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HomeMy WebLinkAbout11/06/1972 - City Council1 1 1 REGULAR MEETING'OF THE CITY COUNCIL CITY OF COSTA MESA November 6, 1972 The City Council of .the City of Costa Mesa, Cali- fornia, met in regular session at 6:30 p.m., November 6, 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 Invocation -by the Reverend V. L Hertuweck; Harbor Assembly of God Church. Roll Call Councilmen Present: Hammett, Jordan, -Pinkley, Racit_i, Wilson Councilmen Absent: None. Officials Present: City Manager, City Attorney, Director of Engineering Services/City Engineer, Director of Planning, City Clerk Minutes The Mayor declared the Minutes of the meetings.of October 16, 1972 October -16 and October 23, 1972, approved as dis- October 23, 1972 tributed and posted. Building.Moving 'The Clerk presented from the meeting of October Permit 622 16, 1972, application for Building Moving Permit 622, for Earl,Clayton, 2090 South Halladay, Santa Denied, Ana; for permission.'to move a single family resi- dence with attached garage, from 431 Wayfield, Orange, to 1156 Gleneagles Terrace, in an R1 zone. The Clerk has received -a letter, fact sheet, and petition containing comments of 22 neighbors. The Marina-Highlands•Homeowners. Association, at their October 'Z6,--19.72,' meeting had voted to disapprove the move -in. Mr. Clayton was present and addressed the Council in support of his application. Mrs. Miriam Pew,'1157 Gleneagles, spoke in favor of the move -;in: :Mr. Richard Willard, 1133 Gleneagles, and Mr. E:: J. Arkush, Jr., 1144 Gleneagles, spoke in opposition. They had investigated the house and,reported-negative findings from an architect and real - estate broker. On motion by Councilman Jordan, seconded'by Councilman Wilson, and carried, the application was denied on the grounds the pro- posed,move-in is-not.compatible with .the surrounding .area. Trees The Clerk.presented for second reading and adoption, Ordinance 72-40 Ordinance 72-40, being'AN ORDINANCE OF THE CITY To Study Session COUNCIL OF THE CITY -OF COSTA MESA AMENDING THE MUNICIPALCODEOF THE CITY OF COSTA MESA BY THE ADDITION OF CHAPTER VII THEREOF OF ARTICLE 6 ENTITLED "TREES." -Mr. Verlin Marth, 3197 Cape Verde, addressed the Council in opposition. After a --lengthy discussion, the Council requested Mr. Marth to put.his ideas in writing and present them for consideration at the Study Session to be held on November 27, 1972. On motion by Councilman Pinkley, seconded by Councilman Raciti, Ordinance 72=40 was referred -to the Study Session to be held on November 27-1972. Town Center The Clerk presented for second reading and adoption, District Ordinance 72-41, fora proposed Town Center (TC) . Ordinance 72-41 District. On motion by Councilman Wilson, seconded by Councilman Jordan, Ordinance 72-41, being AN 1 1 1 ORDINANCE OF'THE CITY COUNCIL OF THE CITY OF COSTA MESA CREATING'A TOWN CENTER DISTRICT, ADDING THE SAME7T0 THE'ZONING LAWS, OF THE CITY OF COSTA MESA, AND SETTING OUT REQUIREMENTS THEREFOR, was given second reading and adopted by the following roll call vote: AYES' Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Amendment to The Clerk,pre.sented for second reading and adoption, Section 9293.1.1 Ordinance 72-42; for a,proposed amendment to Sec - Ordinance 72-42 tion 9293:1.1 of the Land Use Ordinance -(uses permitted in the Cl Local Business District) to include "Sports -Amusement -Centers." On motion by Councilman Jordan, seconded by Councilman Raciti, Ordinance 72-42, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CREATING AN ADDITIONAL USE IN'THE C-1 - LOCAL BUSINESS DISTRICT ZONING,_RELATING TO COMMERCIALLY OPERATED AMUSE- MENT ACTIVITIES,. SETTING FORTH THE PUBLIC NEED THEREFOR, -AND CREATING EXCEPTION TO UNDER ROOF REQUIREMENTS THEREFOR, was given second reading and adopted by the following roll call vote: , AYES:. Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen; -None ABSENT:'.'Council.men:` None R-72-21 The.Clerk-presented for 'second reading and adoption, Costa Mesa Ordinance:'72-43,.:f6r permission to rezone property Planning located east of-Bear.,Street, between Sunflower Commission Avenue -and the San'Diego Freeway, from C1=CP`to Ordinance 72-43" C -1-S.. On motion by Councilman Pinkley; seconded by Councilman'Jordari,.Ordinance 72-43, being AN ORDINANCE -'OF -THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF SECTION'.35, TOWNSHIP S SOUTH, RANGE 10 WEST, IN THE LAND ALLOTTED.TO JAMES.McFADDEN FROM C1 -CP TO C -1-S., was given. second reading and adopted by the following roll call vote: AYES: .Councilmen:' Hammett, Jordan, Pinkley, Wilson, Raciti NOES:. Councilmen: None ABSENT: Councilmen:. None Parking The Clerk presented -fro the meeting of October 16, Prohibition 1972, a recommendation-for.parking re'moval.on Del- el-Del DelMai' -Avenue Mar lvenue be'tween.Newport Boulevard and Orange Resolution 72-106 Avenue. On motion by Councilman Jordan, seconded by Councilman Pinkley, Resolution 72-106, being A RESOLUTION OF'THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF THE SOUTH.SIDE OF' -DEL MAR AVENUE, EASTERLY OF -NEWPORT'BOULEVARD; was:adopted by the following roll call vote: . AYES: Councilmen:—Hammett, Jordan, Pinkley, Wilson, Raciti, NOES: Councilmen:. None ABSENT: 'Councilmen: None Parking The Clerk presented from.the meeting-of"October 16, Prohibition _ 1972; a recommendation for parking removal on"East East 22nd Street 2 2nd Street between -Newport Boulevard and Orange ZZ Avenue., On motion by Councilman Wilson, seconded.by_.Councilman Jordan, and carried, the recommendation for parking removal was referred to. Traffic Commission for further study:_ CONSENT CALENDAR ITEMS: The following items were removed"from the Consent Calendar for discussion:,Item 1, a letter from the Costa Mesa.Beautification Committee;.Item 15, a letter from the Mayor of.Buena Park extending their appreciation to Chief Neth; and Item.28, applicat-ion..,for,'business. license for Papa Joe's.. 1 Ordinances A letter -from ' the Mayor of the City of Lodi re - requesting support questing "support'of'two adopted ordinances for stricter concerning'stricter'enforcement of drug abuse; :. enforcement of for which the went on record as agreeing drug abuse with, the intent, was received and processed.' J Increase in A notice of filing application with the Public gas rates Utilities Commission in the matter of the appli cation of Southern California Gas Company for an increase in -gas :rates to 'offset higher costs caused..by an'increase in the rates of its supplier, El Paso Natural Gas Company, was received and processed. Application of A notice,of filing application with the Public Southern Utilities Commission in the matter of the joint California Gas application of 'Southern California Gas Company Company to revise for authorization to revise rates from time to rates time as necessary.,to reflect expenditures and revenues associated.with gas exploration and development activities, was received and processed. 1 On,motion-by Councilman Jordan, seconded by Councilman. Wilson, the following Consent Calendar items were approved by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen:. None ABSENT: Councilmen:, None Resolution A resolution from the .1of Garden Grove supporting supporting the modification of .current tax modification of assessment practices that discourage improvement current tax and maintenance of idential properties and assessment -res requesting City Concil to adopt a similar, practices resolution,'was,received and processed. Resolution A resolution from the'City of Norwalk requesting requesting that the.State.'of California by law provide for provision for the allocation of Revenue Sharing Funds among allocation of units of local "government on an optional formula Revenue Sharing basis.,as,authorized under the State and Local Funds Fiscal Assistance Act of 1972, and reques-ting City Council to adopt a similar resolution, was received and processed. Actuarial Report An Actuarial -Rep ort on Retirement Plan for the Employees of the.City of Costa Mesa for the plan year ending June 30,.1972, was received and processed. Ordinances A letter -from ' the Mayor of the City of Lodi re - requesting support questing "support'of'two adopted ordinances for stricter concerning'stricter'enforcement of drug abuse; :. enforcement of for which the went on record as agreeing drug abuse with, the intent, was received and processed.' J Increase in A notice of filing application with the Public gas rates Utilities Commission in the matter of the appli cation of Southern California Gas Company for an increase in -gas :rates to 'offset higher costs caused..by an'increase in the rates of its supplier, El Paso Natural Gas Company, was received and processed. Application of A notice,of filing application with the Public Southern Utilities Commission in the matter of the joint California Gas application of 'Southern California Gas Company Company to revise for authorization to revise rates from time to rates time as necessary.,to reflect expenditures and revenues associated.with gas exploration and development activities, was received and processed. 1 1 1 1 Bi -Centennial A letter from.Beverly S. Carey, Chairman, U.S. Committee Bi-Centennial.Committee of Costa'Mesa, thanking City Council for their support, was received and processed. Annexation No. A notice of hearing by: the Local Agency Formation K-303-72 Commission on. proposed annexation to Garden Grove Sanitary District designated Annexation No. K-303-72, located at the intersection of Harbor Boulevard and First Street in Santa Ana, was received and processed. Pink Bus Lines A:notice..of hearing before the Public Utilities Beverage Licenses Commission.on:November .15., 1972, in the matter of the application,of Paul Kadletz and Michael Kadletz The Keg for certificate -of public convenience and necessity to operate a passenger. service, to be: known as The Hamburger. Pink Bus Lines between.two points in Orange County, Hamleton-sale.: was received and processed. Railroad A notice.of hearing,which was held before the Public crossings Utilities Commission on October 17, 19,72, stating notification will be given ten days before`hearing Flame Room date is set to investigate the Commission's own motion into rules governing the construction and maintenance of crossing at grade of railroads with public -streets, roads. and highways in the -State of California; -was received and processed._. Proposition 20 A memorandum,from twenty -,two Mayors throughout the Recreation California cities in opposition to Proposition 20, Coastal zone Conservation Act, for which Council previously-went,onl.record in opposition to, was . received:and processed.,- Engineer's No. 144 A.reso1ution from the,:Local Agency Formation Com - Annexation mission approving -Engineer's No. 144 annexation to the Costa Mesa.Sanitary District, was received and processed. Environmental A�notice from the Public.Utilities Commission that Quality Act hearing.will..:be:;held to�investigate Commission's of 1970 own motion into methods of compliance with the Environmental::Quality;Act.of 1970, was received. and processed. Alcoholic An application,for person-to-person transfer of an Beverage Licenses on -sale beer;li,cense.from Kenneth W. Stockham, to Allen R:,and.Mary L. Muse, The Keg; 1125 West The Keg Victoria Street,;.Building K and L; for which°.parking was approved by,Planning.;.was received and processed. Hamburger. An application for person-to-person transfer of an Hamleton-sale.: general license from Saul and Sylvia G. Izen.:-to Davilew:Corporation, Hamburger Hamlet, 1545 Adams.Avenue; for which parking was approved by Planning, was received and processed. Flame Room An ;applicati.on.•for person-to-person transfer of an on -sale beer license -.from Ruth H. Werts, to Dorothy J..:and.Herman,W. Pettingill, Flame Room, 1880 Monrovia Avenue; for which parking was approved by PlanningI.was.r6ceived:4nd processed. The Holiday An.application for person-to-person transfer of .an Recreation on -sale beer license from Estel A..and Jerome Harris, to Joseph S..,Vold;_the Holiday Recreation, 1477 West Business License An application from Portrait -Land Studios', Norman Applications L. Kelley, 6168 Tyler Street, Riverside 9.2503, Portrait -Land for itinerant photography business at Berg - Studios strom's, South Coast. Plaza, on October 2 through October 7,.19:72, was ratified. Costa -Mesa High An application.from Costa Mesa High School and School and D -&-M D &.M.Amusements,-Donald E. Utter, Director, Student Amusements Activities, for a carnival at 2650 Fairview Road, on November -3, 4 -and 5; 1972, was ratified with - one -half -fee.'waived due..to non-profit organization. United Melon Baker:�Stree.t; for which.- parking wass approved by - Distributors, Planning, was., received and processed. 7 -Eleven Food An application for_an.original off -sale beer and Stores wine license by Eva P. and Nick R. Furticella for .7 -Eleven Food Stores, 2.150 Placentia -Avenue; for David Goodwin which.pro-test.,of.inadequate parking has been withdrawn and parking approved by Planning, was received and processed. Permits A request from Stacoswi.tch, 1139 Baker Street, Stacoswitch Costa Mesa, for an additional time extension of Xmas Trees six months.for use of trailer permit, was approved for a maximum.°period of six months from date of Council approval. United California A request from.United California Bank, Harbor and Bank Baker office:; for a one year extension of time on Educational use.of temporary trailer facility, was approved. Business License An application from Portrait -Land Studios', Norman Applications L. Kelley, 6168 Tyler Street, Riverside 9.2503, Portrait -Land for itinerant photography business at Berg - Studios strom's, South Coast. Plaza, on October 2 through October 7,.19:72, was ratified. Costa -Mesa High An application.from Costa Mesa High School and School and D -&-M D &.M.Amusements,-Donald E. Utter, Director, Student Amusements Activities, for a carnival at 2650 Fairview Road, on November -3, 4 -and 5; 1972, was ratified with - one -half -fee.'waived due..to non-profit organization. United Melon An application from United Melon Distributors, Distributors, Incorporated, Donald B: Edwards, Manager, 20391 Incorporated Seven Seas -Lane, Huntington Beach, for itinerant pumpkin. sales, at 2777' -Bristol Street; -on. -: October 14�through October 31, 1972, was ratified. David Goodwin An application from. -David Goodwin, 2078 Phalarope Court, for a one -day auction at Orange County Fairgrounds Agriculture Building on October 23, 1972,.was ratified. . Jerry Rubri.,ght An application_ from Jerry Rubright Xmas Trees, 1034 Xmas Trees Valencia, No. B, Costa Mesa, for Christmas tree lot at 2777 Bristol Street, on December 4 through Decem- ber -24, 1972; was approved. Mardan A Notice of Intention to Solicit for Charitable Foundation of Purpose from Mardan Foundation of Educational Educational Therapy, Incorporated, 695 West 19th Street, by Therapy direct mail solicitation to parents, professional and business leaders, and interested citizens in Orange County, from -November 7 to December 31; 1972, was :approved faith Section 6914J of Municipal Code waived. March of Dimes A.Notice-of Intention to Solicit for Charitable Purpose from National.Foundation, March of Dimes - Orange•Coun.ty Chapter, for the Annual Mothers` Mar.ch;:mailers,--coin containers, special events, under the direction of Costa Mesa volunteers, from January 22.through'February 3,,1972, was approved with Section 6914J of -Municipal Code waived. Revision of Master Proposed.Ordinance revising the Master Plan of Parks Plan of.Parks and reducing the number of development zones from Hearing Set sixteen to six, was set for public hearing at 6:30 p.m. on November 20, 1972. 1 1 1 a Refund A request from Mr. J. Saunderson, 2029 Swan Drive, Mr. J. Saunderson for refund of overcharge of California State Tax, was approved 'in the amount of $25.33, as recom- mended by the Building Safety Director, by the following roll call vote: AYES: Councilmen; Hammett, Jordan, Pinkley, -Wilson, Raciti "NOES: Councilmen: None ABSENT: Councilmen: None Refund A request-from'Champion Pools, 27665 Forbes Road, Champion Pools Laguna Niguel 92677, for refund of deposit on Permit No. 8620, for 'construction of a swimming pool, was approved in the amount of $100.00 as recommended by the -Street Superintendent by the following 'roll` call vote: - AYES: Councilmen:' Hammett, Jordan, Pinkley, Wilson, Raciti NOES-: `Councilmen-: None ABSENT:: Councilmen: None Refund- 'A.request from -Custom Pools-, 285 East Main Street, Custom -Pools Tustin 92680; for refund` -of- deposit on Permit No. 8499;,,for` construction of� a' swimming pool, was approved'in the`amoun't of $100.00 as recommended by the Street -Superintendent -by the following roll - call vote: AYES:, Councilmen': Hammett, Jordan, Pinkley, Wilson, Raciti NOES:' Councilmen: None ..ABSENT::' Councilmen: None Refund A: -request -from Graham -Brothers, Incorporated, Graham Brothers, 2956 Randolph Street;_for 'refund of deposit on Incorporated Mechanical Pe7mt No: 9450;'for construction of a heater; was approved in the amount of $7.00 as recommended 'by the Building Safety Director by the following roll :call vote: '--AYES: Cotlncilmen: Hammett, Jordan, Pinkley, - Wilson, Raciti NOES: 'Councilmen:' None ABSENT: Councilmenr None Refund A request from Douglas Patty, 17332 Irvine Boulevard, Douglas Patty Tustin, for'refund'lof deposit on Receipt Number 9451 -for s treef - tree -planting fee was approved in the amount°of $25:.00 as recommended by the Director of Leisure 'Services,'=by'the following roll call voter AYES:Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None - -ABSENT: Councilmen:-' None Refund A -request from.-Stonis- Investment Company, 333 East Stonis Investment 17th Street.1 for refund of deposit on Receipt Number Company 9452 for street tree planting fee, was approved in the amount -of ''$25.00. -as- recommended by the Director of Leisure Services, by the following roll call vote: AYES:- Councilmen:' Hammett, Jordan, Pinkley, Wilson, Raciti 'NOES: Councilmen:- None ABSENT: Councilmen: None Right. of Way The following right of_way deed was accepted and Deed orderedplaced'on record with the Orange County Recorder, by the following roll call vote: AYES.: Councilment. Hammett, Jordan, Pinkley, 1 1 Wilson, Raciti ,NOES ;..Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 10 -.19 -72 --Bill R. and -,Joan R. Berry Palace Avenue Claims The following claims received by the Clerk -were - referred: to- the..City-Attorney: Verna Jones, Syn-:. - dicated..Enterprises,.Incorporated, and Nicholas-_: R. Camara.. Costa Mesa Item,l on the -Consent Calendar, a letter from the Beautification Costa.Mesa:Beautification.-Committee advocating Committee -enforcement.of the Interim Sign Ordinance and requesting all billboards within the City, with time limit expiration ,be immediately removed, was presented. Maureen. Di Domenico, Chairman of the'Beautification Committee, 941 Coronado; Mrs. William Schmidt,-261..Nassau Road, a representative of,the Beautification Committee; and Mrs. Eliza- beth�Cowley,,2965.Maui-Place; spoke in opposition to the billboards.,. On motion by Councilman Wilson, seconded.by.Councilman Pinkley, and carried, the report submitted. by the,Beautification Committee was referred to staff for study. Detective Darrel Item 15.on;the..Consent Calendar, a letter from D. Cate the Mayor of.Buena Park.on behalf of the City Council extending their appreciation_ to Chief Neth for assistance rendered the search and ultimate apprehension., of the -,suspect in the - death of„Detec- tive.Darrel D:,Cate-was.presented. Councilman-: Jordan.stated.that this.,was the type of cooperation desired:.between,cities.and-,commended Chief Neth and his.staff, for.the.iY actions regarding this matter...On motion by Councilman Jordan, seconded by Councilman.Raciti, the Council directed that their appreciation in,the form of these remarks be -forwarded .to Chief Neth and his staff. Papa Joe's Item..28.on the Consent .Calendar, an application from..Papa Joe,'s,,.,:Stev_e Waterbury, Post Office Box 1324,.for three.pool tables at 1784 Newport Boule- vard.was presented.:; On motion by Councilman Wilson,, seconded.by Councilman Jordan, and carried, the application was held over for six months. Warrant On motion.b.y Councilman Wilson, seconded by Coun- Resolution 747: cilman Pinkley, Warrant -Resolution 747 was approved by the following roll call -vote: AYES:., -Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES.:,. -Councilmen.; None ABSENT: Councilme: None Warrant - On. motion, tion -by .Councilman Pinkley, seconded by Coun= Resolution 748 cilman Wilson, Warrant Resolution 748, including . Payroll.-7221,.was approved by the following roll call vote:. AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES,:. Councilmen:-, . None ABSENT: :Councilmen: None Warrant On motion by Councilman Jordan, seconded by Coun- Resolution 749 cilman Pinkley, Warrant Resolution 749 was approved by the following roll call vote: 1 1 0 AYES: Councilmen_: Jordan,'-Pinkley,-Wilson, Raciti NOES: Councilmen.: " None ABSENT: Councilmen: None ABSTAINING: Councilmen: Hammett Girl.Scout Troop Mayor, Hammett recognized Girl Scout Troop No. 57, No. 57 Mrs. G. F. Patterson,'Leader, Jane Patterson, Troop President, and Troop Officers Mary Royston and Debbie Sue Hempstead, from the Davis Mesa High School, and commended them for their civic activities; and thanked them for attending'the meeting.-. Tract 6613 -The City Manager presented Tract 6613, Tanco Tanco. Development Corporation, 1104 East 17th Street, Development Santa ten lots located west of Harbor' Boule- Notice. of ,Ana; vard and north of Gisler Avenue. On motion by Completion.. Councilman Jordan,- seconded by Councilman Wilson, the improvements were.accepted, the bonds exoner- ated, and the Clerk.was'directed to file Notice of Completion; by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Tract 6614 The City Manager -presented Tract 6614; Taric' Tanco Development Corporation, 1104 East 17th Street, Development' Santa Ana; forty-three ,lots and Lot "A" located Notice of west of Harbor Boulevard and north of Gisler Avenue. Completion -On ':'motion -by Councilman Jordan, seconded by Coun- cilman Wilson, -the improvements were accepted, the -..bonds'exonerated,-and the Clerk was authorized to file Notice'of Completion, by the following roll call vote: .AYES:.: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Notice'of The,City Manager reported that work was completed Completion according to-th,e_contract and to the satisfaction Suburbia Park of the Director of Engineering Services on the landscape..construction_a.t Suburbia Park. On motion by Councilman ,Wilson, .,seconded by Councilman Pinkley, the work was accepted, the bonds exonerated accord- ing to.City procedure, -and filing of Notice of - Completion authorized,_:by the following roll call`, vote: AYES: Councilmen,' Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Notice of The City Manager reported that work was completed Completion according to .contract: and to the satisfaction of Cherry Lake -the Director:_of-Engineering Services for Cherry Storm Drain Lake Storm`Drain from Santa Ana Avenue at Brentwood Street to-:Rue.De Cannes at Riviera Drive. On motion by Councilman`Wilson, seconded by Councilman Piii.kley;"the :work was accepted, the bonds exoner- ated according'to City procedure, and filing of Notice of Completion authorized, by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Offer; to..Dedicate The_City, Manager, presented an Offer to Dedicate Bank of America from the Bank of America for property located on West-19th.Street. On motion by Councilman Jordan -,.seconded by Councilman Pinkley, the Off erto Dedicate was. accepted and ordered placed on record with'tfie Orange County Recorder, by the: follow,ing-roll call -vote: ncilmen: Hammett,`Jordan,, P nkley, AYES: Cou Wilson, Raciti NOES,: Councilmen.: None `Councilmen: ABSENT: None Right of Way The City Manager presented a Right of Way Agreement and Agreement and Easement Deed for the ARCO Service Easement Deed Station located at Harbor Boulevard and.Mesa ARCO -Service Verde Drive East. On motion by Councilman Wilson, Station seconded':by, Councilmari'Pinkley, the dedication was accepted; the deed'ordered placed' -on record' with the Orange Cou#ty'Recorder and the Mayor and Clerk authorized "to 'sign, by othe following roll call ,vote: AYES: Councilmen: Hammett, Jordan, Pinkley,' Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None South Coast The City'Manager presented an agreement between Plaza and Town South Coast Plaza and Town Center and the City of Center Costa_Mesa to'install drain structures at the Agreement Sears.Roebuck entrance'on: Bristol Street. On motion by.Counc.ilman'Wilson, seconded by Council- man Pinkley, the' agreement was approved and"the. Mayor._and Clerk authorized to sign, by'the fol-' lowing-.roll,.cill Vote:' " AYES. .'Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen:" None ABSENT: Councilmen: None Bid Item 202 The City Manager reported on bids opened by the Street Sweepers Clerk ori October 31; 1972, for furnishing of two .(2), each 1973 -Model Four -Wheel Street Sweepers. Bids are on.file.in.the.Clerk's office. -'Bids'. -'following: were received from the NAME AMOUNT., Nixon -Egli Equipment Company $33,718.00 Kemp Yorke Equipment Company $35,676.00 Awarded Bid Item 203 Truck and Chassis.- On.motion by Councilman Wilson, seconded by Coun- cilman Jordan, the contract was awarded to the Nixon -Egli Equipment Company, 12030 Clark Street, Santa Fe Springs, California, in the amount of $33,718.00, by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None .ABSENT:; 'Councilmen: None _The City' Manager reported on bids opened. by.".the Clerk. on October -31, 19,72, for furnishing 'of two (2) 19 -73 -,Model Truck_and Chassis.- Bids are on file in the Clerk's - office. Bids were received from ;the following: . NAME AMOUNT Theodore Robins $5,270.06 Atlas Chrysler�Plymouth$5,274.58 Tommy Ayre's' Chevrolet $5,331.52 International Harvester Company $5,700.00 1 1 1 Awarded On motion by Councilman Wilson, seconded by Coun- cilman Jordan the contract.was awarded to Theodore Robins`Ford, 2060 Harbor Boulevard, Costa Mesa',` -in; the amount of $`5,270.06, by the following -roll'', call votes _. AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES:' Councilmen: None ABSENT: Councilmen: None Parking On motion'by Councilman Wilson, seconded by Coun- Prohibition cilman Pinkley, Resolution 72-107, being A Baker Street RESOLUTION OF THE CITY COUNCIL OF THE CITY`OF Resolution 72-107 COSTA MESA, -,CALIFORNIA, PROHIBITING PARKING ON PORTION OF BAKER STREET, wis'adopted by the following roll tall.vote: AYES: 'Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: No ABSENT: Councilmen:' None Parking On'motion.•by Councilman Pinkley, seconded by Coun- Prohibition cilman Wilson,,Resolution'72-108, being A RESOLUTION Presidio Avenue OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Resolution 72-108 CALIFORNIA, 'PROHIBITING PARKING ON PORTION OF PRESIDIO AVENUE_, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Time Limit On motion'by Councilman Jordan, seconded by Coun- Parking cilman Pinkley, Resolution 72-109, being A RESOLUTION 964 West 17th OF THE CITY'COUNCIL OF THE CITY OF COSTA MESA, Street CALIFORNIA, ESTABLISHING 24 -MINUTE PARKING ON A Resolution 72-109 PORTION OF WEST SEVENTEENTH STREET, was adopted by the following ro11 call vote: AYES:" Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Coiiriclmen: None Signalization The City Manager presented an agreement pertaining Irvine Avenue to a joint participation project with the City of and East'20th Newport -Beach for a signal -at Irvine Avenue and 20th Street Street. On.*mo'tion by Councilman Wilson, seconded Agreement by Councilman Pinkley, the agreement was approved and the Mayor,and Clerk authorized to sign, by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Downtown The City Manager presented a -request from the Down - Businessmen's town Businessmen's Association to erect a lighted Association aluminum Christmas tree on the small island adjacent Christmas Tree to Coast Music at the corner of Newport and Harbor Boulevards, from November 24, 1972 through January 5, 1973, for which the Traffic Engineering Division recommended approval. 'On motion by Councilman Jordan, seconded by -Councilman Wilson, and carried, the request. was approved.- Mund,.McLaurin On motion by Councilman Jordan, seconded by Coun- and Company cilman Pinkley, Mund, McLaurin and Company of Los Property Angeles', 600 South Commonwealth Avenue, Suite 1203, Insurance Los Angeles, California 90005, were authorized to prepare property.insurance specifications at a cost of not less- than $1,500.00 nor more than $2,500.00, by the following roll call vote: AYES:, Councilmen:— Hammett, Jordan, Pinkley, -Wilson, Raciti NOES: Councilmen: None ABSENT:- Councilmen: _.None Public Hearing The Clerk announced that this was the time.and Park Land place set for the -public hearing on afproposed Dedication ordinance amending Article 1-E Chapter IX of the Ordinance 72-44 Municipal Code regarding parkland dedication or First Reading in -lieu fees for.•subdivisions. The affidavit of publication is on file in the Clerk's office. No communications have been received. Mrs. Louise Natoli, 297.4 Ceylon Drive, representing the League of Women Voters, spoke in support of the ordinance.-There•being no more speakers, the Mayor closed the public hearing.- On motion by Council -- man Wilson, seconded by Councilman Jordan,, Ordinance, .7 2-44, being AN ORDINANCE OF THE.CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING ARTICLE 1-E OF CHAPTER IX OF THE COSTA MESA MUNICIPAL CODE, RELATING TO PLANNING AND ZONING WITH•SPECIFIC REFERENCE TO THE PARK AND RECREA- TIONAL DEDICATION, was,given first reading and passed to second reading by the following roll call vote: AYES: Councilmen:, • Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT:- Councilmen: None Public Hearing The Clerk announced that this was the time and Park Land place set for the public hearing on a proposed Dedication ordinance amending Article 2, Division XXII of the Ordinance 72-45 Municipal -Code, regarding park land dedication or First Reading in -lieu fees for residential construction. The affidavit of publication is on file in the Clerk's office.. No communications have been received. There being no speakers,.the Mayor closed the public hearing.. On motion by Councilman Jordan, seconded by Councilman Wilson, Ordinance 72-45, being AN ORDINANCE OF THE_ CITY COUNCIL OF THE CITY OF COSTA MESA, CREATING THE CAPITAL OUTLAY PARK AND RECREATION ACCOUNT; MAKING PROVISIONS FOR ITS APPLICATION., AND EXCEPTIONS THEREFROM; DETER- MINING MANNER OF CALCULATION FOR LAND OR FEES, AND PLACING -LIMITATIONS UPON THE EXPENDITURE OF FUNDS ACCUMULATED UNDER THIS ORDINANCE, was given first reading and passed to second reading by the following roll.call vote: AYES: Councilmen:' Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: .None Recess. The Mayor declared a recess at 7:50 p.m., and the meeting reconvened .at 8:00 p.m. Garage Sales The Clerk presented a proposed ordinance regulating Ordinance garage, patio, and yard sales in residential areas, Held Over and providing for a permit therefore, and providing 1 1 Encroachment Permit 68 - Standard Oil Company - Encroachment Permit 69' - Pentecost ZE-72-101 Digas-Company of` Delaware Held -Over "- for fees and -conditions to be imposed thereon. Letters- -of opposition -have been received from R-ichard�W.-Knapp,-2386 Columbia Drive, Lenet Leski-, '867 -St. ­Cla-ir- Street; and an anonymous neighbor:• -Seven citizens addressed the Council in opposition: -Mr. Charles -Ferguson, 1856 Paris Circle; Chairman --of •Taxation Section of the Newport-Board"of"=Realtors stated that any type of-"ass,istance -in this matter- may be obtained by calling Mr. Glenn'Martin-, Board of Realtors, and each citizen desiring to hold a garage sale may obtain. "two signs.,- free of charge, from the Board of Realtors.- After a lengthy discussion, on motion"by Councilman Wilson, seconded by " Councilman"Raciti, and carried, the proposed garage sale ordinance was" held over for further study and referred- to-City'Attorney. The Director of Planning presented an application for Encroachment -Permit 68; for Standard Oil Company of -California,_ -444 West Ocean, Long Beach, for permission to construct'planters and two pole -signs in - City right of "way, on property located' at-,2i60""Harbor Boulevard, in a C2 zone. The"applicant was- not present. Planning Commis- sion-recommended-approval ommis-sionrecommended-approval subject to conditions. On motion by Councilman Jordan, seconded by Councilman -Wilson,- and"carr- ed, the application was approved,subj"ect to -conditions. The Director -of Planning presented an application for-,Encroachment'Permit"69,�for Arlan R. Pentecost; 229,De1'Mar Avenue, for- permission to encroach eight --feet -into Ci.-ty' right- of way to legalize existing-block"wall;"on property located at 229 bel -Mar -Avenue, -in an R1 zone. Mrs. Pentecost was present and"stated conditions have been complied with -but questioned the need for Condition No. 3. After -"discussion,' -on motion -"by Councilman Wilson, -seconded by "Councilman Pinkley, and carried, the. application was -approved.'. --subject to conditions and -amending Condition No. 3 -to allow use of a savings account brook in -=lieu of bond. The Director of Planning presented an application for Zone -Exception ZE-72-101; Digas Company"of" Delaware, -1215 -South La Cienega Boulevard, Beverly Hills-, for permission to change from conventional service "station'to self-service station by removing one pump -island and adding a cashier's cage, four dispensers -and an air and water service island", on property -located at 3066 Bristol Street, in a Cl' -zone.- Mr: Earl'Redmon, 22035 Burbank Boule- vard",'Woodland Hills;" representative for the applicant, was •present°"and" addressed the Council. City Manager -had received-a•letter from the Digas Company explaining'their'proposed modifications, and agreeing tb"comply with -&11 conditions with the except ori -of Condition No:'1: The Digas Company did not -feel they; as"""sub-lessees", "should be held re- sponsible -for -'right of way,for future street improvements City Engineer stated that this was a mis- understanding -as right,of way has been obtained. It is City policy "to require street improvements of a developer at the time application for permit is made. Mr.. -Phil Evans and Maureen Di Domenico; :.Z9_ FA ZE-72-102 Christiansen Held Over ZE-72-103 Smith Chairman :o , f the. Beautification Committee, 941 Coronado Drive, addressed._:the.Council. Coun- cilman; Wilson ,stated ,that because of the misinterpretation regarding .,right of way and new evidence that,has been.,presented, this item should be returned, to staff.: On motion by Councilman -Wilson,; seconded by Councilman Jordan., and carried,_the application was re- ferred to Planning Commisson.to be heard at the Planning Commission.Meeting of November 13, 1972. The Director.of Planning presented an application for Zone Exception ZE-727102, Bent Christiansen, 283_Rose..Lane,_,for.-permission:to construct four units on. 11, 750 square, feet_.of land area (one unit per 2.,939 square feet) and permission to encroach two feet into required 50 -foot rear yard setback. and zero feet on front and side yard setbacks with garages,; on.property located at 2553 ;Elden Avenue,.in,an R2, zone. Applicant was present—­ and resent ,-and addressed the -.Council. Director of Planning-.,; and City. Engineer, -.explained conditions and dis cussed legality of the lot.7 Motion was made for denial by Councilman Wilson and seconded by Councilman-Pinkley;.. After discussion, motion and second., were withdrawn.: On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was held., over until the November 20, 197.2.Council as and returned to staff for further study. The Director of Planning presented an application. for Zone` Exception ZE-72--103; 'Marian M. Smith -,,331 . East:Bay, Front,, Balboa Island, for permission to.construct.four unit.apartment complex to meet CP standards,=lon.property located at 758 West 20th Street, in an.R4-CP.zone. The applicant, Mr. . Raymond,_Smith,,was present and agreed to all condi- tions. The Planning Commission recommended approval subject to -conditions. On;motion by Councilman Jordan,,seconded by Councilman Wilson, and carried, the application was, approved subject to conditions as.recommended by the Planning Commission. ZE-72-104 The Director of Planning -presented application for Zimmerman Zone Exception-ZE-72-104, E. L. Zimmerman and/or and/or Tanco Tanco Development -Corporation, 1104 East 17th -Street, Development Santa Ana, for permission to,allow reduction in parking (111,sp4ces required - 63 available), on property.,located-at.the.northeast corner of Red Hill and,Paularino Avenues, in an M1 zone. Planning Commission recommended approval subject to conditions for a total of 82,p4rking spaces. The applicant's representative,- Mr. Don Christeson, President of Christeson Company,: 2100 East. 4th Street, Santa Ana, was present. Director of Planning and City Engineer.explained,Conditions No. 4 and 5. After discussion, on.motion by;Councilman Jordan, seconded by Councilman.Wilson, and carried, the application_ -was approved.subject to conditions for a total of 82 parking spaces and amending Conditions No. 4 and 5 to allow use,of a -cash bond for both conditions in lieu of a cash.deposit. Oral Mr. Joe Donaldson, 2.782 San Lucas Lane, addressed Communications the Council regarding the use of TeWinkle Tennis 1 Courts for private enterprise. The Council in- formed him that only a portion of the courts would be used for private enterprise and compared the tennis courts to the municipal golf course which is operated by a private enterprise. The courts are constructed faith public funds and, by charging for. their use, it is eventually the users who will pay for the cost of construction. Councilmanic On motion.by.Councilman Pinkley, seconded by Coun- Suggestions cilman Wilson, and carried, the City Manager's f Report will be placed on the Consent Calendar for the next two meetings on a trial basis in an effort to expedite the meetings. Orange County Councilman Pinkley felt, that since information Fairgrounds has been received of a long term lease having been signed between the Fairboard and the Swap.Meet Liaison concern and the City was not informed and is Committee directly involved, closer coordination should be maintained between the Fairboard and the City. On motion by Councilman Pinkley, seconded by Councilman-Hammett;.and carried,.Councilman Wilson .voting No, Councilmen Wilson and Jordan were appointed as the Fairboard Liaison Committee. Study.Session The Mayor requested that.the Council and Staff Priority List respond*to his request for priorities in time to be studied at' -the Study Session on November.21, 1972. 'Mayor'Hammett mentioned that -6n his"list of priorities for the City were: tax relief for next year; the improvement of Bear Street; and the lighting of the ball park. The City Manager responded that a list would be submitted for the next.'agenda. Adjournment The,Mayor adjourned the,meeting at 10:00 p.m. to -an Executive -Session, and the Executive Session adjourned at 10:30 p.m. yo of the City of Costa Mesa ATTEST: City Clerk of. the City of Cost esa is