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HomeMy WebLinkAbout09/07/1971 - City CouncilREGULAR MEETING OF THE CITY COUNCIL September,7, 1971 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., September 7, 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 Mayor Wilson. Roll Call'' Councilmen Present: Wilson, Jordan, Pinkley, St. Clair Councilmen Absent: Hammett Officials Present: City Manager, City Attorney, Assistant City Engineer, Director of Planning, City Clerk Constitution Councilman Jordan read a proclamation designating Week September 17 through September 23, 1971, as Constitution Week. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, Councilman Hammett absent, the proclamation, which was signed by the Mayor, was approved. Fiesta de Costa Mayor Wilson read a proclamation designating September 17, Mesa Days 18, and 19, 1971, as Fiesta de Costa Mesa Days. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, Councilman Hammett absent, the proclamation, which was signed by the Mayor, was approved. Bid Item 171 On'motion by Councilman Jordan, seconded by Councilman Station Wagon St. Clair, and carried, Councilman Hammett absent, a bid received for Bid Item 171, a six -passenger Station Wagon Rejected.. Automobile, was rejected as it did not meet the minimum specifications. The Mayor introduced representatives of service organizations and the Chamber of Commerce in the audience, Joe Metcalf, Dominic Raciti, Les Miller, Hank Hornsveld, Nick Ziener, all of whom have worked on the Fiesta plans. City Clerk The Mayor presented a Certificate of Completion from Syracuse University to City Clerk Eileen P. Phinney, for a three-year annual seminar for professional municipal clerks. Mrs. Phinney addressed the Council and explained the purpose of the program, and thanked the Council and City Manager for having been afforded the opportunity to attend the seminar. Minutes On motion by Councilman Jordan, seconded by Councilman August 16, 1.971 St. Clair, and carried, Councilman Hammett absent, the Minutes of the regular meeting of August 16, 1971, were approved as distributed and posted. Ordinance 71-25 On motion by Councilman Jordan, seconded by Councilman Pinkley, Ordinance 71-25, being AN ORDINANCE OF THE CITY COUNCIL OF THE Rezone Petition CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A R-71-15 PORTION OF LOT "A" OF THE BANNING TRACT FROM M1 to R4 -CP AND Lyons and Cashion C1 -CP, in connection with Rezone Petition R-71-15, Lyons and Cashion, for property located at 2300 Fairview Road, was given Adopted' second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Bid Item 176 On motion by Councilman Jordan, seconded by Councilman Plate Maker Pinkley, and carried, Councilman Hammett absent, Bid Item 176, one Automatic Offset Plate Maker, was held over to the Council Held Over Meeting of September 20, 1971. Bid Item 171 On'motion by Councilman Jordan, seconded by Councilman Station Wagon St. Clair, and carried, Councilman Hammett absent, a bid received for Bid Item 171, a six -passenger Station Wagon Rejected.. Automobile, was rejected as it did not meet the minimum specifications. Bid Item 177 On motion by Councilman Pinkley, seconded by Councilman Pick-up Truck Jordan, the contract.for Bid Item 177, a 1972 model Ford three-quarter ton pick-up truck, was awarded to Theodore Robins Ford, Incorporated, 2060 Harbor Boulevard', Costa Mesa, in the amount of $3,030.33, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett CONSENT CALENDAR ITEMS: The following items were pulled from the Consent Calendar for discussion: Item 12,"a claim from Sandra Dingman, 2944 Royal Palm Drive, Costa Mesa; Item 19, a business license application from JEC Sales -Company, Van Nuys, for Wholesale radio sales; Item 26, the proposed addition of Vanguard Way between the Newport Freeway and Fair Drive, to the Master Plan of Highways. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, Councilman Hammett absent, the following Consent Calendar Items were approved in one motion. Gas Company A notice of prehearing conference before the Public Request Utilities Commission on application of Southern California Gas Company for authority to include in its tariff schedules a provision to relate charges for firm general service to deviations of record temperatures from average temperatures, was received and processed. Newland No. 5 A notice of hearing by the Local Agency Formation Commission Annexation on the proposed annexation to the City of Huntington Beach, designated the Newland No. 5 Annexation; said property located north of Talbert and west of the Santa Ana River and of no concern to Costa Mesa, was received and processed. Annexation No. A notice of hearing by the Local Agency Formation Commission K-234-71 on the proposed annexation to the Garden Grove Sanitary District, designated Annexation No. K-234=71, was received and processed. Grade Crossings An order instituting investigation before the Public Utilities Commission for the purpose of establishing a list for 1972 of railroad grade crossings of city streets or county roads most urgently in need of separation, was received and processed, as no additions are planned within the City of Costa Mesa. Action Commending The Action of the City Council of San Clemente and a Mayor Just Resolution commending Mayor Edward Just, Chairman of the City Selection Committee, for his leadership and work in the matter concerning the seating of City Selection Committee members on Orange County Local Agency Formation Commission, was received and processed. City of Irvine A Resolution of the Orange County Board of Supervisors Notice of Election reporting money to defray the cost of publication of notice Public Hearing Set of hearing and notice of election for the incorporation of the City of Irvine had been received by the Clerk of the Board of Supervisors; and setting the public hearing on said petition for incorporation for 10:00 a.m., September 15, 1971, was received and processed. Art League A request from the Costa Mesa Art League; Incorporated, a non - Request profit organization, for assistance in locating new headquarters as they have been notified that the building they 1 Art League Request presently occupy at 513 Center Street is to be sold after Continued January 1, 1972, was referred to the City manager and staff. Property Offered A letter from Siegfried Scholz, 3146 Yellowstone Drive, For Sale Costa Mesa, offering his property at that address for sale, was referred to the City Manager and staff. Association A letter from the Orange County Apartment House Association Concern expressing.concern about their industry's cash flow Expressed position if property taxes on apartments were to be raised during the period of freeze on rents was received; and the Clerk was directed to forward to the Association a copy of a letter from the Director of Finance, dated August 24, 1971. Report on A Final Report for Improvement of Fairview Road from the Fairview Road San Diego Freeway to Sunflower Avenue was received and processed. Pacific Telephone A letter of transmittal from the Pacific Telephone and Request Telegraph Company informing the City that it is requesting an increase in rates from the Public Utilities Commission, presented at the Council meeting of August 16, 1971, was received and processed. Ginger Fisher A claim from the Agriculture Insurance Company, 505 Shatto Claim Place, Post Office Box 75367, Los Angeles, on behalf of Ginger Fisher, was received and processed. Alcoholic Beverage An application for an on -sale beer and wine license from Licenses Zubie's Incorporated, 1712 Placentia Avenue, for Zubie's at the same address, for which Planning Department approved Zubie's parking, was received and processed. E1 Pescador An application for a person-to-person transfer of an on - sale general license, from Keith E. Newman and Sarah G. Newman, to Keith E. Newman, for El Pescador, 401 East 17th Street, for which Planning Department approved parking, was received and processed. Snoopy's An application for a person-to-person transfer of an on - sale beer license from Callie J. Jackson to Thomas F. Van Nort, for Snoopy's, 2000 North Newport Boulevard, for which the Planning Department had approved parking, was received and processed. Owl Liquor An application for person-to-person transfer of an off -sale general license from Joseph R. Milligan to Dennis A. and Ronald M. Holweger and Martin V. Jones, for Owl Liquor, 1125-P West Victoria Street, for which the Planning Department approved parking, was received and processed. Business License An application for a business license from V. W. Christian, Applications doing business as Christian Studios, 11330 Long Beach Christian Studios Boulevard, Lynwood, for photographer, transient, yearly, was approved. J. Frank and'Son An application for a business license from J. Frank and Son, Incorporated, 4201 Sunset Boulevard, Hollywood, for photography at the White Front Stores, 3088 Bristol Street, was approved subject to the business license division being notified of dates the company will be working at the White Front Store in the City of Costa Mesa. Olan Mills, An application from Olan Mills, Incorporated, of Tennessee, Incorporated, of 'doing business as Kaleidocolor, 1100 Carter Street, Tennessee Chatanooga, Tennessee, for itinerant photographer at K -Mart, 2200 Harbor Boulevard, for five days, from August 31, 1971, through September 4, 1971, was ratified. Art Judice An application for a business license from Superior -Matic Billiards Company, 7402 Bolsa Avenue, Westminster, for four pin ball machines, one rifle, one bowler at Art Judice Billiards, .. 