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Home My WebLink About08/21/1972 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 21, 1972 The City Council of the City of Costa Mesa, California, met in . -regular session- at 6:40 p.m., August 21, 1972, 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 Invoca- tion -by Councilman Wilson. Roll Call: Councilmen Present: ''Hammett, Jordan, -Wilson, Raciti, Pinkley CouncilmenAbsent: None Officials Present: Assistant City Manager, City Attorney, Director of Engi- neering Services/City Engineer, Division Chief of Planning, City Clerk Minutes The Mayor declared the Minutes of the meeting of August August 7, 1972 7, 1972, -approved as distributed and posted, as there were no corrections. Amendment to On motion by Councilman Pinkley, seconded by Council - Bidding Process man Jordan.- Ordinance 72-30, being AN ORDINANCE OF Ordinance 72-30 THE'CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING CERTAIN SECTIONS,OF. CHAPTER II, ARTICLE 6, RELATING TO PURCHASING, AND INCREASING THE AMOUNTS EXEMPT FROM THE BIDDING -PROCESS, was adopted by the follow- ing roll call vote:, AYES: Councilmen: Hammett, Jordan, Wilson Raciti, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Iowa Street on. motion by Councilman Wilson, seconded by Council Ordinance 72-31 man Jordan, Ordinance 72-31, being AN ORDINANCE OF THE CITY COUNCIL OF THE -CITY OF COSTA MESA, AMENDING SECTION 3416.0 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO INCREASE SPEED LIMIT ON IOWA STREET BETWEEN MICHIGAN AVENUE AND GISLER AVENUE, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Wilson, Raciti, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None R-72-17 On motion by Councilman Jordan, seconded by Councilman Malcomson Wilson, Ordinance 72-32, being AN ORDINANCE OF THE Ordinance 72-32 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOT 31, NEWPORT HEIGHTS- FROM M.1 TO'C2-CP, in connection with R-72-17, Dorith Malcomson, property located at 1640 Superior Dorothy p Avenue and 125 Commieicial Way, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Wilson, Pinkley NOES: ..Councilmen:_ Raciti ABSENT: Councilmen:, None Appointment.of On-motion.by Councilman Wilson, seconded by Council - Traffic Commission man Jordan, and carried, the appointment of Traffic Member's r Commission Members was held over until the meeting Held Over of September 5, 1972. Century 21 Real The Clerk presented a request to appeal the Estate Sign Planning Commission's decision on a sign for Held Over Century 21 Real Estate, which was set for hearing at the,meeting of August 7, 1972. Mr. A. F. Mitchell was.in agreement to a continuance_of.the call vote: hearing. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the hearing was. continued' until the meeting of Raciti, Pinkley September 5,, 1972, aria Planning Staff requested to study and report. Request to Appeal At -this time the Mayor pulled Item 1, New Business, Ginny Morrison a request to appeal Planning Commission's deci- Realtors sion for a sign. at Ginny Morrison Realtors, 1505A Tabled Mesa Verde Drive East, from the agenda. The visors requesting,re-evaluation of State Water applicant's "representative, Mr. A. F. Mitchell, Water Resources Western Neon, Incorporated, 688 Baker Street, had requested this item be tabled until Mrs. Morrison the Council will go on record as supporting the will -be able to attend the meeting. On motion Standards by.;Councilman Wilson, seconded by Councilman Jordan, and carried, this request was approved. CONSENT CALENDAR ITEMS: The following items were removed from the Consent Calendar for discussion: Item 2, Notice of Filing Application and Notice of Prehearing Conference for rate increase; Item 3, Letter., Resolution and Air Pollution Report,from Riverside requesting adoption of similar resolu- tion; Item 4, Letter from W. Ethel Campbell,'495 Cabrillo Street, regarding difficulty in receiving mail delivery; .Item 18, Claim for Patricia Duvall; Item 19,:Claim'for Cecil.E. Ramphal; Item 20, Claim for Eugene R. and Megan R. Spencer; Item 21, Claim for Hayward P. LeCrone on behalf of Edna -R. Calta. On motion by Councilman Wilson, seconded by Council- man Jordan, the following Consent Calendar Items were approved in one"motion by the following roll. call vote: AYES': Councilmen,: Hammett, Jordan, Wilson Raciti, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Request for New A resolution from the Orange County Board of Super - Hearing of State visors requesting,re-evaluation of State Water Water Resources Resources Control Board Standards was received and Control Board the Council will go on record as supporting the Standards County'.s request for a new hearing. Harbor Area An.agreement between the Harbor Area Baseball',,In- Baseball corporated, a California Corporation, and the City Agreement of Costa.Mesa to.con.duct a summer baseball program for the use of the City of Costa.Mesa was approved and the Mayor,authorized to sign on behalf of.the City. Alcoholic Beverage An application for person-to-person, premises -to - Licenses premises transfer, and exchange Caterers Permit Funny Farm from 48 to 47 for an on -sale general license from Funny Farm, --Incorporated, 12565 Harbor Boulevard, Garden Grove, to George Emile Sterckz, Blue Ox Restaurant, 3010 -Harbor Boulevard, 'for -which parking was -app roved,by.Planning, was received and processed.._ Business License An application for a business license from H. B. Applications Ste.gman,.Global.Amusement and Vending Company, Global Amusement Incorporated, Red's Saloon, 2014 Placentia Avenue, and Vending for five amusement games, three pin balls and two pool.tables,.for which Police and' 'IFire Departments recommended approval, .was approved. Interim Open A public hearing was. set to determine if the Interim Space Element Open Space Element for„the City of Costa Mesa should Hearing Set be adopted, to be held at 6:30 p.m., September 5, .9,72,,in_the,Council.Chambers, 77 Fair Drive, Costa Mesa.