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Home My WebLink About05/07/1973 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 7, 1973 The City Council of the City of Costa Mesa, California, met in regular.session at 6:30 p.m., May 7, 1973, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by Mayor Hammett, followed by the Pledge of Allegiance to the Flag by the Girls Club of the Harbor Area and Invocation'by the Reverend Ed Phillips. Girls Club Mayor Hammett acknowledged Misty Lee, and Kim and Tori Hampton, representatives of the Girls Club of the..Harbor Area. The Mayor and Council were presented with hobo sacks and invited to attend Hobo Night, to b e held at. Grace Cottage, 2032 Orange Avenue, 6:00 p.m., on Wed- nesday, May 16, 1973. Vice Mayor Jordan read a . Proclamation proclamation declaring May 14 through 21, 1973, as National Girls Club National Girls Club Week. Mayor Hammett presented the Week proclamation to Misty Lee. Roll Call Councilmen Present: Hammett, Jordan, Pinkley, Wilson, Raciti 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 meeting of April April 16, 1973 16, *1973,.ap.proved as distributed and posted. Public Nuisance The City Attorney requested that the Public Nuisance Hearing_ Hearing on Pier 11 be held over to enable the City to Pier 11 perfect jurisdiction.. A motion was made by Councilman Pinkley, seconded by Councilman Jordan, to continue the Continued Public Nuisance Hearing on Pier 11 to the meeting of May 21, 1973. Mr. Bruce Chandler, 610 Newport Center Drive, an attorney representing Pier 11, agreed.to the continuance. The motion was approved by unanimous vote. Planning Commission Mayor Hammett stated that the interviews for the position Reade on the Planning Commission, made available by the expir- Reappointed ation of Mr. Nathan Reade's term, had been conducted, and recommended that Mr. Reade be reappointed. On motion by Councilman Wilson, seconded by Councilman Pinkley, Mr. Nathan Reade was reappointed to the Planning Commission, term to expire April 19, 1977, by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen:. None ABSENT: Councilmen:,...None. Automobile Club A 60 -minute movie presentation regarding pedestrian Movie Presentation safety was shown by Mr. Manny Puentes, Highway Engineer- ing Department, Automobile.. Club of Southern California. The movie was filmed in Costa .Mesa, with the assistance of local _children, the Police Department, the City Manager's office., and.the Director of Public Services, as part of a new public safety program offered by the Automobile Club to be.shown on national television net- works.. Mr. Ruentes thanked everyone for their assistance and technical services provided in filming this movie. Mr. Bud Schroeder, Costa Mesa District Manager of the i Automobile C1ub,.presented a Certificate of Appreciation and a $25.00 Savings Bond, on behalf of the Automobile Club, to Jerome Waddell, Christa Ballinger, and Jim Eldridge, for their participa- tion and appearance in the film. One -Way Streets On motion by Councilman Wilson, seconded by Council - Ordinance 73-14 man Pinkley. Ordinance 73-14, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, .AMENDING SECTION 3416.3"OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA, ONE-WAY STREETS, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None R-72-27 On motion by Councilman'J_ordan, seconded•by Councilman Alcorn Pinkley, Ordinance 73-15, being AN ORDINANCE OF THE Ordinance 73-15 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF & PORTION OF LOT 21 OF TRACT NO. 9 FROM R2 TO R3 -CP, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None R-73-05 On motion by Councilman Wilson, seconded by Councilman South Coast'Plaza Jordan, Ordinance 73-16, being AN ORDINANCE OF THE Ordinance 73-16 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE .ZONING OF 'A PORTION OF THE LAND ALLOTTED TO JAMES McFADDEN IN DECREE OF PARTITION OF THE RANCHO SAN- TIA GO:) DE SANTA ANA, FROM Al AND CIS TO "TC" TOWN CENTER, was adopted by the following roll call vote: AYES: Councilmen: Hammett., Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None R-72-22 On motion by Councilman Jordan, seconded by Councilman Land Evolution Pinkley, Ordinance 73-17, being AN ORDINANCE OF THE Ordinance 73-17 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF A PORTION OF LOT 19, TRACT 156, FROM R2 TO R3 -CP, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Bond Issue The Clerk presented from the meeting of April. 16, 1973, a proposed bond issue. Councilman Wilson reported that there have been lengthy discussions between the Fair - board and the Costa Mesa Fairgrounds Liaison Committee regarding the 33 acres of surplus property, with a joint powers agreement presently under consideration. Discussions between the Committees regarding the Fairboard's future plans for development and the joint powers agreement are still being conducted. The surplus school property will be included in the bond issue. A motion by Councilman Jordan, seconded by Councilman Wilson, to authorize the City Manager to begin the necessary proceedings so the proposed bond.issue may be presented to the public on September 11, 1973, was approved, Councilman Wilson voting no. [J 1 Orange County The City Manager presented from the meeting of April 2, Planning -Commission 1973, a letter from.the Orange County Planning Commis - Growth Policy Report. sion regarding.their.Growth Policy Report, and gave a Held Over short report.,.On motion by Councilman -Jordan, seconded by Councilman.Wilson, and carried, the item was held, over to.the meeting of May.21, 1973,,for Council study. Papa Joe's The City Manager presented'from the meeting of -November Held Over 6, 1972, an application from Papa J'oe's., Steve,Waterbury; Post Office Box 1324, for three pool tables at 1784 New- port.Boulevard. Applicant was not present. On motion by Councilman Wilson, seconded'by Councilman Raciti., and carried, the application.was held over to the meeting.of May 21, 1973, and.staff directed to investigate. CONSENT CALENDAR ITEMS:,. The.following items were removed from the Consent Cale'ndar.for discussion: Item 4, a Business License Application for itinerant.flower sales; Item 18, a -request for refund for William Rossworn and Associates; Item 21, a Right.of Way Deed for Hubert H. Wakeham; Item 37, a resolution recommending establish - meet of Model.Bicycle Ordinance; and Item 38, an ordinance establishing bicycle lanes. On motion by Councilman Jordan, -seconded by Councilman Raciti,, and carried, the remaining Consent Calendar items were approved by the:,following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley,, Wilson, Raciti. NOES: _.Councilmen: -None. ABSENT: Councilmen: None The following Reading Folder items, in the Consent Calendar, were received and processed: Garage,Sale A letter from Mrs. Earl, --Ferguson, 117-A East Bay ..Street,.Cos.ta Mesa, commending the.Council for their stand on„the Garage.Sale controversy. Orange County IA'letter from the.Oran,ge County Public Library,Mesa Public Library Verde Branch, thanking -.the City of Costa Mesa for. the support and cooperation the City has given to the library.. Sale of Alcoholic Communications regarding the lifting of.restrictions Beverages on for the sale of alcoholic beverages on County pro - County Property perty were received -as -follows: a letter from the Department of, Alcoholic•Beverage Control acknowledging Resolution '73-24; resolutions from the Cities of Buena Park and Los Alamitos.expressing opposition; and a letter from the City -of -Irvine expressing opposition. Assembly Bill 9.5 Communications,supporting Assembly Bill 95, relating to punishment for felonies committed with firearms, were received as follows: resolutions from the Cities, of.La.Palma,and.Los.Alamitos; and a letter from ..Assemblyman:Robert_E. Badham. Santa Ana River Re'solutions.urging.the United States Congress to Basin Flood Hazard. appropriate funds to expedite the study of the Santa Ana River Basin flood hazard were received from the Cities of Anaheim, Irvine, and Buena Park. ,Bradley -Burns Uniform A letter from:the.City,.6f Irvine opposing any change Local Sales and Use in..the.present method of apportionment of sales and Tax use tax:..under the Bradley -Burns Uniform Local Sales and Use Tax— Public _ .- Public Utilities Communications were received from the Public Utilities Commission Commission as -follows: Notice of Prehearing Conference Abandoned and An anonymous.card from a Costa Mesa resident, com- Dismantled Vehicles, mending the City Council for their'Action on abandoned and dismantled vehicles, and complaining about a lot on Melody Lane that has three old school buses on it. Alcoholic Beverage Licenses End - Reading Folder Alcoholic Beverage License Applications, for which Planning approved parking, were received as follows: Application fox stock transfer of a beer and wine wholesaler license.from Pop Wines of California, Incorporated, doing business as Montcalm Vintners, 3001 Red Hill Avenue,Suite 222, Building IV; Appli- cation for person-to-person and premise -to -premise transfer of..an on=sale general (bona fide public eating..place) license from Mr. Lucky's of.Newport Beach; to W: W.'Yacht Enterprise, Incorporated, Richard A. Higbie, President, 1700 Placentia Avenue; Application for a person-to-person transfer of an on -.sale beer: license from B'everly.A. Saladee to Robert D. Schriefer and Charles E. Walker II, 1830 Newport Boulevard; Application for person-to-person transfer of an on -sale general license from John W. Keating to Pacific Fish and Seafood, Incorporated, Walter M. Talbert, President, doing business as The Likker Store, 2602 Newport Boulevard; -Application for person-to-person transfer of an off -sale beer and wine license'from Jeanette and Richard'C. Staple - don to The Southland Corporation, 486 East 17th Street; Application for person-to-person transfer of an on -sale beer and wine (bona fide public eating place) license from Ann L. and James E. O'Dowd to Jim A, and Elizabeth M: -Green, doing business as the Bull and Bush, 87.7 West 19th Street; Application for an original off -sale beer and wine license from Ports -of Call Imports, Norman Kreiss, President,. 3088 Bristol•Street; Application for an original on- sale'beer and wine (bona fide_ public eating place) license from Luis S. bivito, doing business as Two Guys from Italy, 226.7 Fairview Road. 1 1 1 of the application.of Southern California Gas Company for increase in gas rates and authority to include a purchased "gas adjustmentprovision in its tariffs; acid -a letter -enclosing a.copy of Rule 17.1, an order instituting investigation on the Commission' -s own motion into methods of compliance with the Environmental' -Quality Act of 1970. Local Agency Communications were received from the Local Agency Formation Formation Commission as! -follows: Notification that a public hearing will be held on the proposed annexation to the City of Costa Mesa and Costa Mesa Park and Recreation. District, designated Masch- meyex Annexation; and'a letter advising that the Commission will make a determination on the proposed annexation to Costa Mesa Sanitary District, desig- nated Engineer's No. 149. Jesko A letter. from Mrs. Thomas Jesko expressing gratitude and appreciation to the'City Council for the plaque presented her for 20 years of service. Cathodic Protection Bulletin -No. 74-1, "Cathodic Protection Well Wells Standards; State of California," from the Department of Water Resources, giving guidelines for the con- struction and destruction of cathodic protection wells in California. Abandoned and An anonymous.card from a Costa Mesa resident, com- Dismantled Vehicles, mending the City Council for their'Action on abandoned and dismantled vehicles, and complaining about a lot on Melody Lane that has three old school buses on it. Alcoholic Beverage Licenses End - Reading Folder Alcoholic Beverage License Applications, for which Planning approved parking, were received as follows: Application fox stock transfer of a beer and wine wholesaler license.from Pop Wines of California, Incorporated, doing business as Montcalm Vintners, 3001 Red Hill Avenue,Suite 222, Building IV; Appli- cation for person-to-person and premise -to -premise transfer of..an on=sale general (bona fide public eating..place) license from Mr. Lucky's of.Newport Beach; to W: W.'Yacht Enterprise, Incorporated, Richard A. Higbie, President, 1700 Placentia Avenue; Application for a person-to-person transfer of an on -.sale beer: license from B'everly.A. Saladee to Robert D. Schriefer and Charles E. Walker II, 1830 Newport Boulevard; Application for person-to-person transfer of an on -sale general license from John W. Keating to Pacific Fish and Seafood, Incorporated, Walter M. Talbert, President, doing business as The Likker Store, 2602 Newport Boulevard; -Application for person-to-person transfer of an off -sale beer and wine license'from Jeanette and Richard'C. Staple - don to The Southland Corporation, 486 East 17th Street; Application for person-to-person transfer of an on -sale beer and wine (bona fide public eating place) license from Ann L. and James E. O'Dowd to Jim A, and Elizabeth M: -Green, doing business as the Bull and Bush, 87.7 West 19th Street; Application for an original off -sale beer and wine license from Ports -of Call Imports, Norman Kreiss, President,. 3088 Bristol•Street; Application for an original on- sale'beer and wine (bona fide_ public eating place) license from Luis S. bivito, doing business as Two Guys from Italy, 226.7 Fairview Road. 1 1 1 : �!,Gq.o, Associated.In-Group A Notice of Intention to -Solicit for Charitable Donors- Purposes from -Associated I-n-Group.Donors, 3727 West Sixth Street;'. -hos Angeles,- by" payroll deduction pro- gram -for 'Commerce. and Indus -try, on May 1, 1973, through Apri1,30, -1974, was approved with Section 6914J waived. National Cystic A Notice of Inte . ntion to:Solicit for Charitable Pur - Fibrosis Research pos.e.*from-Orange County Chapter, National Cystic Foundation Fibrosis -Research Fouiidationj 1784 West Lincoln Avenue, Suite E, Anaheim, by door-to-door solicitation, on. - June. -:2_0 -through. July. 20, 1973, was approved with Section 6914J waived. Business-1ice - nses.. A busines's license application from Rachelle and Ronald Family Fun Center -Marcus,,Family Fun -Center, -:16215 Scotch Pine Street, Fountain Valley, for two, -or- three bowling games, three candy machines, 11 pinball games, two hockey games, one diving skill gaiffie, and four shooting games, at 270 East 17th Street. --was approved. Ostrin Auctioneers A business license application from Gary Ostrin, Ostrin Auctioneersi-..-.738-East-,12th-.Street, Los Angeles, for a one -day auction,. on April -23, 1973, at 535 West 19th Street, was ratified. Sears Employees A business license application from Sears Employees' Association As.sociatioh,-.400 West Warner Avenue, Santa Ana, for a one -day employee benefit, June 9, 1973, from 8:00 p.m. to 1:00 a.m.,.at, the Orange County Fairgrounds, Com- munity :Services .-3uilding,. was approved. Davels.Antiques A business,license.-application from David Goodwin, Dave7,s'Antiques, 2193..Fair.view Road, Costa Mesa, for a one -day -auction, April -30;_1973, at the Orange County Fairgrounds., -Arts and .Crafts Building, was ratified. Holiday Inn A.busin business license application from Holiday Inn, 3131 Bristol -Street- Costa-Mesa;,for a yearly dance license, for which.Police and Fire Departments recommended approval, was approved. Classics. Car Club A business: license application from Classics Car Club., Charlie,Lopez, President,".Post.Office Box 6399, Santa Ana, for a Car Show and Exhibition at the Orange County Fairgrounds,, New: -Products --Pavilion, August 4, 1973, from 12:00- noon- to 10:00.'p.m.,,was approved. R=73-06_ = -Rezone-Petiti on.,R-773"706,..Richard A. Sewell, Incorporated, Sewell 434-A,East-17th,St.r31 .eet for permission to rezone property ., HearingSet locateV�' at.-l57,.j63,_and,l65-East 18th Street, from Cl to-.R4-CPy;was set for public hearing at 6:30 p.m., May 21., 1973. Abandonment of Onrmotion-by.Councilman..Jordan., seconded by Councilman Street "All Raciti.,'a:request for. a . proposed abandonment of Street Banning,Tjc-act "All in Lot ,'.A"'of the Banning Tract, was set forpublic Resolution.73.46 hearing at -6:30 -p.m -.3 June 4, 1973, and Resolution 73-46, Hearing Set being,A RES-OLUTION,.OF,THE.-CITY COUNCIL OF THE CITY,.OF. COS.TA.,MESA,:'CALIFORNIA,-..PECLARING ITS INTENTION TO ORDER THE-VACATION,,OF,PO1t1ONS OF LOT "A", BANNING TRACT., AND _PORT1ONS.OF LOT 75, FAIRVIEW FARMS-, IN THE CITY OF COSTA MA 'was adopted by--,the-following roll call vote: - AYES: -.Councilmen:.. H� ammett Jordan, Pinkley, Wilson, Raciti NOES: Councilmen:'.• None. ABSENT:, Councilmen: None Refunds A request from Oscar Robinson, 348 East 22nd Street,. Robinson Costa Mesa, for refund. of :fee on Building .Permit No. 32091, as project was .cancelled, was approved in the amount of $70.55, or..85 .percent of fee, as recommended by the Director of Building Safety, by the following roll call vote: AYES: Councilmen:, Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen:.< -None ABSENT: Councilmen:. -None. Atlas Builders A request from Atlas Builders, 2432 Newport Boulevard, 'Costa Mesa, for refund of•fee on Building Permit No. 32091, as project was cancelled, was approved in the amount of $55.25, or 85 percent of fee, as recommended by the Director of Building Safety, by the following roll call vote: - AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES:. Councilmen:' None ABSENT: Councilmen:, None McCracken A request from George McCracken, Incorporated, for refund of plumbing permit fees for Heltzer'Tract No. 6245,'as duplicate permits were issued, was approved in the amount of $587.50, as recommended by the Director._ of Building Safety; by the following roll call vote: AYES:- Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: .None Prime Properties A request from Planning Department for refund of cash Development deposit accepted as insurance of completion of building requirements at 1599 Superior Avenue from Prime Pro- perties -Development Company, 501 Superior Avenue, Newport Beach, was approved.and cash.deposit, in the amount of :$1,078.80, exonerated as Planning Department certifies that requirements have been met, by the following roll call vote: AYES: Councilmen:. Hammett,'Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen:- None Belous A request from Planning Department for refund of cash deposit accepted as insurance:of compliance with condi- tions of ZE-72-39, 2126 Thurin Avenue, for Mr. Paul Belous, 350 East 17th Street, Costa Mesa, was approved and cash deposit, in the amount of $3,000.00; exonerated as Planning Department certified that requirements have been,met, 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 deeds were accepted and Deeds ordered placed on record with the Orange County. Recorder, by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson,.Raciti NOES: Councilmen: None ABSENT: -Councilmen: None 1 i F�l DEED NAME FOR STREET 2255 James. N., Claire T., 19th Street Thomas M., and Alice S. Goode 2241 Genji and June S. Bear Street - Kawamura Agreement A right of way agreement from the Newport -Mesa Unified: Newport- ' Mesa School District for.Arterial Highway Financing Project Unified School Parcel Nos. 8 and 9, Fairview Road, was accepted and District the -Mayor and.Clerk authorized to sign on behalf of the City, by the follo ' wing.roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen. None Claims The.followin,g claims received by the,Clerk were referred to the City Attorney:- Automobile Club of Southern Cali- fornia; LouisG. F.akh.oury;.Frank E. Braze. Mayor Hammett A request from Mayor Hammett to be.out of the country from Out of Country May 11 through May 22,.1973, was approved. Conference On,motion by -Councilman Jordan, seconded by Councilman Advances Raciti,, the -following -advances were approved: Council - mat to attend Mayors',and.Councilmenis Legislative onferencein Sacramento, in the amount of $125.00; and Conference Police Department employee to attend University of Southern California-Police'Executive Development Seminar in.,La Jolla, in.th . e amount of $136.00, by the following roll call vote:, AYES: Councilmen: Hammett, Jordan, Pinkley,. Wilson, Raciti .,NOES: Councilmen:. None ABSE.NT:-:C(juncilmen: None Notice.of Completion The.City Cbun-cil,.,accepted-the:improvements, authorized Tract 6582 Notice ;of Completion to be filed, and exoneration of Modular Technology bonds after ,35 -days, for Tract 6582, Modular Technology, Incorporated, 44 lots and Lot "A", located west of Bloulevard.and-south of the San Diego Freeway, by -Harbor the ..following, roll call -vote: `AYES: -Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti ---NOES: Councilmen-. None -ABSENT: Coun,cilmen:% None Agreement The City -Council approved a cooperative agreement with County of Orange the County of Orang.e.for-street improvements on Bear Bear Street. Street,from Wakeham'Avenue to 1,385 feet south of the San Diego Freeway, with -the construction contract to be admitiistered..,by-the-City in an approximate amount of $25,000.00, and authorized the Mayor and Clerk to sign on,behalf of -the City; by the following -roll call vote: AYES:. .Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES:. Councilmen: None County of Orange ABSENT.: Councilmen:. None The City Council approved a request to the County of Placentia Avenue Orangeto increase -participation in Arterial Highway Increase Financing Project No. 665, Placentia Avenue from south Resolution 73-40 City.limits toll9th Street, inan amount of $46,000.00, and adopted Resolution .73-40, being A RESOLUTION OF THE CITY. -COUNCIL OF,THE-,CITY OF COSTA MESA, REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATED FUNDS FOR :.-ARTERIAL HIGHWAYFINANCING PROJECT NO. 665; PLACENTIA AVENUE, by the following -roll call vote: S-72-11 The City Council accepted the improvements on -the Irvine Industrial northeast corner `of Airway and McCormick Avenues, for Complex S-72-11, with the exception of -Condition No. 5 for a Notice of street light which is to be installed as part of the Completion development.of Tract -8072, by the Irvine Industrial Complex, -authorized the Notice of Completion to be filed, and exoneration of bonds after 35 days, by the following roll call vote: AYES:. C6unilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES-: Councilmen: None ABSENT: Councilmen: None F F_ Excavation AYES;, Councilmen:...,Hammett, Jordan, Pinkley, Corona del Mar- Wilson, Raciti Newport Freeway NOES:.. Councilmen: None Interchange ABSENT:. Councilmen: None Asphalt Concrete Bids received for Construction of Asphalt Concrete Overlay and Patch Overlay and Patch Work on City Streets are on file in Work on City the Clerk's office: On motion by Councilman Jordan, Streets seconded by Councilman-Raciti, the contract was Contract Awarded awarded in--the•amount of $222,360.00 to Sully -Miller Contracting Company, as having submitted the lowest bid-meeting-specifications,.by the following roll call vote: AYES: Councilmen: Hammett, Jordan,-Pinkley, Wilson, Raciti NOES:- -Councilmen: None ABSENT: Councilmen:' None Slurry Seal Bids received for.Appl:ication of Slurry Seal on City Contract Awarded Streets. are on file -in the Clerk's office. On motion by Councilman Jordan, seconded by Councilman Raciti; the -contract was awarded in the amount of $78,840.00 to Flex -Paving and Engineering, Incorporated, as having submitted the lowest bid meeting specifications, by the following roll call vote: AYES -:-,Councilmen:-• Hammett, Jordan, Pinkley, - Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Right of Way The City Council approved a right of way certification Certification verifying that all -necessary right of way within the Santa Ana.and City of Costa Mesa has been acquired for the improve - Red Hill Avenues ment of Santa Ana and Red Hill Avenues, from Mesa Drive to 1,300 feet northerly of Bristol Street. for Arterial Highway Financing Project No. 573, and no building improvement exists within the right of way area, and authorized the Mayor and Clerk to sign on behalf of the City, by -the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wils-on, Raciti NOES: Councilmen: None ABSENT: Councilmen: -None S-72-11 The City Council accepted the improvements on -the Irvine Industrial northeast corner `of Airway and McCormick Avenues, for Complex S-72-11, with the exception of -Condition No. 5 for a Notice of street light which is to be installed as part of the Completion development.of Tract -8072, by the Irvine Industrial Complex, -authorized the Notice of Completion to be filed, and exoneration of bonds after 35 days, by the following roll call vote: AYES:. C6unilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES-: Councilmen: None ABSENT: Councilmen: None F F_ Excavation The City Council approved a request to file -a letter Corona del Mar- with the State -encouraging expeditious processing of Newport Freeway plans and excavation in existing, right.of way to Interchange provide 'the embankment for•the Corona del Mar -Newport Freeway -interchange s Parking Prohibition A -request from the Traffic Commission for parking Bicycle Zane prohibition for a bicycle lane on Mendoza Drive, between Mendoza Drive Baker Street and.,,El Camino"brive, Monday through:Friday except .holidays, on the westerly curb from 7:00 to 9:00 a.m., and on the easterly curb.from.2:00 to 4:00 p.m., was: -presented.• --On motion by Councilman Jordan, Resolution 73-41 seconded by .Councilman Raciti, Resolution 73-41, being A RESOLUTION OF.THR.CITY COUNCIL.OF THE CITY OF_COSTA MESIV PROHIBITING PARKING ON PORTIONS OF MENDOZA,.DRZVE FOR THE PURPOSE;OF ESTABLISHING BICYCLE.LANES.-DURING SPECIFIED HOURS, wast adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSRNT: Councilmen: None Parking Prohibition. Monrovia. ",-Avenue.-.. Newhall Street Red Hill Avenue Resolution 73-42 Stop Sign. Bernard. Street Resolution 73-43 Business License Itinerant Flower Sales Denied. Refund William Rossworn and.Associates Removed from Agenda., Right of: Way Deed and,:Agreement Wakeham .' Bear Street A-request.trom'the Traffic Commission for parking .prohibition on thewesterly curb of Monrovia Avenue from 160 . fee -t to 290 feet north. of the centerline of 16th,Street, Hope.Haven School; both -sides of Newhall..S.tree.t. from Monrovia Avenue to 660 feet westerly, from 8:00 p.m. to 6':00 a.m..; and Red Hill Avenue .from:Brstol..$treet to the -San Diego Freeway, was presented. On motion by Councilman. Jordan, seconded by_Councilman Raciti; Resolution 73-42, being`A RESOLUTION'OF THE 'CITY COUNCIL OF THE CITY OF:.COSTA. MESA, ..CALIFORNIA, PROHIBITING PARKING ON MONROVIA AVENUE, ON NEWHALL STMT, AND .ON RED HILL AVENUE AS PROVIDED FOR IN:SECTION 3410.3 (d) OF THE MUNICIPAL CODE, wasadopted by the following roll -call .vote-: AYES,: Councilmen: Hammett; Jordan, Pinkley, Wilson, Raciti NOES: .Councilmen: None ABSENT:;..Councilmen: None A..request from_.the.Traffic Commission for a stop sign on Bernard S.tree,t-at.Maple Avenue was presented. On .motion by Council.man.Jordan,, seconded by Councilman Raciti,:Resolution.73-43,.being A RESOLUTION OF THE .CITY.COUNCIL OF. .THE CITY OF COSTA MESA AUTHORIZING THE ERECTION-,OF.STOP SIGN ON BERNARD STREET AT MAPLE AVENUE, was adopted by the following roll call vote: AYES; .Councilmen;. Hammett, Jordan, Pinkley, Wilson, Raciti NOES: .Councilmen: None ABSENT: Councilmen: None Item.4 onthe Consent Calendar, a business license application from.John Patrick-0'Connell, 2787'.S6uth Coast Highway, Laguna Beach, foritinerant flower sales . on,Friday.and,Saturday.of each week and holidays at the southeast.corner of Sunflower,Avenue and Fairview Road, .was presented. .John..O'-Connell spoke in support of the application. It is'Council policy to deny this type of application.-.in.the.best interest of'the City. On motion by-Councilman►Wilson;..seconded by Councilman Raciti, and ,carried, the business license application was denied. Item' 18 on.the Consent Calendar, a request from the Planning Department to:refund $640:00, which was accepted to_ins ure,conditions':of ZE-7.2" 41--A at.376 East Bay.Street, for William Rossworn..and,issociates, 1850 East.17th Street_Suite:118,..Santa..Ana,.,was presented: On motion by-Councilman--Jordan,-seconded-by Councilman Raciti, and. carried, the xequest..for refund was removed from the .Agenda as: no action.was required. ..Item 21 on the�Consent:Calendar, a Right of Way Deed from Hubert H.. Wakeham,.was.presented. The City Manager informed -Council that an accompanying agreement had also , been re.ceived;..and,should be.,noted. On motion by Council- man Raciti, seconded by. -Councilman Jordan, the -Right of Model Bicycle Ordinance Resolution 73-44 Bicycle Lanes Proposed Ordinance Held Over Teaching Hospital, University_ot . California Resolution 73-38 Way Deed, No. 2240, and agreement, from Hubert H. Wakeham for BearStreet, were accepted, -the -Clerk directed to place the deed on record with'the Orange County Recorder, and the Mayor and Clerk authorized to sign the agreement on behalf of the City, by the following -roll call vote: AYES: Councilmen:, Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None .ABSENT: Councilmen: None Item 37 -on the Consent Calendar, a proposed resolution recommending establishment of Model .Bicycle Ordinance for California, Iwas -presented.. On motiion by Council man Wilson, seconded by Councilman Jordan; Resolution 73-44,'being A RESOLUTION-.OF,THE CITY COUNCIL OF THE CITY .OF COSTA MESA, CALIFORNIA,, URGING THE STATE LEGISLATURE TO DEVELOP A MODE. BICYCLE ORDINANCE, was adopted by the following roll call.vote: AYES: Councilmen.:".Hammett, Jordan, Pihkley, Wilson, Raciti NOES: Councilmen: None ABSENT: .-Councilmen— None Item ,38 -on the Consent Calendar,'a proposed ordinance establishing bicycle lanes in the City of.Costa Mesa,, was presented. .Councilman Wilson suggested the follow- ing,amendments•be included.in the ordinance: it shall --be unlawful to drive -a motor :vehicle in or through an. established bicycle lane; it shall be.unlawful for a bicycle to be ridden on the sidewalk;. and it shall be unlawful to ride on the wrong side,of the street unless .in a marked bicycle lane. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the proposed ordinance was held over to the meeting of May 21, 1973, and ,the City Attorney directed to .research the relation between the proposed ordinance, the amend ments, and the State Vehicle Code. Mayor Hammett -presented a request to support establish - an on -campus Teaching Hospital at the University of California, Irvine. Resolutions have been received from the City of Huntington Beach, and the Friends of the .University of California, Irvine, urging support. A letter received from John F. Farrer, M.D.., President of the Orange County Medical Association, enclosed a survey indicating the opinion.of local physicians. Dr. Stanley.vanden Noort, Dean of the Medical School at the University of California,'Irvine, spoke -in support of the Teaching Hospital. Dr. John Farrer, President of the -Orange County Medical Association, relayed the information contained 1n the survey conducted by the association. After discussion regarding the moderniza- tion of Orange County..Medical Center and the added benefit to, be derived from -.the Teaching Hospital, Councilman Pinkley made a motion, seconded by Councilman Wilson, to support the request for support. Mr. -Eugene Bergeron, President of the Costa Mesa Chamber of Commerce, announced that the Chamber of -Commerce had unanimously voted to support -,the Teaching Hospital. Mayor Hammett suggested the resolution limit the hospital. to 200 beds, and be approved'on the basis that the Orange County Medical Center and outside clinics be maintained. Resolution 73-38, being A RES.OLUTION OF THE CITY COUNCIL. OF THE -CITY OF COSTA MESA.IN.SUPPORT OF THE UCI SCHOOL - OF MEDICINE ON -..CAMPUS TEACHING,HOSPITAL, was adopted.on motion by Councilman Pinkley; seconded by Councilman Wilson, and carried, by the -following roll call vote: 1 1 1 AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES., Councilmen: None ABSENT: Councilmen: -None Warrant On motion by Councilman Wilson, seconded by Councilman Resolution 773 Pinkley, Warrant Resolution 773 was approved by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ..ABSENT: -Councilmen: None Warrant On motion byCouncilman.Jordan, seconded by Councilman Resolution 774 Wilson, Warra'n*t Resolution 774, including Payroll 7308., was. approved by,the,following, roll call vote: AYES:. -.,Counci.1men:- