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HomeMy WebLinkAbout11/15/1971 - City CouncilREGULAR MEETING OF THE CITY COUNCIL November 15, 1971 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., November 15, 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 Fred R. Morse, Central Bible Church, Costa Mesa. Roll Call Councilman Present: Wilson, Pinkley, Jordan, St. Clair, Hammett Councilmen Absent: None Officials Present: Assistant City Manager, City Attorney, Director of Engineering Services/City Engineer, Director of Planning, City Clerk Minutes Councilman St. Clair requested that the Minutes of November 1, November 1, 1971 1971, be changed regarding the vote on the proposal to join SCAG. He requested to be placed on record as voting No on the motion made by Councilman Jordan, seconded by Councilman Pinkley, that the proposal to join SCAG be rejected. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, the Minutes of the meeting of November 1, 1971, were approved, with the change requested by Councilman St. Clair. Ecology Contest Mr. William Bandaruk of the Beautification Committee introduced Chuck Falconbridge of Costa Mesa High School who addressed the Council and audience regarding the importance of ecology. He then presented Certificates and prizes to the following winners of the Ecology Begins at Home Contest: Mr. and Mrs. Skalmowski, 2449 North Duke Place; Mr. Lee Wadsworth, 298 West Bowling Green Drive; Mr. and Mrs. McClellan, 352 Magnolia Street; Mr. and Mrs. Richard Aston, 2090 Flamingo Drive; Mr. and Mrs. George Wells, 2000 Kornat Drive. Housing Authority The Mayor stated that the matter of the Orange County Housing Authority, which was held over from the meeting of November 1, 1971, would be discussed and he introduced Mr. William Gasser, Assistant Planner of the City of Santa Ana, who addressed the Council and explained that he was representing Mr. Robert Portillo who was in Sacramento. He reported on the procedures followed by the City of Santa Ana in connection with the Housing Authority. The City Council of the City of Santa Ana declared themselves the Housing Authority for that City. He stated that a City Council could either appoint five people to the Authority or they could act as the Authority themselves. He explained that they had patterned their Authority after that of the City of San Diego, which was a very well-planned Authority. He answered questions asked by the Council regarding the program and HUD. Mr. J. Hitchkock of the Share Ourselves of St. John the Baptist Catholic Church in Costa Mesa, spoke in favor of the formation of an Authority for the City of Costa Mesa and urged the Council to request the Board of Supervisors to establish an Orange County Housing Authority. Mrs. Jean Forbath, 2880 Clubhouse Road, Costa Mesa, spoke regarding various cases in the County which the Share Ourselves Group has helped through donations of food and clothing. She spoke in favor of the Housing Authority. Mrs. Edward Drollinger, 22832 Costa Bella Drive, E1 Toro, President of the League of Women Voters of Orange Coast,. spoke in favor of the Authority. Shirley Price, 2409 Orange Avenue, Costa Mesa, spoke in favor of the Authority. The Clerk reported that a letter and fact sheet had been received by Mrs. Elsie C. Kroesche, President of the League of Women Voters of Orange County, supporting the idea of the Housing Authority, and requesting the Council to support it. Mr. R. Berg, 523 Bernard Street, Costa Mesa, a member of the Board of Directors of the Orange County Apartment Owners' Association, spoke against the formation of the Authority at this time as much of •'r.v. Housing Authority of the money allocated by HUD for the program was spent on Continued administrative costs and lost in the bureaucratic process. Mr. Gasser returned to the microphone to answer questions asked by Mr. Berg. Mr. Tom Manus, 2212 College, Costa Mesa, stated that he was not in favor of the Authority. Councilman St. Clair stated that he believed the program would give an incentive to property owners to bring their property up to code and raise the standard of the older,'more unattractive homes in the City. Councilman Pinkley stated that the Orange County Housing Authority was something initiated by the Orange County Board of Supervisors and they were the ones that should act on it if they,so desired. Councilmen Jordan, Wilson, and Hammett stated that they could not make a decision at this time whether or not the City of Costa Mesa should have a Housing Authority because a study should be made of the area to determine the needs before a decision is made. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, a letter to the Orange County Board of Supervisors was authorized, requesting them to determine whether or not a Housing Authority was needed in the County, and if they determined that it was they should establish one. Housing Study On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the staff was directed to study the needs of the area to determine if the City should establish a Housing Authority, Councilman Pinkley voting No. Bid Item 180 On motion by Councilman St. Clair, seconded by Councilman Fire Hose Jordan, the bid for 2,500 feet of one and one-half inch fire hose, which was held over from the meeting of November 1, 1971, was awarded to the American Rubber Company, 12631 East Imperial Highway, Santa Fe Springs, in the amount of Awarded $2,125.00, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Recess The Mayor declared a five-minute recess at 8:40 p.m. The meeting reconvened at 8:45 p.m. Irrigation of On motion by Councilman Jordan, seconded by Councilman Pinkley, Costa Mesa Park the bid for the Irrigation of Costa Mesa Park, which was held over from the meeting of November 1, 1971, was awarded to Landscape Services, Incorporated, 1963 South Myrtle Avenue, Awarded Monrovia, in the amount of $23,312.00, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Assessment The Clerk reported that bids were opened on November 9, 1971, District 20 for the construction of improvements in an alley between Magnolia Street and Broadway from Tustin Avenue to Raymond Avenue, in the City of Costa Mesa, Assessment District No. 20. The following bids were received: NAME AMOUNT R. W. McClellan $8,413.60 Jerry Cross 6,980.37 R. J. Noble Company 7,881.30 Sully -Miller 6,763.00 E. L. White Company 7,036.54 Hardy and Harper 6,726.43 1 �I �J Awarded On motion by Councilman St. Clair, seconded by Councilman Jordan, the bid was awarded to Hardy and Harper, Incorporated, Post Office Box 96, Tustin, in the amount of $6,726.43, and Resolution 71-81, being A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AWARDING A CONTRACT FOR THE WORK DESCRIBED IN RESOLUTION OF INTENTION NO. 71-65, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Traffic Signals The Assistant City Manager reported that bids were opened on Fairview and November 9, 1971, by the Clerk for Installation of Traffic Paularino Signals and Safety Lighting at Fairview Road and Paularino Avenue. The following bids were received: NAME AMOUNT Bids Paul Gardner Corporation $13,203.00 Grissom and Johnson, Incorporated 12,766.00 Smith Electric Supply 14,085.00 Steiny and Company, Incorporated 12,360.00 C. T. F., Incorporated 13,135.00 Baxter -Griffin Company 14,497.00 Awarded On motion by Councilman Pinkley, seconded by Councilman St. Clair; the bid was awarded to Steiny and Company, in the amount of $12,360.00, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Traffic Signals The Assistant City Manager reported that bids were opened on West 19th and November 9, 1971, by the Clerk for Installation of Traffic Park Avenue Signals and Safety Lighting at West 19th Street and Park Avenue. The following bids were received: NAME AMOUNT Bids C. T. & F., Incorporated $15,161.00 Steiny and Company, Incorporated 17,074.00 Grissom -Johnson 17,170.00 Smith Electric Supply 17,312.00 Paul Gardner Corporation 17,362.00 Baxter -Griffin Company 18,340.00 Awarded On motion by Councilman Jordan, seconded by Councilman St. Clair, the bid was awarded to C. T. & F., Incorporated, 6853 Live Oak Street, Bell Gardens, in the amount of $15,161.00, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None The Assistant City Manager reported that bids were opened on November 9; 1971, by the Clerk for Installation of Traffic Signals and Safety Lighting at Adams Avenue and Albatross Drive (Shantar Drive). The following bids were received: NAME AMOUNT Bids Grissom -Johnson $18,980.00 C. T. & F., Incorporated 19,768.00 Paul Gardner Corporation 20,045.00 Steiny and Company, Incorporated 20,647.00 Smith Electric Supply 21,057.00 Baxter -Griffin Company 21,578.00 Awarded On motion by Councilman Jordan, seconded by Councilman St. Clair, the bid was awarded to Grissom and Johnson, Incorporated, Post Office Box 10040, Santa Ana, in the amount of $18,980.00, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Weed Abatement The Clerk presented for second reading and adoption, Ordinance 71-35, regarding abatement of weed and rubbish nuisances. She stated that two letters were received from Ordinance 71-35 Mr. and Mrs. Hans Groening, 454 Cabrillo Street and Mr. Donald B. Nicholson, 2063 Republic, in favor of the Ordinance. On motion by Councilman Hammett, seconded by Councilman St. Clair, Ordinance 71-35, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA PROVIDING FOR ABATEMENT OF WEED AND RUBBISH NUISANCES AND ESTABLISHING THE RESPONSIBILITY FOR ADMINISTRATION THEREOF, was given second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None CONSENT CALENDAR ITEMS: On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the following Consent Calendar items were approved in one motion. Air California A resolution from the City of Anaheim, urging renewal of the Lease Agreement lease agreement with Air California and Air West for the use of Orange County Airport facilities, was received and processed. Conditions For A letter from the City of Newport Beach recommending conditions Airline Terminal to be enacted in the renewal of the airline terminal lease at Lease Orange County Airport for Air California, was received and processed. Engineer's No. A letter from the Orange County Local Agency Formation 138 Annexation Commission, advising that they will make determination on proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 138 Annexation, on November 10, 1971, -was received and processed. Christmas A letter from Pastor Joseph F. Jeffreys, Newport Harbor Caroling Seventh-Day Adventist Church, 271 Avocado Street, Costa Mesa, requesting Christmas Caroling from house to house each night from 6:00 p.m. to 9:00 p.m., except Friday, between Thanksgiving and Christmas., was approved. Christmas Tree A business license application from Richard Sewell, 434-A East Lot 17th Street, for a Christmas tree lot at 360 East 17th Street, Sewell was approved. Noonan Christmas A business license application from Noonan Christmas Trees, Trees 2207 Avalon Street, for a Christmas tree lot at 2111 Newport Boulevard, was approved. Reliable Auction A business license application from Reliable Auction Service, Service Incorporated, 1281 Logan Avenue, Building D, Costa Mesa, for a one day auction, November 27, 1971, at that same address, for which the Planning Department approved the location, was approved. New Horizons A Notice of Intention to Solicit for Charitable Purpose from Boys New Horizons Boys Ranch, 2911 Paper Lane, Newport Beach; the program is shown by slides to service clubs only and brochure is to be left with members in attendance if they wish to donate, dates unknown at this time, was approved with Section 69141 of the Municipal Code waived. Mardan A Notice of Intention to Solicit for Charitable Purpose from Foundation of Mardan Foundation of Educational Therapy, Incorporated, Educational 695 West 19th Street, Costa Mesa, a direct mail solicitation, Therapy from November 1, 1971, through December 31, 1971, was '- approved with Section 6914J of the Municipal Code waived. 1 -41 Refund A request from Mr. Karl Pfeiffer, 933 Junipero Drive, Costa Mesa, for refund on a deposit on permit 8210, for construction Pfeiffer of a swimming pool, which was recommended for approval by the Street Superintendent, was approved, in the amount of $100.00, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Right of Way Deed The following right of way deed was accepted and ordered 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 10-18-71 Panayotis and Maria Placentia Avenue Kalogeropoulos Director's A Director's Deed from the State of California, Surplus Deed property at 129-133 East 17th Street, was accepted and the deed was ordered 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 Written A request for comments from Costa Mesa from the City of Communications Newport Beach on their intention to sell surplus property, 40.26 acres at the west end of. 19th Street, and contiguous to Surplus Property Costa Mesa on three sides was referred to staff. A 1970 appraisal determined that a mobile park represents the probable highest and best use of the property. Warrant On motion by Councilman Jordan, seconded by Councilman Pinkley, Resolution 697 Warrant Resolution 697, including payroll 7122, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Warrant On motion by Councilman Jordan, seconded by Councilman Pinkley, Resolution 698 Warrant Resolution 698 was approved by the following roll call vote: AYES: Councilmen: Jordan., Wilson, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Norte ABSTAINING: Councilmen: Hammett McKenzie The City Attorney reported that the Courts had ruled in favor Court Decision of Mr. Arthur McKenzie, former City Manager, in his suit against the City, and that the City Attorney would have information regarding an appeal by the City at the next Council meeting. Reimbursement The Assistant City Manager presented a Reimbursement Agreement Agreement between the City of Costa Mesa and the Segerstrom Industrial District in connection with the Watson Avenue Storm Drain, Watson Avenue which will supersede the agreement approved by the Council at Storm Drain the meeting of November 1, 1971. On motion by Councilman St. Clair, seconded by Councilman Jordan, the agreement between the City and the Segerstrom's was approved and the Mayor and City Clerk were authorized to sign on behalf of the City, by the following roll call vote: Watson Avenue AYES: Councilmen:, Wilson, Jordan, Pinkley, Storm Drain St. Clair, Hammett Continued NOES: Councilmen: None ABSENT: Councilmen: None Watson Avenue On motion by Councilman Pinkley, seconded by Councilman Storm Drain Jordan, the Council accepted the easement deed from the Easement Deed Segerstrom's for the Watson Avenue Storm Drain, and it was directed that the deed be 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 Street The Assistant City Manager presented for approval the street Improvements improvements at Bristol and Baker Streets; the City's share Bristol and of construction cost is $2,567.00, in connection with Zone Baker Exception ZE-62-70. On motion by Councilman St. Clair, seconded by Councilman Jordan, the improvements were approved, and the Finance Department was authorized to make the payment of $2,567.00, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None 1 Estancia Park The Assistant City Manager reported that the landscaping Landscaping project at Estancia.Park had been completed by Valley Crest Landscape, Incorporated, 1920 South Yale Street, Santa Ana, in accordance with plans and specifications. On motion by Councilman St. Clair, seconded by Councilman Pinkley, the work was accepted and the Clerk was authorized to file a Notice of Completion but to retain the bonds for a one-year maintenance period, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Change Order No. 1 The Assistant City Manager presented a request for approval Street of Change Order No. 1 for additional work totaling Maintenance $4,852.04 for Street Maintenance 1970-1971, which was 1970-1971 caused by the necessity to realign the storm drain pipe on Superior Avenue, as several old pipelines were discovered after the street was opened. On motion by Councilman Pinkley, seconded by Councilman Jordan, the Change Order for additional work totaling $4,852.04 for Street Maintenance 1970-1971, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Removal of On motion by Councilman Hammett, seconded by Councilman Parking on Wilson Pinkley, and carried, the removal of parking on Wilson Street Deferred between College Avenue and Fairview Road was deferred. Removal of The Assistant City Manager presented a recommendation from Parking, Portions the Traffic Commission for the removal of parking on Victoria of Victoria Street between Charle Drive and Miner Street on the northerly Street and Elm curb and from 75 to 250 feet west of Charle Drive on the Avenue southerly curb; and on Elm Avenue on the southerly curb, from 120 feet to 250 feet west of Royal Palm Drive. On motion by Councilman Jordan, seconded by Councilman St. Clair, Resolution 71-82 Resolution 71-82, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON PORTIONS OF VICTORIA STREET; AND ON PORTIONS OF ELM AVENUE, was adopted by the following roll call vote: n Resolution 71-82 AYES: Councilmen: Wilson, Jordan, Pinkley, Continued St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Whittier Avenue The Assistant City Manager presented a recommendation from Speed Limit the Traffic Commission to raise the speed limit on Whittier Avenue from West 16th Street to West 19th Street; from - residential unposted 25 miles per hour to posted 35 miles per hour. On motion by Councilman St. Clair, seconded by Ordinance 71-36 Councilman Hammett, Ordinance 71-36, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 3416.0 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO INCREASE THE SPEED LIMIT ON WHITTIER AVENUE FROM WEST 16TH STREET TO WEST 19TH STREET FROM 25'M.P.H. TO 35 M.P.H., was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Bid Item 181 On motion by Councilman Pinkley, seconded by Councilman 1972 Hardtop Jordan, and carried, bids were authorized for Bid Item Sedan Automobile 181, one 1972 four -door, six -passenger Hardtop Sedan Automobile, bids to be opened by the Clerk on December 10, Bids Authorized 1971, at 11:00 a.m., in the Council Chambers, 77 Fair Drive, Costa Mesa. Helicopter The Assistant City Manager presented the Maintenance Agreement Agreement with Tallmantz Aviation for the two Hughes Tallmantz Helicopters operated by the Police Department, for price Aviation adjustment. The City Attorney advised the Council that the Price Freeze should be studied before any action could be considered final if an increase were granted. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the request was tabled and the staff is to investigate the price freeze guidelines and report back to Council with further information. Collections -Supervisor Bid Item 182 On motion by Councilman Pinkley, seconded by Councilman salary range of $835.00 to $1,015.00 per month, and an Offset Press Jordan, and carried, bids were authorized for Bid Item 182, Color Head one Offset Press Color Head, bids to be opened by the Clerk classification of Collections Supervisor at a salary of on December 10, 1971, at 11:00 a.m., in the Council Chambers, Bids Authorized 177 Fair Drive, Costa Mesa. AYES: Councilmen: Wilson, Jordan, Pinkley, Project 21 The Assistant City Manager presented a request from Project NOES: Councilmen: None 21 for financial support. Mr. Hugh Halderman of Project 21 ABSENT: Councilmen: None was present and explained that they would use the funds to create a new study team. On motion by Councilman Jordan, seconded by Councilman Hammett, the Council authorized the contribution of $600.00 to Project 21, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Helicopter The Assistant City Manager presented the Maintenance Agreement Agreement with Tallmantz Aviation for the two Hughes Tallmantz Helicopters operated by the Police Department, for price Aviation adjustment. The City Attorney advised the Council that the Price Freeze should be studied before any action could be considered final if an increase were granted. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the request was tabled and the staff is to investigate the price freeze guidelines and report back to Council with further information. Collections -Supervisor The Assistant City Manager presented a proposed classification of Collections Supervisor for the Finance Department, at a salary range of $835.00 to $1,015.00 per month, and an organizational plan for the Finance Department. On motion by Councilman Jordan, seconded by Councilman Pinkley, the classification of Collections Supervisor at a salary of $835.00 to $1,015.00 per month for the Finance Department was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Department Head On motion by Councilman Wilson, seconded by Councilman Salaries Hammett, and carried, the proposed resolution regarding department head salaries was held over to executive session to follow the meeting. Christmas Trees On motion by Councilman Pinkley, seconded by Councilman Newport Harbor St. Clair, and carried, a business license application from Y -Men's Club the Newport Harbor Y Men's Club to sell Christmas trees on a lot located at 305 East 17th Street was approved. One -day Auction On motion by Councilman St. Clair; seconded by Councilman Pinkley, and carried, an application for a business license from Coast Auction House, 2426 Newport Boulevard, Costa Mesa, for a one -day auction on November 20, to be held at 2380 Newport Boulevard, was approved. Public.Hearing The Mayor announced that this was the time and place set for the public hearing on the proposed noise ordinance. Noise Ordinance The affidavit of publication is on file in the Clerk's office. The Clerk reported that communications had been received from Donald V. Nicholson, 2063 Republic, and Mr. and Mrs. Hans G.-Groening, 454 Cabrillo Street, in favor of the ordinance. The City Attorney reported that minor clerical errors will be corrected in the ordinance, but nothing would be changed that would alter the ordinance in any way. There being no speakers, the Mayor closed the Ordinance 71-37 public hearing. On motion by Councilman Jordan, seconded by Councilman St. Clair, Ordinance 71-37, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADDING CHAPTER IX, ARTICLE 4, DIVISION I,TO THE COSTA MESA MUNICIPAL CODE, RELATING TO THE CONTROL OF NOISE IN RESIDENTIAL AREAS OF THE CITY, was given first reading and passed to second 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 Repeal of for the public hearing on the repeal of Ordinance 80 Ordinance 80 establishing a rear yard setback of 50 feet for all properties between Hamilton Street to 19th Street and between Pomona and Placentia Avenues and between Pomona and Wallace Avenues when the rear yards abut on the existing alleys in said area. The affidavit of publication is on file in the Clerk's office. The Clerk reported that a letter had been received from Mrs. Joseph LaPointe, 1941 Pomona, in favor of repeal of the Ordinance. Mrs. LaPointe also addressed the Council stating that she was in favor of the repeal. The Director of Planning displayed slides of the area. He stated that while the Planning staff had recommended alleys 30 feet in width for Palace from 25 feet west to 15 feet east of the existing center line, and 30 feet in width for Sterling, 15 feet east and west of existing center line, the Planning Commission had recommended repeal of the Ordinance for denial as they felt a street was needed instead of an alley. Mr. Bert Knott, a realtor, spoke in favor of alleys, as did Mr. John Waters, an architect, and Mr. Jack Irvine, 2043-2049 Wallace. There being no further speakers, the Mayor closed .the public hearing. A motion by Councilman Jordan, seconded by Councilman St. Clair to repeal Ordinance 80 failed to carry, Councilmen Wilson, Pinkley and Hammett voting No. On motion by Councilman Hammett, seconded by Councilman Pinkley, repeal of Ordinance 80 establishing a rear yard setback of 50 feet for all properties between Hamilton Street to 19th Street and between Pomona and Placentia Avenues and between Pomona and Wallace Avenues when the rear yards abut on the existing alleys in Denied said area, was denied by the following roll call vote: Ordinance 80 AYES: Councilmen: Hammett, Pinkley, Wilson Continued NOES: Councilmen: Jordan, St. Clair ABSENT: Councilmen: None Public Hearing The_Mayor announced that this. was the time and place set Specific Plan for the public hearing on the adoption of a specific plan Proposed Palace for a proposed alley (known as Palace Avenue) 40 feet in Avenue width, located between 19th Street and Hamilton Street, and between Placentia Avenue and Wallace Avenue in the City of Costa Mesa. The affidavit of publication is on file in the Clerk's office. No communications were received. The preference of an alley over a street was discussed at the previous public hearing for the repeal of Ordinance 80. The Mayor closed the public hearing as there were no speakers. Based on the findings during the hearing on the repeal of Ordinance 80, the width of the proposed alley was changed from 40 feet to 30 feet in width, and on motion by Councilman Jordan, seconded by Councilman St. Clair, and Resolution 71-83 carried, Resolution 71-83, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A SPECIFIC PLAN FOR PROPOSED PALACE AVENUE, was adopted by the following roll call vote: AYES: Councilmen: Jordan, St. Clair, Wilson NOES: Councilmen: Pinkley, Hammett ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place set Specific Plan for the'public.hearing on the adoption of a specific plan Sterling Avenue for a proposed alley (known as Sterling Avenue) 30 feet in width located between 19th Street and Hamilton Street and between Wallace and Pomona Avenues, in the City of Costa Mesa. The affidavit of publication is on file in the Clerk's office. No communications were received. There were no speakers and the Mayor closed the public hearing. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the proposed adoption of the.specific plan for the proposed alley (known as Sterling Avenue) located between 19th Street and Hamilton Street and between Wallace and Denied Pomona Avenues, in the City of Costa Mesa, was denied. Ann S. Hickle The Clerk presented a request from Ann S. Hickle, 115 Santa Taxicab Driver's Isabel, Costa Mesa, to grant taxicab driver's permit. The Permit applicant was present and addressed the Council. The Police Department Report stated that she had falsified her application and they recommended denial by Council. Miss Hickle stated that she was -nervous when she made out the application and she became confused. The City Attorney advised her that the Municipal Code required that a taxicab driver have a Chauffeur's License. Councilman St. Clair stated that Miss Hickle should be allowed to operate in the City as she had paid her debt to society. The City Attorney advised Miss Hickle that in the event she was not allowed a permit to drive in the City of Costa Mesa, she would have the prerogative of applying to the City Clerk for permission to be reheard at the next meeting, if she so desired. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the request for a taxicab driver's permit in the Denied City of Costa Mesa, was denied, Councilman St. Clair voting No. Larry Shay The Clerk presented a letter from Larry Shay, 2201 Channel Assessment Road, Balboa, regarding Special Assessment for weeds on his vacant lot at 348 East Rochester Street. The Assistant City Manager reported that an error of $146.90 had been made in the charge as this was the amount charged for work done on a lot near Mr. Shay's property. Mr. Shay was present and addressed the Council, explaining that he had received an estimate from a private contractor for less money to clear the lot. He was advised of the breakdown for the charges as there was a great deal of debris on the lot. After discussion, Larry Shay on motion by Councilman Hammett, seconded by Councilman Assessment Jordan, and carried, the matter was tabled until the City Continued Manager returns with a full report to Council. Water The Clerk presented an Agreement between the Santa Ana Agreement Heights Water Company and the City of Costa Mesa regarding water service in connection with the widening of Del Mar Avenue. The City Attorney stated that he did not see the reason for an agreement, as the property had not been condemned, it had only been sold and was at the present time, rented. Mrs. Eleanor Fuller, 2021 Bayview, Acting Secretary of the Water District was present and stated that the water could be supplied only by agreement once the property was condemned. The City Attorney requested that the matter be held over for two weeks, to the meeting of December 6, 1971, in order to allow him to contact the attorney for the Santa Ana Heights Water Company, as he felt there was a misunderstanding by the water company because the property had not been condemned. On motion by Councilman Hammett, seconded by Councilman Jordan, the agreement was held over to the meeting of December 6, 1971. Zone Exception The Clerk presented from the meeting of November 1, 1971, Permit ZE-71-63 Zone Exception Permit ZE-71-63, Philip A. Spiller, Spiller 1649 Westcliff Drive, Newport Beach, for permission to construct a 40 -unit apartment complex on 80,250 square feet of land area (one unit per 2,013 square feet) in an R2 zone with an encroachment of 18 feet into the required 25 foot rear yard setback and to allow a zero (0) foot rear yard setback for a garage attached to an apartment unit, on property located at 2675 Elden Avenue. The Planning Commission recommended denial. Mr. Spiller was present. Mrs. Thompson, 2687 Elden Avenue, addressed the Council objecting to the project. Also objecting were: Mrs. Helen Rollem, representing the property owner at 2657 Elden Avenue, and Fred Sanders, 2025 Meyer Place, Barbara Hopfeld, corner of Mesa Drive and Elden Avenue. Councilman Pinkley stated he was against the project because he was against overbuilding to that extent in any area. The Clerk stated that two letters in favor of the project had been received. After discussion, on motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the application was. approved subject to the conditions, Councilman Pinkley voting No. Zone Exception The Clerk presented from the meeting of November 1, 1971, Permit ZE-71-96 Zone Exception Permit ZE-71-96, Mary J. Tyrrell, 117 East Tyrrell 18th Street, Costa Mesa, for permission for reduction in parking (60 spaces required, 7 spaces available) to allow a billiard parlor in a C2 zone, on property located at that address. The Planning Commission recommended approval subject to conditions. Mr. Tom Munteen, manager of the billiard parlor, was present and represented the owner. He presented a letter from Vera R. Hughes, agreeing to rent out the adjoining lot to the applicant for parking purposes, and also giving them permission to use her allotted car spaces to the rear of the building on 18th Street. The applicant was informed that the lease on the parking should be contiguous to the lease on the business, and on motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the application was approved, subject to the conditions, and also to the parking to be to the satisfaction of the Planning Department and City Attorney, and the conditions are to be signed by the applicant, the owner of the property which the applicant is renting for the business, and the owner of the adjoining lot. 1 1 1 Zone Exception The Clerk presented Zone Exception Permit ZE-71-86, Gilda Permit ZE-71-86 Mae Sanderson, 635 Plumer,Street, Costa Mesa, for permission Sanderson to install and operate a small beauty shop in a portion of a three -car garage as a home occupation, in an R2 zone, at that address. The applicant was present and agreed to the conditions. The Clerk reported that one letter in favor and one letter opposing the permit had been received. A motion by Councilman Jordan, seconded by Councilman St. Clair, to approve the application subject to conditions, was defeated, Councilmen Wilson, Pinkley, and Hammett voting No. Councilman Pinkley requested Staff to study that area for possible rezone. Zone Exception The Clerk presented Zone Exception Permit ZE-97-69-A, Permit ZE-97-69-A E. T. Legg and Company, 106, East Wilson Avenue, Glendale, E.T. Legg and for permission to continue to have an outdoor advertising Company display (Billboard) size 14 feet by 48 feet double face in.a C2 zone, on property located at 1570-1586 Newport Boulevard. The Planning Commission recommended approval subject to the conditions contained in the staff report with Condition 3 added, "that the bond covering the removal of the sign be,increased from $200.00 to $400.00, or a passbook or savings and loan certificate may be furnished." On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved subject to the conditions with the addition of Condition 3, for a period of three years, Councilman Pinkley voting No. Zone Exception The Clerk presented Zone Exception Permit ZE-71-82, Olindo Permit ZE-71-82 Verrico, 1330 Sao Paulo Avenue, Placentia, for permission Verrico to construct a 20 unit apartment complex to meet the "CP" standards with a density deviation of one unit per 1462.5 square feet instead of the permitted 1500 square feet per unit and a 10 foot encroachment into the required front yard setback of 60 feet measured from the centerline of the street, on property located at 1830-1838 Placentia Avenue, in an R4 -CP zone. The Planning Commission recommended approval subject to conditions. Mr. John Waters, the architect for the project, was present and requested that Condition 16 be changed to allow a wall 42 inches high instead of 6 -feet, and that they be allowed to use slump stone instead of mission stucco. The Clerk reported that one letter of objection had been received. After discuss"ion, on motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved, with the wall to be allowed in slump stone instead of mission stucco, and said wall to be 42 inches high instead of six feet, and subject to all the other conditions. 'Zone Exception The Clerk presented Zone Exception ZE-71-92 Corrected, Permit ZE-71-92 Virginia J. Faubus, 970 Junipero Drive, Costa Mesa, for Corrected permission to construct two single family residences on Faubus 8,510.04 square feet of land area (one unit per 4255.02 square feet) and to encroach ten feet into the required 25 foot rear yard setback, in an R1 zone, on property located at 368 East 18th Street. The Planning Commission recommended denial. On motion by Councilman Wilson, seconded by Councilman Hammett, and carried, the application was denied. Zone Exception The Clerk presented Zone Exception Permit ZE-71-97, Orange Permit ZE-71-97 Coast Advertising, 1640-K East Edinger, Santa Ana, for Orange Coast permission to paint new copy faces on an existing double faced Advertising sign advertising the first sale of new homes in Tract 6663 (located'on the south side of Adams, west of Harbor, for the Buccola Company) and Tract Nos. 6638 and 6639 (located between Sunflower and the San Diego Freeway and between Fairview and Bear Streets, for Heltzer Enterprises). Sign located at 3101 Harbor Boulevard, in a Cl zone. The Planning Commission recommended approval subject to all the conditions contained Zone Exception in the staff report. On motion by Councilman Pinkley, Permit ZE-71-97 seconded by Councilman St. Clair, and carried, the permit Continued was approved, subject to the conditions. Zone Exception The Clerk presented Zone Exception Permit ZE-71-98, David G. Permit ZE-71-98 Miller, 1112 Berkshire Lane, Newport Beach, for permission Miller to construct a residence on each of two proposed lots which will be substandard in area (5,805 square feet in each lot), in an R1 zone, on property located at 2007 Irvine Avenue. The Planning Commission recommended approval subject to the conditions contained in the staff report with Condition No. 5 amended to read "that a six foot high opaque wall be constructed between the two houses for the length shown on the plot plan." The Clerk reported that one letter in opposition to the permit had been received. The applicant was present and addressed the Council. On motion by. Councilman Pinkley, seconded by Councilman St. Clair, and carried, the permit was approved subject to the conditions with the amended Condition No. 5. Zone Exception The Clerk presented Zone Exception Permit ZE-71=99, Joseph Permit ZE-71-99 Waldrup, 631 Victoria Street, for permission to remodel Waldrup existing building to increase capacity of the present guest home from six to nine persons and to allow installation of a three foot by five foot identification sign in a planter on property located at 631 Victoria Street, in an R2 zone. The Planning Commission recommended approval for the nine guests and the request for the sign was recommended for denial subject to the conditions contained in the staff report. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved subject to the conditions for nine guests, and the sign was denied. Oral Mr. Vic Yantorn, 767 Allegheny, spoke regarding a sidewalk Communications that was cracked due to a root of a tree expanding the sidewalk. The Council directed that someone from the staff of the City investigate the matter immediately, under the direction of the Public Engineering Services Director, and correct the matter. United Fund Councilman Jordan commended the staff and members of the City group on their efforts for United Fund. LAFCO Mayor Wilson spoke briefly regarding a communication received from the Mayor of Fountain Valley regarding payment by the City of Costa Mesa toward the Local Agency Formation Commission problem. He stated that at no time did he commit the City to pay anything other than the original amount suggested by Council on LAFCO's original case. Councilman Hammett stated that the matter should be evaluated. Councilman St. Clair stated that the matter should be referred to staff for investigation. On motion by Councilman Jordan, seconded by Councilman Hammett and carried, the matter was referred to the staff for investigation and report back to Council. Adjournment The meeting was adjourned by the Mayor to an executive session.at 11:58 p.m. Executive Session The Resolution regarding salaries for department heads Salaries For was introduced and on motion by Councilman Jordan, seconded Executive by Councilman Pinkley, Resolution 71-84, being A Personnel RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING RATES OF PAY FOR EXECUTIVE PERSONNEL, was adopted by the following roll call vote: 1 1 1 1 1 1 Executive Session Salaries'For AYES: Councilmen: Wilson, Jordan, Pinkley, Executive St. Clair, Hammett Personnel NOES: Councilmen: None Continued ABSENT: Councilmen: None Adjournment The Executive Session adjourned at 12:28 a.m. i . ayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa esa