- . , ,.. -.,. . . Refunds A request from Mr.. William Henry Jones, 2512 Cliff Jones Drive, Newport Beach, California, for refund of deposit--on:..Street Department Permit.8562, for curb painting in,the.City.of.Costa Mesa, as the project has:b.een.completed,, was„approved in the amount_of .$100.00, as recommended. -by the Street Superintendent, by,the following roll call vote: AYES: Councilmen: Hammett, Jordan, Wilson, Raciti, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Right of .Way The following right,of way deeds were accepted and Deeds ordered placed on record with the Orange County Recorder,,by.the following roll call vote: :,AYES - Councilmen: Hammett, Jordan, Wilson, Raciti, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 8-10-72 Gordon R. and Leone E._ Santa Ana Avenue -.Stansell 7-18772 Property Acquisition Pomona Avenue Company and, Orsolina Rossi 8-2-72 Clarence L. and Rita Fairview Road D. Boardman 6-15772-Humble.Oil.and Refining Fairview Road Company. . 7-28-72 Clifford,A., Forkert, Newport Boule- Fred L — Rick, and - vard and - Frank E. Cowley, Jr. Virginia Place 6-5-72 State Mutual Life 19th Street Assurance.Co. 7-3-72 Glen E., Elizabeth V., Placentia Avenue Daniel..L.,.and_.Merle H. -Miller 8-7-72. Paul and Barbara A. Doctors -Circle Belous Notice of Filing- Item 2, a Notice of Filing Application and Notice of Application and Prehearing Conference on August 25, 1972, for rate Notice of increase before -the Public Utilities Commission by Prehearing Southern -California Edison Company,.was presented. Conference- During discussion the. -Council said that because the proposed rate increase will cost the City of Costa Mesa more isnot. a:good.reason to oppose it. It.was suggested.that:.in.the future when applications come in on rate increases, the Staff investigate to deter- mine.if-need for increase is present.. On motion by Councilman Jordan, seconded by Councilman Wilson, the Notice of,.Filing Application and Notice of Prehearing Conference -on August.25, 1972, was received and pro- cessed by the following roll call vote: Claims The following claims received by the Clerk were referred to the CityAttorney: Patricia Duvall, Cecil E. Ramphal, Eugene R. Spencer and Megan R. Spencer, Hayward P. LeCrone on behalf of Edna R. Calta. Warrant AYES: Councilmen: Hammett, Wilson, Jordan, Resolution 738 aciti, Pinkley- '_ Raciti.-Pinkley— NOES NOES: Councilmen' None ABSENT: Councilmen: None Letter, Resolution Item 3, a letter, resolution and air pollution.report and Air Pollution from -Riverside requesting adoption of similar resolu- Report from tion, which requests Governor Reagan to declare State Riverside of Emergency, was presented. On motion by Council- Erwin Davis man Wilson,'seconded by'Councilman Jordan, and' Car Leasing carried, the letter, resolution and air pollution Withdrawn' report from Riverside requesting adoption of similar resolution, which requests Governor Reagan to declare State of Emergency, was held over and referred to Staff. Mail Delivery Item 4,,a letter from,W. Ethel Campbell, 495 Campbell Cabrillo Street; regarding difficulty in receiving Resolution 72-78- mail delivery,'was"presented. On motion by Coun- cilman Wilson,.seconded by Councilman Jordan, Resolution'72-78, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REQUESTING NATIONAL REPRESENTATIVES OF THIS CITY TO URGE UPON THE POSTMASTER GENERAL A FEASIBILITY STUDY DESIGNED TO INCREASE MAIL SERVICE ON A DOOR-TO- DOOR BASIS IN. THE CITY OF COSTA MESA AND TO ASCERTAINITHE`ADDITIONAL COST TO THE TAXPAYERS ON SUCH SERVICE, IF'.'ANY', was adopted by the"fol- lowing, roll call .vote: AYES: Councilmen: Hammett, Jordan, Wilson, Raciti, Pinkley `NOES: Councilmen: None ABSENT: -Councilmen: None Claims The following claims received by the Clerk were referred to the CityAttorney: Patricia Duvall, Cecil E. Ramphal, Eugene R. Spencer and Megan R. Spencer, Hayward P. LeCrone on behalf of Edna R. Calta. Warrant On motion by Councilman Wilson, seconded by Coun- Resolution 738 cilman Pinkley,Warrant Resolution 738, including Payroll 7216'was approved by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Wilson, Raciti, Pinkley NOES: Councilmen: None ABSENT: Councilmen:. None Erwin Davis The Assistant'City Manager presented a request for Car Leasing a lease between the City of Costa Mesa and Erwin Withdrawn' Davis, Incorporated, for car leasing business, at 135 East 17th Street. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the item was "withdrawn. Through Streets The Assistant City -'Manager presented a proposed Ordinance 72-33 Or inance�`updating through streets within the City First Reading of Costa Mesa. bn motion by Councilman Wilson, seconded''by Councilman'Raciti, Ordinance 72-33, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING SECTION 3416.4; UPDATING SAID ORDINANCE TO MORE ACCURATELY REFLECT ALL THROUGH'STREETS WITHIN THE CITY OF COSTA MESA; ADDING SECTION,3416.53.MAKING PROVISION FOR CHANGES IN'THROUGH STREET DESIGNATIONS FROM TIME TO TIME AND MAKING OTHER NON -SUBSTANTIVE CHANGES IN SAID SECTION, was given first reading, by the following roll call vote: 1 1 i AYES: Councilmen: Hammett, Jordan, Wilson, " - Raciti, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Marina Study The Assistant Cita-Manager requested authorization from Council,to pay'$3,000.00 to the City of New- port Beach for the City of Costa -Mesa's, -share- . in a study of the Marina with the City of Newport Beach paying $4;000.00 -and the private property interest paying $51,000:00. On'motion by Councilman Wilson, seconded by Councilman Jordan, the request for the City. of Costa Mesa to -pay $3,000.00 to,the City of Newport Beach for its share of the Marina study was approved, bylthe following roll call vote: AYES: Councilmen: Hammett; Jordan, Wilson, Raciti, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Space Utilization The Assistant City Manager requested that the'report - City Hall and concerning space utilization - City Hall'And,Police Police Facility facility be held over until the meeting of September Held Over 5, 1972. On motion by`Councilman Pinkley, seconded by'Councilman'Wilson, and carried, this request was approved.' Bicycle Trails The Assistant City Manager recommended that the Master Plan Bicycle:Trails Master'P1an be referred to Planning Commission for.;hearing. On motion by Councilman Jordan,"secoiided`by.'Councilman Wilson, and carried, the recommendation was approved. Petition The Assistant City Manager presented a petition 100 Block of signed by.44 citizens who live on or near the 100 Magnolia Street block of Magnolia. -Street. Mrs. Hazel Carpenter, 122 Magnolia Street, acting as representative for those interested citizens, was present, and -stated that the problem was caused largely by out-of=state trucks'being repaired, -.having oil and'tire changes and..running e'ngines::at.all hours. This creates excessive..noise,•,fumes from the engines and causes damage to'the.pavement plus being unsightly. On motion by Councilman -Wilson, seconded by Council- man P.irikley, and carried, Staff was directed to submit -a report to City Attorney to supplement his recommendation to Council. Sun Bear The.Assistant•.City.Manager presented a request from Mr.`Lutge;:-2389 :Tustin.: Avenue, Newport Beach, that this item be delayed since he would not be able to attend this meeting. Mr... Lutge has not been -able to find.& suitable location fo"r the Sun Bear as of this date. On motion by Councilman Wilson,. seconded:by Councilman Jordan, and carried, Mr. Lutge was granted -:a 30.'day extension in which to find accommodations_for the Sun Bear. If the Sun Bear...is not,.moved-within .the 30 -day extension period, M -r..; Lutge will have. -to show cause why he should not be ' cited. for violation:. _ Revenue from The:Assistant:City•Manager presented -a --'proposed Property Tax resolution --fixing •=the amount of revenue necessary Resolution 72-79 to. support 'departments for fiscal year. On motion by'Councilman Jordan, seconded by Councilman Wilson, Resolution 72=79o, being -A RESOLUTION OF THE CITY COUNCIL OF -,THE -;CITY -.OF COSTA MESA, CALIFORNIA, FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO`SUPPORT-ITS DEPARTMENTS FOR THE CURRENT FISCAL YEAR OF 1972-73, was adopted by the follow- ing -roll call vote: AYES: Councilmen: Hammett, Jordan, Wilson, Raciti, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Tax Rate for The Assistant City Manager presented a proposed Municipal resolutionfixing tax rate for municipal purposes. Purposes On motion by Councilman -Jordan, seconded by Resolution 72-80 Councilman Wilson;. -Resolution 72-80, being A RESOLUTION -OF -.THE CITY COUNCIL OF THE CITY OF COSTA MESA; CALIFORNIA, FIXING THE 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: Hammett, Jordan, Wilson, Raciti, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Tax Rate for The Assistant City Manager presented a proposed Park:and resolution fixing tax rate for P,ark:and-Recrea- .Recreation tion District., On motion by Councilman Pinkley, District seconded by Councilman Jordan, Resolution 72781; Resolution 72-81 being.A-RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF COSTA MESA., CALIFORNIA, ACTING AS SUPER- VISING AUTHORITY.OF THE COSTA MESA PARK AND RECREATION DISTRICT, FIXING THE TAX RATE PER CENTUM, LEVYING TAX RATE UPON ALL THE TAXABLE PROPERTY WITHIN THE COSTA MESA PARK AND'RECREA= TION'DISTRICT; WHICH IS TAXABLE, FOR THE OPERA- TIONAL RUNNING EXPENSES OF THE DISTRICT, was adopted by'the following'roll call vote: AYES: Councilmen: Hammett, Jordan, Wilson, Raciti, Pinkley-- NOES: Councilmen: None ABSENT:,, -Councilmen: None - Mr. Walt Boice Mr.