518 West 19th Street, for which Police and Fire Departments had granted.approval, was approved. National Cystic A Notice of Intention to Solicit for Charitable Purpose Fibrosis Research from the Orange County Chapter, National Cystic Fibrosis Foundation Research Foundation, 1784 West Lincoln, Suite E, Anaheim, for door-to-door solicitation from September 7, 1971, through September 30, 1971, was approved with Section 6914J of the Municipal Code .waived. Harbor Area A Notice of Intention to Solicit for Charitable Purpose United Fund from the Harbor Area United'Fund, 325 North Newport Boulevard, Post Office Box 1284, Newport Beach, by door- to-door solicitation and mailings, September 1 through November 24, 1971, was approved with Section 6914J of the Municipal Code waived. California A Notice of Intention to Solicit for Charitable Purpose Council of the from the Orange County Chapter - California Council of Blind the Blind, Incorporated, 226 South Broadview, Anaheim, by sale of tickets of Children's Variety Show by telephone to businessmen only, on September 15 through December 15, 1971, was approved with Section 6914J of the Municipal Code waived. Rezone Petition Rezone Petition R-71-5, Irvine Company, 550 Newport Center R-71-5 Drive, Newport Beach, for permission to rezone property in Irvine Company the general area between the Newport Freeway and Redhill Avenue and between Fischer Avenue and McCormick Avenue, Costa Mesa, from Ml to Cl -CP, was set for public hearing Set for Hearing on September 20, 1971, at 6:30 p.m., in the Council Chambers, 77 Fair Drive, Costa Mesa. Refund A request for a refund from Custom Pools, 285 East Main Custom Pools Street, Tustin, for permit number 8159, as construction has been completed to the satisfaction of the Street Director, and all specifications for construction have been met, was approved and a refund of $100..00 paid as a deposit was authorized, as recommended by the Street Director, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair. NOES: Councilmen: None ABSENT: Councilmen: Hammett 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 NOES: Councilmen: None ABSENT: Councilmen: Hammett DATE NAME FOR STREET 4-15-71 Louise I. and Leslie C. Carl Placentia Avenue 8-11-71 Roy K. and Tomio Sakioka Sunflower and Main Street 8-31-71 Mary and N. A. Ross Placentia Avenue 10-5-71 Harold T. Segerstrom South Coast Road Dingman Claim Item.12, a claim from Sandra Dingman, 2944 Royal Palm Drive, Costa Mesa, was referred to staff as the claim has been settled, on motion by Councilman Jordan,'seconded by Councilman Pinkley, and carried. 1 1 JEC Sales Item 19, a business license application from Ed Weitzman, J. Weitzman and Charles Starr, doing business as JEC Sales Company, 13917 Cantlay, Van Nuys, for wholesale radio sales, store to store, from September 8 through October 29, 1971, for 38 days, excluding Saturdays and Sundays, was denied, as the applicants were not present as requested by the Business License Division, on motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried. Vanguard Way Item 26, the proposed addition of Vanguard Way, between the Newport Freeway and Fair Drive, to the Master Plan of Highways was referred to the Planning Commission for public hearing, on motion by Councilman Jordan, seconded by Councilman St. Clair, and carried. Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 686 Jordan, Warrant Resolution 686 was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 687 Pinkley, Warrant Resolution 687 was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT,: Councilmen.: Hammett Warrant On motion by Councilman St. Clair, seconded by Councilman Resolution 688 Jordan, Warrant Resolution 688, including payrolls 7116 and 7117 was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Claim Denied On motion by Councilman Pinkley, seconded by Councilman Phillips Jordan, and carried, the claim of Gerald D. Phillips was denied, as recommended by the City Attorney. Claim Denied On motion by Councilman St. Clair, seconded by Councilman Basich Pinkley, and carried, the claim of Cozette Basich was denied, as recommended by the City Attorney, as the claim was not presented to the proper party. Agreement On motion by Councilman St. Clair, seconded by Councilman Estancia Drive Pinkley, an Agreement and Grant of Easement with the State of California for the widening of Estancia Drive, was Resolution 71-71 approved, and Resolution 71-71, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING GRANT OF EASEMENT FROM THE STATE OF CALIFORNIA TO THE CITY OF COSTA MESA, RELATING TO WIDENING OF ESTANCIA DRIVE BETWEEN ESTANCIA HIGH SCHOOL AND ADAMS AVENUE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Claims On motion by Councilman Pinkley, seconded by Councilman Receivable St. Clair, the claims receivable vehicle damage write off in Write Off the amount of $41.67, an adjustment requested by the City Manager, was approved by the following roll call vote: Claims Receivable AYES: Councilmen: Wilson, Jordan, Pinkley, Write Off St. Clair., Continued NOES: Councilmen: .None ABSENT: Councilmen: Hammett Median Islands On motion by Councilman Jordan, seconded by Councilman Newport Boulevard St. Clair, plans and specifications for Irrigation of Median Islands on Newport Boulevard between 17th Street and 19th Street, were approved and the Clerk was authorized to advertisefor bids to be opened on September 24, 1971; Bids Authorized at 11:00 a.m., in the Council Chambers, 77 Fair Drive, Costa Mesa. Street Lighting The City Manager requested deannexation of overlapping Districts properties in Street Lighting Districts. On motion by Resolution 71-66 Councilman Pinkley, seconded by Councilman Jordan, Resolution 71-66, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING CERTAIN TERRITORIES OF THE COSTA MESA STREET LIGHTING AND MAINTENANCE DISTRICT, AS DEANNEXED FROM SAID DISTRICT AND STATING THE REASON THEREFOR, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Resolution 71-67 On motion by Councilman Pinkley, seconded by Councilman Territories Jordan, Resolution 71-67, being A RESOLUTION OF THE CITY Withdrawn COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, WITHDRAWING CERTAIN TERRITORIES FROM THE COSTA MESA LIGHTING DISTRICT, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Santa Ana Lift The City Manager requested authorization for the purchase Station of repair -replacement parts for the Sanitation District's Santa Ana lift station from T. H. Creears Corporation, the only authorized distributor in the area for parts to be used on Chicago pumps. On motion by Councilman Jordan,- seconded by Councilman St. Clair, the purchase of the repair -replacement parts for the Sanitation District's Santa Ana Lift Station from T. H. Creears Corporation, was authorized by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Change Order On motion by Councilman St. Clair, seconded by Councilman Mesa Verde Storm Pinkley, Change Order No. 1, an additional expenditure of Drain $250.00 for construction of the Mesa Verde Storm Drain; Gas Tax Project No. 78, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Tract 6757 On motion by -Councilman St. Clair, seconded by Councilman Improvements Pinkley, the Council accepted the improvements and exonerated Accepted the bonds for Tract No. 6757, 220 lots and a public park located south of Adams Avenue, and east of Estancia Drive; developer of tract is Republic Homes, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett 1 1 Closing of The City Manager presented a recommendation from the Westminster Traffic Commission which at the request of Donald E. Set for Hearing Huebner,, 250 East 16th Street, recommended the placing of a barricade at Westminster at East 16th Street, thus creating a dead-end street with access from East 16th Place. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, the request for the creation of a dead-end street on Westminster Avenue at 16th Street, with access from East 16th Place, was set for public hearing on October 4, 1971, at 6:30 p.m., in the Council Chambers, 77 Fair Drive, Costa Mesa, and the Clerk was requested to notify all of the residents in the immediate vicinity of the hearing. Parking - The City Manager presented a recommendation from the East 16th Street Traffic Commission to prohibit parking from 12:00 Midnight to 6:00 a.m. on East 16th Place, 200 feet on north curb and 150 feet on south curb, seven days a week. On motion by Councilman Jordan, seconded by Resolution 71-68 Councilman St. Clair, Resolution 71-68, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON PORTIONS OF 16TH PLACE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Parking - The City Manager presented a recommendation from the Traffic Victoria Commission to prohibit parking on Victoria Street 50 feet on the north curb, west of Charle Drive. On motion by Councilman Jordan, seconded by Councilman Pinkley, Resolution Resolution 71-69 71-69, being A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF VICTORIA STREET, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Futurama On motion by Councilman Pinkley, seconded by Councilman Jordan, the request of the City Manager for authorization to advertise in the Futurama Section of the Daily Pilot, at a cost of $1,140.00, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Lovena Funk The City Manager reported that he was forwarding the request Abandonment of Mrs. Lovena Funk for abandonment of a piece of land for a proposed street which abuts her property to the Planning Commission for a public hearing either the.last meeting in September, or the first meeting in October, in order to obtain the opinions of the people in that area. City Manager's On motion by Councilman Jordan, seconded by Councilman Action Ratified Pinkley, and carried, the action of the City Manager in writing a letter to Mayor Ed Just of. -the City of Fountain Valley informing him that the City of Costa Mesa would assist in the legal fees for the Mayor's_Selection Committee for the Local Agency Formation Commission in the amount of $265.00 was ratified by'the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Council's Position The City Manager requested that the City Council send Reaffirmed representatives to the meeting of the State Highway Commission in Ventura on September 15 and 16, for which the City -of Newport Beach has requested to be placed on the agenda, to request the deletion of the portion of the Coastal Freeway through Newport Beach. He stated that the City of Costa Mesa's representatives should make it clear that their Council was requesting that this portion not be deleted, and that the City of Costa Mesa would not go along with this request by the City of Newport Beach. After discussion, on motion by Councilman Resolution 71-70 Jordan, seconded by Councilman Pinkley, Resolution 71-70, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Coastal Freeway COSTA MESA, REAFIRMING ITS POSITION IN THAT OPPOSITION TO THE DELETION OF ANY PORTION OF THE COAST FREEWAY IN ORANGE COUNTY AND RECITING REASONS THEREFOR, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett The Mayor will appoint a representative to attend the meeting in Ventura. Executive Session The City Manager requested that an executive session be Requested held to discuss personnel matters immediately following the adjournment of the Council Meeting. 1 Public Hearing The Mayor announced .that this was the time and place set for the public hearing on the proposed Assessment District Assessment No. 20, Construction of an Alley between Broadway and District No. 20 Magnolia, from Raymond to Tustin. The Clerk announced that the affidavit of publication was on file in her office. The City Engineer read the Engineering Report on Assessment District No. 20 which was required in Resolution 71-49 adopted on July 19, 1971. The following Alley - persons spoke against the project because of the cost Broadway and involved: Mr. Kenneth Ryberg, 395 Broadway; Mr. Grant Magnolia Brown, 353 Broadway; Mr. Joseph McClellan, 352 Magnolia; Mrs. Louise Schultz, 364 Magnolia; Lorraine Z. Taylor, 391 Broadway. Mr. Melvin L. Ross, 376 Magnolia, stated he was in favor of the project but would like to be assured that if, after the construction had started, any deteriorated water lines or sewer lines were discovered, that such lines would be replaced rather than wait for a year or two until they broke entirely before they were replaced. There being no further speakers, -the Mayor closed the public hearing. The City Attorney stated that the next step would-be to adopt a Resolution of Intention if the majority of property owners.had not objected to the project. He stated that in order to reject the project, 13 out of 24 property owners would have to appear at the .public hearing in protest, and there were only five objections. Councilman Pinkley stated that he felt that it has been the policy of the City to assist in the cost of these projects, up to ten per cent; and he felt that it would only be fair to do so in this case. The property owners present were assured that the Council could cancel the project at any time up to the time that the contracts were signed, in the event that the bids submitted were in excess. -of the engineer's estimate. The City Attorney stated that three resolutions would have to be adopted at this time in order to proceed with the project plans. On motion by Councilman Jordan, seconded by Councilman Pinkley, Resolution 71-63 Resolution 71-63, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING RESULTS OF HEARING, OVERRULING PROTESTS, DETERMINING THAT THE PUBLIC Resolution 71-63 INTEREST, CONVENIENCE AND NECESSITY REQUIRE CERTAIN WORK Continued OR IMPROVEMENT OF AN ALLEY BETWEEN MAGNOLIA STREET AND BROADWAY -FROM TUSTIN AVENUE TO RAYMOND AVENUE, SUBSTANTIALLY AS SET FORTH IN REPORT OF PROJECT FILED UNDER THE "SPECIAL ASSESSMENT, INVESTIGATION; LIMITATION AND MAJORITY PROTEST ACT OF 1931" AND DETERMINING THAT SAID PROJECT IS FEASIBLE, AND MAKING OTHER DETERMINATIONS, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Resolution 71-64 On motion by Councilman Pinkley, seconded by Councilman Jordan, Resolution 71-64, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING PLANS, DRAWINGS, SPECIFICATIONS OF,ASSESSMENT DISTRICT NO. 20 IN THE MATTER OF AN ALLEY BETWEEN MAGNOLIA STREET AND BROADWAY FROM TUSTIN AVENUE TO RAYMOND AVENUE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Resolution 71-65 On motion by Councilman Jordan, seconded by Councilman Pinkley, Resolution 71-65, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CLEARING AND GRUBBING, REMOVAL OF OBSTRUCTIONS, EXCAVATION, CONSTRUCTION OF ASPHALT CONCRETE PAVEMENT AND CONCRETE GUTTER, ADJUSTING SEWER MANHOLES, RELOCATING WOOD FENCE, REMOVING AND REPLACING CONCRETE DRIVEWAYS, TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN AN ALLEY BETWEEN, MAGNOLIA STREET AND BROADWAY -FROM TUSTIN AVENUE TO RAYMOND AVENUE, DECLARING THE WORK TO BE OF MORE THAN.LOCAL OR ORDINARY PUBLIC BENEFIT, AND DESCRIBING THE DISTRICT,TO BE BENEFITED BY Amendment SAID WORK AND TO PAY THE COSTS AND EXPENSES, AND FIXING THE TIME AND PLACE FOR HEARING OBJECTIONS TO SAID WORK, was adopted with an amendment to read: "The amount to be contributed to the said work by the City of Costa Mesa is the sum'of $1,061.33, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Public,Hearing The Mayor announced that this was the time and place set for the public hearing on the repeal of Ordinance 63-31, Repeal of which established certain building setback lines on Ordinance 63-31 property in the general area on the north side of Ogle Street, between Orange and Westminster Avenue, Costa Mesa. The affidavit of publication is on file in the office of the City Clerk. The Director of Planning showed a visual display of the property. There being'no one interested in speaking, the Mayor closed the public hearing. On motion by Councilman Jordan, seconded by Councilman St. Clair, Ordinance 71-26 Ordinance 71-26, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REPEALING ORDINANCE 63-31 WHICH PROVIDES FOR ESTABLISHING BUILDING SETBACKS ON THE NORTHERLY First Reading SIDE OF OGLE STREET, was given first reading and passed to second reading, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley,. St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Public Hearing The Mayor announced that this was the time and place set Rezone Petition for the public hearing on Rezone Petition R-71-17, State R -71-17 - Mutual Savings and Loan, 626 Wilshire -Boulevard, Los State Mutual Angeles, for permission to rezone property between Pacific Savings and Loan and the Santa Ana River, north of Victoria Street, Costa Mesa, from Rl-W and R4 -W to R1. Mr. Joe Coderre, owner of property located at 2201 Pacific Avenue, addressed the Council and stated that he was not against the project but was worried about having access to his property if the tract of homes were built after the property was rezoned. Mr. J. Scaffa, a representative of Ayres Construction Company, was present and stated that he could answer any questions asked by Council as the applicant had not yet arrived. Mr. Irving Meyers, the original owner of the property, was present and addressed the Council, and stated that. he had originally sold the property for a proposed marina. He also submitted pictures of heavy flooding in the area at different times and stated that he felt that this was too susceptible to flooding and would not therefore be suitable for residential purposes. Mr. Coderre also stated that he felt the area was very susceptible to flooding. The applicant, Mr: Don Ayres, La Cuesta, and his consultant, Mr. Ron Winterburn of Valley Consultants, Incorporated, arrived and Mr. Winterburn addressed the Council. He -stated that even if the application was approved, if they could not comply with all conditions established by the Planning and Engineering Departments, they would be unable to build the project. Councilmen St. Clair and Jordan stated that although they knew Mr. Ayres had a very good reputation as a builder, they did not feel that this was a proper location for residential projects. Mrs. Shirley Price, 2409 Orange Avenue, stated that she felt that this project should not be approved as this was part of the Santa Ana River Greenbelt Plan. She. also stated that she was afraid that Vista Park could be reduced in size if the Tract proposed for the area was approved, providing the rezone was approved. Mr. Winterburn stated that he had been informed that the Prado Dam as it now stands is not adequate to handle a project storm. There being no one else interested in speaking, the Mayor closed the public hearing. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, Councilman Denied Hammett absent, the application for Rezone Petition R-71-17, was denied. Tentative Map On motion by Councilman Jordan, seconded by Councilman Tract 4504 St. Clair, and carried, Councilman Hammett absent, the Tentative Map of Tract 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 Avenue and the Santa Ana River, north of Denied Victoria Street, Costa Mesa, was denied. Zone Exception On motion by Councilman St. Clair, seconded by Councilman Permit ZE-71-73 Jordan, and carried, Councilman Hammett absent, Zone La Cuesta Exception application, ZE-71-73, La Cuesta, 6000 West Coast Highway, Newport Beach, for permission to allow lot reductions from 6,000 square feet to 5,500 square feet on 156 lots of Tentative Tract 4504, Revised, between Pacific Avenue and the Santa Ana River, north of Victoria Street, in an R1W and R4W (proposed R1 and R4) zone, for which the Planning Commission had recommended approval subject to Denied conditions and special requirements, was denied. Tentative Maps On motion by Councilman Jordan, seconded by Councilman Tracts 6245 and Pinkley, and carried, Councilman Hammett absent, the 6639 Tentative Map of Tracts Number 6245 and Number 6639, George Heltzer and Associates, 740 North La Brea, Los Angeles, located west of.Smalley Road, north of the San Diego Freeway, Tentative Maps Tracts 6245 and Costa Mesa, was approved subject to all requirements of 6639 the Planning Department dated January 9, 1967, and Continued Engineering dated January 5, 1967. Tract 6639 The final map for Tract No. 6639 located south of Sunflower Avenue and west of Smalley Street; developer, Heltzer Enterprises, was presented for approval and acceptance of streets and highways shown thereon. Mr. Jeff Millet of Millet and King Associates, addressed the Council and stated that Heltzer Enterprises had agreed to continue South Coast Road through to Sunflower. The City Manager stated that at the present time, the City had not been able to consummate the filing of the deed necessary. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, Councilman Hammett absent, the final map for Tract No. 6639 located south of Sunflower Avenue and west of Smalley Street was approved and the streets Approved and highways thereon accepted, subject to the requirements of the Planning and Engineering Departments; and the City Manager was authorized to assist in the acquiring of the deed for the street. Agreement The City Clerk presented an agreement between the City of for Fairgrounds Costa Mesa and the State of California 32nd District Facilities Agricultural Association for the auditorium building at the Orange County Fairgrounds. On motion by Councilman St. Clair, seconded by Councilman Pinkley, the License Agreement for Use of Fairground Facilities for the period January 1, 1972, and ending December 31, 1975, for a total rent of $8,100.00, payable in monthly installments of $225.00, to be used for youth and adult recreation programs, was approved, and the Mayor was authorized to sign by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Request from On motion by Councilman St. Clair, seconded by Councilman Board of Jordan, and carried, Councilman Hammett absent, a request Supervisors by resolution of the Orange County Board of Supervisors that names of three candidates be submitted for'the position of Coordinator of the Council for the Santa Ana River Santiago Creek Greenbelt Plan, to be appointed by the Board of Supervisors was held in abeyance. Zone Exception The Clerk presented from the meeting of August 2, 1971, Permit ZE-71-69 an application for Zone Exception Permit ZE-71-69, Robert H. Guritz Guritz, 20314 Acacia Street, Santa Ana, for permission to construct a duplex with an attached two -car garage on 6,381.05 square feet of land area (one unit per 3,190.50 square feet) in an R1 zone; and to allow two open car spaces in lieu of a two -car garage at 250 Costa Mesa Street. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, Councilman Hammett absent, the application was withdrawn as requested by the applicant. C-70-66 The Clerk presented application for Conditional Use Permit Shell Oil C-70-66, Shell Oil Company, 1136 North Brookhurst, Anaheim, Company for permission to add an eight -foot modular Shell identification sign to an existing Shell service station. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, Councilman Hammett absent, the application was withdrawn as requested by the applicant. C-71-66 The Clerk presented application for Conditional Use Permit Shell Oil C-71-66, Shell Oil Company, 1136 North Brookhurst, Anaheim, Company for permission to add an eight -foot modular Shell C-71-66 identification sign to an existing Shell service Shell Oil station. The proposed sign is to have two, 65 -foot Company poles.:and contain approximately 376 square feet, and is Continued located at 3045 Bristol Street, in a C2 zone. On motion by Councilman St. Clair, seconded by Councilman Pinkley; and carried, Councilman Hammett absent, the application was withdrawn as requested by the applicant. Zone Exception The Clerk presented application for Zone Exception Permit Permit ZE-71-1 ZE-71-1, Philip A. Spiller, 1649 Westcliff Drive, Newport Spiller Beach,'for permission to construct 27 residential apartment units on 31,500 square feet of land area (one unit per .1166 plus square feet) in a C2 zone with the following exceptions: (1) To use commercial property for a residential development; (2) To allow a 15 -foot encroachment into the required 30 -foot front yard setback, measured from the property line; (3) To allow 27 carports in lieu of the required 27 garages; (4) To allow parallel parking for nine cars and a shortage of five parking spaces (14 open parking spaces required); (5) To allow a 25 -foot turning. radius instead of the 27 -foot as required, at 2068 Newport Boulevard. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, Councilman Hammett absent, the application was withdrawn as requested by the applicant. Zone Exception The Clerk presented application for Zone Exception Permit Permit ZE-71-7 ZE-71=7, Anthony M. Palaferri, 23872 Shadytree Circle, Palaferri Laguna Niguel, for permission to construct eight (8) units on 18,415 square feet of land area (one unit per 2302 square feet) in an R2 zone at 1960 Wallace Avenue, Costa Mesa. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, Councilman Hammett absent, the application was withdrawn as requested by the applicant. Zone Exception The Clerk presented application for Zone Exception Permit Permit ZE-71-84 ZE-71-84'Mobil Oil Company and/or General Maintenance, Mobile Oil Incorporated, 11372 Western Avenue, Stanton, for permission Company and/or to convert an existing pump island to a self-service General pump island, including the installation of a directional Maintenance sign (three feet, 7-3/32 inches by three feet, 7-3/32 inches) with an overall height of 11 feet, at end of pump island, at 2799 Harbor Boulevard, in a C2 zone. Mr. H. C. Ericson, 9901 South Paramount Boulevard, Downey, and Mr. C. Manley, 11372 Western Avenue, Stanton, were present and agreed to the conditions. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved subject to conditions, as recommended by the Planning Commission. Assessment The City Attorney stated that he wanted to reitterate that District 20 the Public Hearing for the Resolution of Intention on Resolution of Assessment District 20, was set for Public Hearing•on Intention October 4, 1971, at 6:30 p.m., in the Council Chambers, 77 Fair Drive, Costa Mesa, at which time any person for or Set for Hearing against the project may be heard. Oral Mr. John Oliver, 3077 Yukon, Costa Mesa, addressed the Communications Council regarding construction equipment.for dirt moving in connection with the construction of the Corona Del Mar Dirt Moving Freeway being brought into the area of Bear Street School. Equipment Near On -motion by Councilman Pinkley, seconded by Councilman Bear Street Jordan, and carried, Councilman Hammett absent, the City School Manager was directed to investigate the matter and report back to Council on September 20, 1971. Complaint Mr. Verlyn Marthe, Cape Verde Drive, Costa Mesa, spoke.against Herbicides the use of herbicides in spraying trees in the City. The complaint was duly noted by the City Manager and he will investigate :and report to Council on the matter. 1 1 1 Complaint Mr. Hoffenger, 3006 College Avenue, Costa Mesa, complained Dirt Hauling regarding dust from dirt being hauled at the Fed Mart construction project in the vicinity of Baker Street. The construction company is using.College Avenue and he felt that they were creating a serious problem. The City Manager and Street Department were directed to investigate the matter and to determine if the trucks could not come in off of Baker, instead of going in around College Avenue, which is a residential area. Adjournment The Mayor adjourned the meeting to an Executive Session at 8:55 p.m. Classifications On motion by Councilman Jordan, seconded by Councilman Authorized Pinkley, the City Manager's recommendation of establishing two new classifications; one a Director of Public Services, and one a Director of Engineering Services, both at a salary range of $1,361.00 to $1,659.00 per month, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Hammett Executive Session On motion by Councilman St. Clair, seconded by Councilman Adjourned Jordan, and carried, Councilman Hammett absent, the executive session adjourned at 9:15 p.m. Th&" Mayor of the City of Costa Mesa ATTEST: The City Clerk of the City of Cos otilesa 1