber of and Center Street was approved, by the following roll Commerce Request call vote: Approved AYES: Councilmen: Wilson, Jordan, Pinkley, Continued St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Orange Coast The City Manager requested that the Council take either College positive or negative action on the request of the Orange District Coast College District for the City Council to approve a Costa Mesa Assessment District, under the 1913 Act, for Public Hearing the purpose of raising financial support for the District. Rezone Petition Councilman Jordan reported that he and Councilman Hammett R-71-15 had met with Newport Beach representatives of the Inter - Lyons and Cashion City Committee and that Newport Beach felt that this was a case of taxation without representation and the Committee recommended a negative vote. They do not feel that the Request Denied City should place a tax on people that they do not represent. This is a matter which should be handled by the College District and they should not expect the cities to do*it for them. On motion by Councilman Jordan, Ordinance 71-25 seconded by Councilman Pinkley, the request of the Orange First Reading Coast College District for the City Council to approve a Costa Mesa Assessment District, under the 1913 Act, for the purpose of raising financial support for the District, was denied by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Huntington Beach On motion by Councilman Hammett, seconded by Councilman To Be Informed Jordan, and carried, the Clerk was authorized to send a copy of the action taken by Council regarding the Orange Coast College request to the City of Huntington Beach to let them know what the City of Costa Mesa Council's attitude is on the matter. Bid Item 178 On motion by Councilman St. Clair, seconded by Councilman Yellow Striping Pinkley, and carried, bids were authorized for Bid Item 178, Paint the furnishing of 2,016 Gallons of Yellow Striping Paint; Bids Authorized said bids to be opened by the Clerk on September 10, 1971, at 11:00 a.m. Bid Item 179 On motion by Councilman St. Clair, seconded by Councilman ,Van Type Truck Pinkley, and carried, bids were authorized for Bid Item 179, Bids Authorized the furnishing of one 1971 Model Van Type Truck, said bids to be opened by the Clerk on September 10, 1971, at 11:00 a.m. Public Hearing The Mayor announced that this was the time and place set for Rezone Petition the public hearing on Rezone Petition R-71-15, Lyons and R-71-15 Cashion, 1617 Westcliff Drive, Newport Beach, for permission Lyons and Cashion to rezone property located at 2300 Fairview Road, from M1 to R4 -CP and C2 -CP. The affidavit of publication is on file in the City Clerk's Office. Mr. Phil Lyons of Lyons and Cashion Builders was present and addressed the Council. The Council reviewed the proposed plans for the property and questioned the applicant. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Jordan, Ordinance 71-25 seconded by Councilman St. Clair, Ordinance 71-25, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT "A" OF THE BANNING TRACT FROM Ml TO R4 -CP AND C1 -CP, was given first reading by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place set Rezone Petition for the continued public hearing from the meeting of R-71-8 July 19, 1971, for Rezone Petition R-71-8, Harold T. Segerstrom Segerstrom.et al, 3315 Fairview Road, Costa Mesa, for permission to rezone property in the general area of the northwest corner of -Adams Avenue and Fairview Road from Ml to R4 -CP. The Clerk reported that she had received a letter from Harold T. Segerstrom requesting that the Continued hearing be continued to September 20, 1971, and that Zone Exception Permit ZE-71-81 for Leadership Housing Systems, Zone Exception Incorporated, 3740 Campus Drive, Newport Beach, also be Permit ZE-71-81 delayed until the meeting of September 20, 1971. On Leadership motion by Councilman Pinkley, seconded by Councilman Housing Jordan, and carried, the public hearing for R-71-8 was Held Over continued to the meeting of September 20, 1971, and Zone Permit ZE-71-36 Exception Permit ZE-71-81 was held over to the meeting of Amended September 20, 1971. Lovena Funk On motion by Councilman St. Clair, seconded by Councilman Request Jordan, and carried, a request from Mrs. Lovena Funk, 2533-2537 Orange Avenue, for abandonment of a strip of land 22 feet wide located at that address, in the area of proposed Olive Avenue, was referred to the City Manager and City Attorney for investigation and report back to Council. Request From On motion by Councilman Jordan, seconded by Councilman Church Granted Hammett, and carried, a request from Mrs. Walter J. Stewart, President, Ladies Guild, Annunciation Byzantine Catholic Church, 3168 West Polk Avenue, Anaheim, for permission to solicit in the City for fashion show door prizes for a show to be held in Anaheim on October 30, 1971, was approved, with Section 6914J of the Municipal Code waived. Building Moving An application for a Building Moving Permit, No. 613, for Permit 613 Paul Cortes, 2474 Orange Avenue, for permission to move a single family residence with an attached garage from 9768 Warner, Fountain Valley, to 2478 Orange Avenue, Costa Mesa, in an R1 zone was presented for consideration by Council. The Planning Commission recommended approval. The Clerk stated that a letter had been received from Mr. and Mrs. John J. Doody, 2475 Orange Avenue, stating that they did not object to the structure being placed on the property near them. On motion by Councilman St. Clair, seconded by Councilman Wilson, and carried, the application was held over to the next meeting, and the applicant was to - be notified to be present, as he was not in attendance at this meeting. (This item was brought up later in the meeting when the applicant arrived.) Zone Exception The Clerk presented application for Zone Exception Permit Permit ZE-71-36 ZE-71-36_, Amended, Youth Problem Center, Incorporated, Amended 333 East 17th Street, Costa Mesa, for permission to operate Youth Problem a youth problem center (moving from East 17th Street to Center new address) by providing counseling services. The center will operate five days per week (no Saturdays or Sundays) from 4:00'p.m. to 9:30 p.m., on property located at 132, 132-A and 132-B East 18th Street, in a Cl zone. The Planning _ Commission recommended approval subject to conditions. The Clerk reported that a letter had been received from the Vehicle Parking District No. 1, stating that they will allow a maximum of ten parking spaces in the district which will be available between the hours of 4:00 p.m. and 10:00 p.m. five days a week, excluding Saturdays and Sundays; and a phone call had been received from Mrs. Covalt, 123 East 18th Street protesting the location of the Center and that two other letters of protest had been received. Mr. Streeter King, member of the Board of Trustees of the Center was Zone Exception present and addressed the Council. He stated that they Permit ZE-71-36 were most anxious to comply with any requirements placed Amended on the application by the City but that they felt that the Youth Problem Center was a necessity for the youth of the community; and Center they were crowded in their present location. Councilman Continued Pinkley stated that he was against this type of business in that location but that he would be in favor of it in a more commercial -type area. Mr. Eugene Bergeron, 2885 Europa Reconsidered Drive, Costa Mesa, addressed the Council, and stated that he was in favor of the project. Mr. James Kelly, 3148 Yellowstone Drive, questioned the conditions placed on the application.. The Clerk read the Conditions. On motion by Councilman Hammett, seconded by Councilman St. Clair, and carried, Councilman Pinkley voting No, the application was approved subject to conditions, with the addition of Condition 5. The applicants would have to Approved apply for a new permit in one year; and Condition 6. Center Photographs will operate five days per week (no Saturdays or Sundays) Requested from 4:00 p.m. to 9:30 p.m.. Zone Exception The Clerk presented application for Zone Exception Permit Permit ZE-74-69 ZE-74-69 Amended, Apollo Development Corporation, 1104 East Amended 17th Street, Santa Ana, for permission to continue to Apollo maintain a 10 foot by 20 foot off-site double-faced Development temporary directional sign with a three foot by 14 foot Corporation rider to advertise homes in Tracts 6613, 6614 and 6582; said sign is located on the northeast corner of Gisler and Harbor Boulevard, in a Cl -CP zone. The Planning Commission recommended approval subject to conditions. On motion by Councilman Jordan, seconded by Councilman St. Clair, Councilman Pinkley abstaining, and carried, the application was approved subject to conditions. Building Moving The applicant for Building Moving Permit No. 613, Paul Permit No. 613 Cortes, 2474 Orange Avenue, which was discussed earlier in Paul Cortes the meeting, entered the meeting and requested to be heard. He stated that he had confused the time of the Council meeting with the time of the Planning Commission meeting and that was the reason he was not present at the time that the application was considered. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the Reconsidered application was reconsidered at this time. The Council was dissatisfied with the photographs submitted with the application and questioned Mr. Cortes extensively on the property concerned. He stated that the house to be moved would be placed next door to his own home, and he would not place any structure which would be deterimental to his property upon it. After discussion, on motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, the Approved application was approved. Photographs On motion by Councilman Hammett, seconded by Councilman Requested Jordan, and carried, the Building Safety Department was in to require three eight by ten photographs, with negatives to be supplied by the applicant in order to have photographs included in the packets sent to Councilmen prior to the meeting, when a building moving application is submitted hereafter. Zone Exception The Clerk presented application for Zone Exception Permit Permit ZE-71-76 ZE-71-76 Amended, Topeka Inn Management, 2209 West 29th Amended Street, Topeka, Kansas, for permission to exceed the Topeka Inn building height limit per Section 9292.2 of the Municipal Management Code for the construction and operation of a Holiday_Inn Motel, including a coffee shop and cocktail lounge, not to exceed a maximum of five stories in height, on property located at 3131 Bristol Street, in a C1 zone. The Planning Commission motion for approval was defeated by a two -three Zone Exception vote at their meeting. The Clerk reported that a petition Permit ZE-71-76 containing 154 signatures of residents in the area objecting Amended to the project as it is over two stories in height, had been Topeka Inn received. The following spoke in opposition to the height Management of the building: Mr. James Kelly, 3148 Yellowstone Drive; Continued Mrs. John Oliver, 3077 Yukon; Don Carles, 3106 Yellowstone; Norman French, 2865 Stromboli, representing the Mesa Verde -Homeowner -is Association; Henry Wong, 3112 Yellowstone; Mrs. Chimenti, 3086 Yellowstone Drive; Mr. Chimenti, 3086 Yellowstone Drive; Mr. Sigfried Scholz, 3146 Yellowstone; Mr. Chun Lee, 3066 Yellowstone; Mrs. Kuechler, 3100 Yellowstone Drive Mr -Eugene Bergeron, 2885 Europa Drive, who stated that the big problem was the project backing up to Rl property with no buffer zone. Mr. John DeLava, 3029 asked why the Planning Commission had not approved the application. He was informed that the Council did not know the reason for the decision of the Commission. Mr. J. L. Schram, President of Consolidated Equities Company, 11661 San Viente Boulevard, Los Angeles, addressed the Council, as a representative of Topeka Inn Management. He explained that the app.licant.had.made,plans to plant trees along the wall backing up to the residential property line and that there were no windows in the building on that side so that it would not in with the privacy of the residents to the extent that some people felt that it would. Councilman Pinkley stated that he felt that the applicant had made many concessions and that another commercial building could go in there if the Holiday Inn did not. Councilman St. Clair stated that a commercial building, two stories high, but only approximately seven feet lower in height, could be built on the property if the Holiday Inn was not built there, and he felt that the Holiday Inn would be a greater asset to the City. Councilman Hammett stated that he did not like the project as it is planned because it was too close to the property lines of Rl, and'that he was going to vote against it as he.did not feel that this type project should have to be involved in a joint venture with a service station. Councilman Jordan stated that he was definitely in favor - of the Holiday Inn at that location but felt that the design could be improved. Councilman Jordan made a motion to delay the application for three weeks and request the applicant, if the applicant is desirous, to re -design the building and bring the application back in three weeks. The motion was seconded by Councilman Wilson. Mr. Hammett stated that he would like to go on record as being in favor of Mr. Jordan's motion. Mr. Schram stated that the only way that the design could be changed would be to move the entire building forward toward the San Diego Freeway and he was certain that the applicant would not be in favor of this and they would possibly drop the plans entirely. He also stated that the service station was part of the deal, an agreement between Gulf Oil and Holiday Inn,and nothing could be done about eliminating one without the other. After discussion, - Councilman Jordan withdrew his motion and Councilman Wilson withdrew his second. A motion to deny the application was made by Councilman Hammett, seconded by Councilman Jordan, and defeated, Councilmen Wilson, Pinkley, St. Clair voting No. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, Councilmen Hammett and Jordan voting No, the application was approved subject to conditions and with a point of clarification noted that the trees planted should be 20 feet tall at planting time. Zone Exception The Clerk presented application for Zone Exception Permit Permit ZE-71-79 ZE-71-79 Amended, W. T. Rochelle, 22092 Capistrano Lane, Amended ' Huntington Beach, for permission to construct a 62 -unit W. T. Rochelle apartment complex to,meet the CP standards at 140 West Wilson Street, in an R4 -CP zone. The Planning Commission Jl- Zone Exception recommended approval subject to conditions with change Permit ZE-71-79 in Condition 14: "All landscaped areas shall be separated Amended from driveway and open parking areas by an asphalt slope W. T. Rochelle and/or asphalt curbs°six inches high, to the satisfaction Programs of the Planning Department." The applicant was present Available to Cities and was advised by the Council that they did not care for Costa Mesa the plans he had submitted. After discussion, Councilman Comets Jordan made a motion to approve the application subject Veteran's to conditions. The motion died for lack of a second. On Memorial motion by Councilman St. Clair, seconded by Councilman Hammett, and carried, Councilman Jordan voting No, the application was denied. Councilman Hammett made a motion, seconded by Councilman Pinkley, to reconsider the previous Bicycle Trails motion for denial which carried, Councilman St. Clair voting No. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the application was held over to a study session, at which time the applicant will appear with a more suitable set of plans for the property. Oral Mr. Robert Blakely addressed the Council regarding a Communications proposal from Empact and requested -information as to whether any decision had been reached by the City Manager on his proposal. He was informed that no decision had been reached. Mr. Chun Lee requested information regarding high rise buildings. Councilmanic Councilman Hammett proposed that the City Manager be Suggestions directed to investigate the various programs available to cities with funding through assistance of higher authorities. On motion by Councilman Hammett, seconded by Councilman Programs Pinkley, and carried, the City Manager was authorized to Available to Cities investigate the programs which could be utilized by the City of Costa Mesa and report back to Council. Costa Mesa Councilman Hammett stated that he had no report ready at Comets this time on the Costa Mesa Comets Baseball Team. Veteran's Councilman St. Clair requested that the matter of'a Veteran's Memorial Memorial in the City of Costa Mesa be investigated as several people had expressed a desire for such a memorial. The City Manager stated that he would investigate the matter and report back to Council within 60 days. Bicycle Trails Councilman St. Clair reported that requests have been received from persons 'requesting bicycle trails, other than streets, but that riding bicycles on sidewalks, or anywhere other than streets, is prohibited in the California Vehicle Code. He requested Council to take action to request local regulation of bicycle traffic. On motion by Councilman St. Clair, seconded by Councilman Jordan, Resolution 71-62, Resolution 71-62 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REQUESTING THAT LEGISLATION BE ENACTED TO ENABLE LOCAL AGENCIES TO REACT TO THEIR INDIVIDUAL SITUATIONS REGARDING BICYCLE VERSUS VEHICLE TRAFFIC WITHOUT BEING IN CONFLICT WITH THE CALIFORNIA VEHICLE CODE, was adopted and the Clerk was directed:to send copies of the resolution to Assemblymen Burke and Badham, Senator Carpenter, and Bud Carpenter of the League of California Cities, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Costa Mesa -Councilman Jordan reported that'the request for the Freeway renaming of a portion of the Newport Freeway running through Costa Mesa be renamed the Costa Mesa Freeway was referred to the Intercity Committee and will be discussed at their next meeting. Court House Councilman Jordan stated that he resented strongly the Site statement made by Claire Ennis that there was a lack of cooperation by the City of Costa Mesa in the search for, a new court site. Councilman Jordan stated that the City's position during that time, and the enthusiastic cooperation by the City during that time should be noted, and that Mr. Ennis should be reminded of this by a letter which Mr. Jordan said that he would write. Adjournment The Mayor declared the meeting adjourned at 10:30 p.m. T e' Mayor of the City of Costa Mesa ATTEST: The City Clerk of the City of Cost Mesa 1