-Walt-Boice,`2945,-Catalpa, Newport Beach, Erwin -Davis addressed the Council regarding the lease between Car Leasing the City of�Costa Mesa and Erwin Davis, Incorporated, for,car leasing business, at 135 East 17th Street, which was withdrawn -from the agenda earlier in the meeting: �Mrr Boice suggested that, since parking in that -area is at a -premium, the Council consider allowing the property to be paved for a parking lot at City expense-. City Attorney stated that it is -City policy, in the leasing of City property, to put the burden of improvement upon the tenant. Mr. Boice's =information was received and filed and --the item referred to Staff., Mardan School The Assistant City Manager presented a request for a`temporary trailer at Mardan School, 695 West 19th Street. On•motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the request for a temporary trailer at Mardan School, 695 West 19th Street, was approved, subject to conditions submitted by the Director of Planning, with Condition No. 1 changed to read ''Time. Limit for the period "of one year." Corsica Park The Assistant City -Manager requested the authori- Advertise for. zation to advertise -for bids for the Improvement Bids of Corsica Park be held over. On motion.by Council - Held Over. man.Wilson;.seconded by Councilman Jordan, and carried, the 'advertisement for bids for the Improve- ment of Corsica Park was held over. 111 037 Tennis Courts at The Assistant City Manager presented specifications TeWinkle Park. and proposal for Surface Refinishing of Tennis Bids Authorized Courts_ at TeWinkle Park. On motion by Councilman Wilson, seconded by Councilman Jordan, the specifi- cations and, proposal were approved and the. Clerk .was authorized to advertise for bids to be. opened at.11:.00,a.m.,.on Tuesday, September 12, 1972, in. the.Council Chambers,-77.Fair Drive,.by,the, following roll call,vote; AYES:.. Councilmen; Hammett, Jordan, Wilson, Raciti, Pinkley NOES: Councilmen: None ABSENT: Councilmen:' None Cedu Foundation The_Assistant City Manager presented a Notice of Held. Over _ Intention _to„Solicit .fot Charitable Purposes from .ir, Cedu Foundation which had been held over from the meeting of-August,7, 1972', for study by the City _ Manager,',s staff. Findings indicated that the Cedu Foundation'works with hard core drug users among the young„people and have been successful in their work with Probation Offices in Riverside, Orange and Los Angeles Counties and also in Beverly Hills. The Foundation has`been in operation for three to four years and has received a grant from the Irvine Foundation. _Councilman Jordan made. a motion, seconded by.Councilman Hammett, to approve :the Notice of Intention to -Solicit for Charitable Purposes from tedu Foundation with Section J retained in"the' approval. Section J was discussed, along with: the numb'e"r of 'solicitors already allowed in the ` City of Costa Mesa.. The "Council did not feel there was enough information available about this Founda- tion and requested.a two-week delay. On substitute motion;liy;Councilman Pinkley, seconded by Councilman Wilson," and carried, the Notice of Intention to Solicit for Charitable Purposes from Cedu Foundation was held -over until the meeting of September 5, 1972. Councilman Pinkley requested that during this period of;'time, the City.Attorney and Police Department contact San Bernardino Daily Sun and Telegram for information and the Council also requested.the City Attorney , t o,pr. . ovi de any further information avail- able 'on Section J at 'tfie "meeting. 10-4 Plan The'Assistant City Manager presented a report on the Resolution 72-82 ]:0=4' Plan.. This plan s intended to amend the verbiage Amends Personnel of the rules and regulations to allow more flexibility Rule's and in various depa'rtment'_s work schedules. The Police Regulations Department Patrol Division is presently using the 10-4 Plan .and -it appears to, 'be working satisfactorily. On motion by'Coun:ci'lman.Jordan, seconded by Councilman Raciti,' Re"solutibn 72=82-." being A RESOLUTION OF THE CITY' COUNCIL`OF'THE CITY.'OF COSTA MESA, CALIFORNIA, AMENDING RULE '12, 'SECTION 2-B, OF THE PERSONNEL RULES ANV REGULATIONS OF THE CITY OF COSTA MESA PERTAINING TO VACATIONS', was -'a'dopte'd by the following roll call vote: . AYES:_'Councilmen: Hammett, Jordan, Wilson, Raciti, Pinkley NOES: Councilmen-*: ' None ABSENT':- Councilmen:None Anima] Control The 'Assistant City Manager requested authorization to negotiate with the'Coun'ty of Orange to extend the present.contra'ct and increase the level of service. Several alternatives were discussed. The contract with the County 'will' e xpire in December. On motion by Councilman Wilson, seconded by Councilman Raciti, and Newport Freeway Bay Street -` southerly -, Resolution 72-83 carried, authorization to enter into negotiations to'eXtend-the'contiact with the County'of Orange and increase the "level `of service to Costa Mesa residents- 'was'`approved`. The' 'AssistAde City`"Manager presented a request tY at 'the Cour" Cil 'adopt `a resolution urging the State -Division of Highways to proceed as soon as possible with the design and construction of that portion of the Newport 'Freeway from Bay Street southerly to its terminus. On motion by Council- �man Pinkley, Seconded by Councilman Wilson, Resoluti6ri`72-83,' being A RESOLUTION OF THE CITY COUNCII; -'OF 'THE "CITY 'OF COSTA MESA URGING THAT THE STATEDIVISION OF HIGHWAYS PROCEED AS SOON.AS POSSIBLE -WITH' THE' DE SIGN AND CONSTRUCTION,OF THAT PORTION- OF `THE NEWPORT -FREEWAY FROM BAY STREET SOUTHERLY TO'ITS TERMINUS, with the stipulation that the Mayor present the Resolution to the State commission at' °their -meeting in Sacramento, was adopted by�the follotarig roll call vote: AYES:." Councilmen:-' Hammett, Jordan, Wilson, " Raciti, Pinkley NOES: "Councilmen: None ABSENT:`'Councilmefit None Fire Classi- The -Ass ista'nt City Manager presented salary in- fications creases for'fire_classifications and recommended Salary Increase " that the Council. adopt; Resolution 72-84. On motion Resolution 72-84' by Councilman,` -Jordan;` seconded by Councilman Pinkley, Res61-ut1on-72=84.,_being A RESOLUTION OF THE CITY COUNCIL'OF'THE CITY. -OF COSTA MESA ESTABLISHING RATES OF PAY FOR FIRE -DEPARTMENT PERSONNEL, was adopted. by the.'following roll call vote: AYES:- Councilmen; Hammett, Jordan, Wilson, . Raciti, Pinkley NOES: 'Councilmen.:- None ABSENT: Councilmen: None R=7248 The City;Clerk announced that this was the time and Gerwick place set for -the public.hearing on Rezone Petition R=72708., -;Fred H._.Gerwickl 300 East Coast Highway, Newport 'Beach, 'for,_peririission to rezone property located at;135.'Flower Street, from C1 to R47CP, con- - tin.ued from'the meeting of August 7, 1972. The affidavit -of publication is on file in the Clerk's office. There weie,no communications. The,,appli- cant's representative,', Mr. Roy M.. Watkins,'1981 Maple.' -Avenue, was.present.' Mayor Hammett explained that `this. item tad been `Beard earlier by .the i Redevelopment Agency and was referred to the Council with the recommendation; that a zone exception be filed .on -which -conditions could be placed requiring the buildings be.movable at the owner's expense thus sparing the cost of high severance costs to the taxpayers.,.',If zone -.exception and rezone petition have -already been filed, the applicant may be able to recover.the rezone fee., City Attorney reported that he had received information from Sacramento prohibit- ing'the use of property. outside the present zoning and -if the use were to be changed so should the zoning: A motion was made by Mayor Hammett, seconded by`Couricilman Wilson for recommendation to the Planning Commission of,approval of zone exception, subject to, conditions of ;the Planning Commission and subject to recommendation of the Redevelopment Agency, that applicant,guarantee movability,of -buildings. During discussion.Councilman Jordan felt a rezone 1 Resolution Continued PublicHearing R-71-12 Land Evolution Denied 1 Public .Hearing R-72-15 Dillon Withdrawn - i petition:should be..approved according to the dictates of -the State after which a zone exception,' could be applied. After a. short discussion the motion was•carried by the follow- ing roll. call vote;:, AYES: Councilmen.: Hammett, Jordan, Wilson, Raciti, Pinkley NOES: Councilmen: ..None -ABSENT: , . Councilmen: None Onmotion by Councilman.Wilson, seconded by Coun- cilman Pinkley,;City Attorney and City Clerk were authorized topreparea,resolution for the City of Costa Mesa;•for.presentation to State Departments in Sacramento..;expl.aining.•the effects of the present legislation on;, -local government, by the following roll, call, .vo;te : AYES:. -Councilmen,:,. Hammett, Jordan, Wilson, Raciti, Pinkley NOES.: Councilmen: None ABSENT: Councilmen;..None The Clerk announced that this was the time and place -set for the public hearing, continued from the meet- ing of August;7, 1972, for Rezone Petition R-71-12, Land Evol,uti-on,.Incorporated, 1971 Ritchey Street, Santa-Ana,.for permission to rezone property -on the northeast side of Palisades, approximately 600 feet west, of. -Red Hill.Avenue.from Ml to R4 -CP. The affidavit '-of ..publication is on file in the, Clerk's office.. No communications have been received. Mr. Jerry Barto.,.President of Land Evolution, Incorpor- ated,, was !present;. Mr.. Barto presented a .report from ..the-Airport�Conmission of Orange County recommending approval .to rezone, discussed parking and traffic impact,.;and,displayed illustrations. There being•no speakers, the Mayor closed the public hearing._ Motion was made by Councilman Jordan, seconded by Councilman Pinkley to approve'<Rezone Petition .R=71-12. .Councilman Pinkley stated the airport;noise--was not a.,factor because of the suc- cessful,operation of. -nearby apartments, but felt Costa Mesa. -had too many high density developments of this type. Councilman Raciti felt the noise factor should -.also be considered. The motion for: approval failed to carry,by„the following roll call vote: AYES: Councilmen: Jordan -..NOES:. Councilmen: Hammett, Wilson, Pinkley, Raciti ABSENT: Councilmen: None The Clerk announced that this was the time and place s,et for. -the public- .hearing, held over from the meeting of, August. 7, 19,72;- for.. Rezone Petition .R-72-15, ,Harold.,:S.. Di.11on, Los -Angeles, for permission to rezone pr.operty.located-at•-200;East 16th Street, from R2 to C17CP., -The, affi:davit,.,of publication is on file in the.Clerk'.s.,of.fice._..,The Clerk has received com- munication from the applicant requesting withdrawal. On.motion by Councilman.Pinkley, seconded by Councilman Wilson,.. .Rezone Petition R-72-15 was withdrawn,.by,the:following roll call vote: AYES ..Councilmen:: Hammett, Jordan, Wilson, Raciti, Pinkley .NOES: --Councilmen:. None :...,ABSENT:, :. Counci-lmen : - None 4,� Public Hearing The Clerk announced that this was the time and Ordinance-209 place set for the public. hearing for the request Repeal to'repeal Ordinance-No':'209 which established a Held Over setback of 50 feet`-from "the rear property line - 6h,property described as Lots 49 through 68 of Tract No:'300, l=oeated'in the general area be- tween. Monte Vista'and Santa Isabel between Newport Boulevard and Elden Avenue.- The affidavit of : publlca ion is-on file in the Clerk's office. The Clerk' read communications in favor- of the. repeal received from nine persons: Mr. Oscar Ingram, Century 21'Real Estate, had been authorized in.writing .to-act as representative for the pro- perty owne'rs:` Mr'.' 'Ingrain stated that these easements should `be ab'andon:ed and"the property returned to the people,-because any 'improvements would be paid for by"'the, -pro'per'ty "owner "-and the easements are several years old-. There'b-eing`no speakers the Mayor - closed the piiblic'hearing. On-motion by Councilman Wilson,-seconded by Councilman Pinkley, the-public hearing for repeal of Ordinance No. 209 was held over until the meeting of September 5, 1972, and the Engineering and Planning Staffs requested-to submit a rep'or't; by the.1following roll call'-vote: AYES:` Council.iren:- Hammett, Jordan,'Wilson, Raciti, Pinkley. `NOES: Councilmen: None .ABSENT: 'Councilmen: None Public Hearing The'Clerk'announced that this was the time and place 1971 Uniform set'foi the public hearing on the proposed ordinance Fire Code and adopting 1971 Uniform Fire Code.and amendments_ Amendments thereto. The. affidavi=t'of publication is on file in Ordinance 72-34 the.Clerk's`office. No' communications were received. Th'e're' being-no speakers' the Mayor closed the public " hearing.- On motion by',Councilman Pinkley, seconded by Councilman Wilson; Ordinance 72-34, being AN ORDINANCE OF•THE`CITY'COUNCIL OF THE CITY OF COSTA MESA ADOPTING THE UNIFORM FIRE CODE FOUR 1971, MAKING 'CERTAIN AMENDMENTS THERETO, AND REPEALING PORTIONS OF CHAPTER III.- ARTICLE 1, FIRE PROTECTION AND PREVENTION,°was given first reading by the following -.roll call vote: AYES: Councilmen: Hammett, Jordan, Wilson, Raciti, Pinkley NOES:' Councilmen:' None ABSENT: ' 'Couricilmen: None Recess At this time the Mayor declared a five minute recess. Building Moving The'Division.Chief of Planning presented an applica- Permit No. 619 tion for Building Moving Permit No. 619, for Richard Goehring" Er`Goehring,' 1142'Polaris Drive, Newport Beach, for permission to move-an industrial storage building from 131 Commercial Way to 722 Ohms Way, in an M1 zone.---The Clerk read`a communication for-denial from Mr.' Richard L.'Keller; which contained seven signa- tures-of surrounding property.owners. The applicant, Richard E. Goehring.,1142 Polaris Drive, Newport Beach, was present and addressed the Council. The Council studied pictures of the building. Mr. Goehri.ng is'agreeable'to all conditions with the exception of'No. 7 aiid'assured the Council he intends to repaint the building and landscape the surrounding lawn. On motion by Councilman Pinkley, seconded by Councilman Raciti, and carried, the application was approved subject to conditions, with Condition 7 1 1 modified to read "A chain link fence and hedgerow shall be constructed along the easterly property line to adequately protect cars from slipping over the retaining wall there." ZE-72-42 The Division Chief of Planning presented Zone Scott Exception Permit ZE-72-42, a request from Denny Denied Leroy Scott, 550 Sturgeon Drive, for relief from condition regarding driveway approach on applica- tion approved May 15, 1972, for permission to continue the,operation.of a guest home for six elderly people at 613 Plumer Street in an R2 zone. Planning Director recommended denial. The applicant was not present. On motion by Council- man Jordan, -seconded by Councilman Wilson, and carried, the application was denied. ZE-72-73 The.Division Chief of Planning presented Zone Youth Problem Exception ZE-72-73, Youth Problem Center, Incor- Center porated, 132, 132A and 132B East 18th Street, for permission to continue operation of the Youth Problem Center, anon -profit charitable organiza- tion which provides counseling service for youth. Hours of operation from 4:00 p.m. to 9:30 p.m., Monday through'Friday (no Saturdays or Sundays) on property located at the above address, in a C1 zone'. Planning Commission recommended approval. Mr. Streeter G... King, applicant's representative, was present and agreed to all conditions. On mo'tion.by.Councilman Pinkley, seconded by Coun- cilman Jordan, and carried, the application was approved subject to conditions. Refund Mr. Streeter G.. King.addressed the Council to Youth Problem request reimbursement' -of -the Zone Exception fee in Center the.amount of $50..00_." The Youth Problem Center is a non-profit organization and had originally paid $50:00 .for.. the first application a year ago -and - have paid an additional $50.00 for the present application.. On,mo.tion by -Councilman Jordan, seconded.by..Councilman Raciti, the most recent application fee will be refunded in the amount of $50.00, by the following roll call vote: -AYES: Councilmen:. Hammett, Jordan, Wilson, Raciti, Pinkley NOES:. Councilmen:. None _ABSENT: Councilmen: None ZE-72-74 The.Division .Chief.of Planning presented Zone Heltzer Exception ZE=72-74, George J. Heltzer and Asso- ciates, 740 North LaBrea Avenue, Los Angeles, for permission.to.continue to maintain one 15 -foot by 6.0 -foot (900.square feet) on-site directional sign (3.00 square feet permitted by ordinance) adver- tising first sale -of home in Tract 6245, on property located...west-of Smalley Road, north of South Coast Drive,: in an..Rl.-zone.. The Planning Commission recommended-appro.val:subj.ect to conditions. The applicant was present and agreed to all conditions. On motion by Councilman Wilson, seconded by Coun- cilman.Pinkley, and.carried, the application was approved -,subject to conditions. ZE-72-75 The :Division,Chief.of Planning presented Zone Richards Exception..ZE.-.72-75,..Raysnond E. Richards, 2884 Elles- mere Avenue.,:,for permission to attach two bedrooms to_.existing.residence.with a rear yard setback of qll 1 1 1 three feet on property located at 2884 Ellesmere Avenue;: in an"R!`Zone. " Planning Commission recom- mended approval 'subject'to conditions. The applicant was present and'agreed to all conditions. On motion by Councilman Pinkley, seconded by Council- -man Raciti, and carried; the application was approved subject 'to conditions. ZE-72-76 Th6 Division Chief of Planning presented Zone - McCullough Exception ZE=72=76,'Jerry L. McCullough and/or and/or Downs Charles R: Downs, 2400'Elden Avenue, No. 12, for Denied permission'to allow a`reduction of 23 parking spaces (30 ie'quired-,'seven available) for the operation of a`'beer 'bar 'on property 'located at 625 West 19th Street, in a'C1'zone: Planning Commission recom- mended -denial. The applicants, Mr. Downs and Mr. McCullough, were present, represented by .their attorney, kei.th Dinsmooi, 815 East 17th Street. Two communications were received, one -in favor and one opposed, to -this' 'application. A property owner at'630`Plumer; Harold Fallowman, Reverend Charles James,'Church of the Nazarene, Mrs. Little, and"Mrs.��Cle'shman spoke in opposition. Mr. Dick Satterlee spoke in support of the application. The citizens opposed were concerned because of the noise, lack of p'�rking,litter, actions of patrons, and physical location to the Church which sponsors a school for young children. After a lengthy discussion; on motion by'Councilman Wilson, seconded by Councilman Raciti, and:carri.ed, the application was denied. ZE-72-77 The Division Chief of Planning presented Zone Ishihara Ek6eption ZE-72-77, Robert Ishihara, 1997 Orange AVenue','for permission'to'encroach 15 feet into the required 25-foot're'ar yard setback for the con- struction of'two residential units on property located at 184 East 20th Street, in an R2 zone. Planning Commission recommended approval subject to conditions. Applicant was present and agreed to conditions.' On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the application was approved subject to conditions. ZE-72-79 The Division Chief of Planning presented Zone Mesa Muffler Exception ZE-72-79, John Dodson doing business as Dodson Mesa Muffler, 2188 Harbor Boulevard, for permission Denied to operate a muffler shop with a 10 -foot by 16 -foot pit with a depth 'of '5.5 feet covered by roof only on property located at 2177 Harbor Boulevard, in a -C2 zone. Planning'Commission recommended approval subject to'conditions. The owner of the Trade Winds Trailer Village spoke in opposition with several tenants In'the audience. The Clerk received a letter and petition containing 62 signatures in opposition. 'Several citizens spoke in opposition. Roy L. Watkins, 1981 Maple Street, Costa Mesa, applicant's'representative, addressed the Council. Mr: Watkins explained that the Mesa Muffler would be compatible with' th esurrounding area, zoning is proper and the distance should not allow annoy- ance. The 'opposing citizens in attendance stated that the muffler shop would create noise and fumes. Mayor'Hammett.informed the opposing citizens that if the zone exceptiori''is denied, the applicant' can reques't'a building permit and build the shop without the restriction of 'conditions. After a lengthy dis- cussion, on motion by Councilman Jordan, seconded by Councilman Raciti, and carried, the application was denied; Councilman Pinkley voting No. 1 1 1 1 13 ZE-72-80 The Division Chief of Planning presented Zone Stonis Exception ZE-72-80, John A. Stonis, 333 East 17th Street, for permission to construct seven units on 19',800 square feet of land area (one unit per 2,828 square feet of land area) with a rear yard encroachment of three feet.four-inches into required 25 -foot rear yard setback -and to allow deviations from the "off-street parking standards for: (1) sprinkler facilities provided;. (2) one 24-inch"'box tree "(minimum"size) per 3,000 square feet of paved area; and (3) to"allow a.parking space -in the required front yard setback, on property located at 2637 Elden Avenue, in an' R2 zone. Planning Com- hission"recommended:" (1) approval of the rear yard encroachment and density deviation; (2) denial of the 'deviations '"from the -off-street parking develop- ment standards ,"subject."to conditions. Applicant has submitted,a revised plan which meets parking requirements. ,Applicant was present "and agreed to all conditions.. On motion by Councilman. ' Jordan., seconded'by Councilman Pinkley, and carried, the applicatibri-was approved,'subject to conditions and making acknowledgment of denial of the deviations from the off-street parking development standards. ZE-72-81The Division Chief of Planning presented Zone J and J Mufflers Exception.ZE-72-81, Michael Soskin doing business Soskin as J and J Mufflers, Incorporated, 509 South Denied LaBrea; Inglewood; for permission to operate a muffler shop With a recessed service work area for the installation of mufflers with said work area being secured with six-foot high expandable steel gates .on all sides." Also to allow a free standing 144 square foot pole slgn,with an overall height of 25 feet and painted facia sign with three-foot high letters on property located at 2007 Harbor Boulevard, in a C2 zone." Planning Commission recommended approval subject to coriditions. Applicant was.pre- sent"and.agreed to all conditions. Council questioned the size'of'the sign"and the open pits.' "Applicant addressed the'Council explaining the physical`arrange- meht of the sh6p. After a lengthy discussion, a motion by Councilman Jordan, seconded by Councilman Hammett, for approval of the application failed to carry; Wilson, Raciti and Pinkley voting No ZE-72-82 The Division Chief'of Planning presented Zone Specialty Exception ZE-72-82, Specialty Restaurants, 2977 Restaurants Redondo Avenue, Long Beach, for permission to con- struct and operate a restaurant in a CI -CP zone to meet the CP standards, on property located at 3180 Airway Avenue. Planning Commission recommended approval subject to conditions. Applicant was pre- sent and agreed to all conditions. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was approved, subject to conditions as recommended by the Planning Commission'. Oral Joe Donaldson, 2702 San Lucas Lane, addressed the Communications :Council with a'request for some method of informing Joe Donaldson .door-to-door solicitors that it is unlawful to dis- turb occupants of dwellings posted with signs prohibiting soliciting. Mayor Hammett informed him that with the large number of citizens constantly moving in:and"out'of`the area it would be very costly to do"on".an-,individual basis, but there may be some means of suggesting this to solicitors at the time they.apply for a license. Tom Manus Tom Manus, 2212.College.Avenue, also addressed the Council regarding. door-to-door solicitors. He did not feela-suggestion,on_the.licenses would help because very few. solicitors obtain one. He felt the City Council should -be concerned because it is becoming a very real problem, -especially to apartment dwellers. Cal Barck Cal..Barck,_,Orange Coast.Nursery, 380 West Wilson Orange Coast S,treet.,._addressed the Council requesting a change in Nursery the..C1 zoning_ -ordinance to include commercial sports Amendment to C1 facilities, such as batting ranges, archery ranges, Zoning Ordinance etcas. a -normal use. _They are light commerce and.he..fee.ls they belong.in a C1 zone. On motion by.Councilman Pinkley,_seconded by Councilman Jordan, and_carried.,_amendment_.to the C1 zoning ordinance to include commercial sports.facilities was approved to go.forward to the Planning Commission for hearing. Kim Attlesey On..motion..by Councilman,Pinkley, seconded by Coun- Resolution 72-85 cilman Raciti.,_Resolution„72-85, being A RESOLUTION OF;THE.CITY._COUNCIL,OF_THE_ CITY OF COSTA MESA, CALI- FORNIA,, EXTENDING,_ SPECIAL, COMMENDATION TO KIM ATTLESEY FOR OUTSTANDING PERFORMANCE IN ATTAINING MEMBERSHIP AND_QUALIFICATION FOR THE 1972 OLYMPIC WOMEN'S LONG JUMP, was adopted by the following ” roll call vote; AYES: Councilmen:., Hammett, Jordan, Wilson, Raciti, Pinkley NOES: Councilmen:. None ABSENT: Councilmen: None Mayor Hammett On motion by Councilman._Raciti, seconded by Councilman Absence Pinkley,.and.carried,.Mayor Hammett was granted per- mission.to be out of the country for approximately two weeks . Agreement Councilman- Jordan.presented an agreement drawn be - Double Deck. tween,Walter_Hagen-and the City of Costa Mesa which Driving Range at will protect the City's.;interest in the double deck Costa Mesa Golf driving_.range at the.Costa Mesa Golf and Country Club Course site in the event Mr..,Green should default. On motion.by Councilman Jordan, seconded by Councilman Wilson, -and -,carried, the,agreement was approved. Council Policy Mayor Hammett requested.Council to be prepared to relay ideas that may be added to policy procedure at. the_meeting..of September 5, 1972. Adjournment The Mayor declared the -meeting adjourned at 11:00 p.m. Ma f the City of Costa Mesa ATTEST: City Clerk of the City of. Co a Mesa Ll 1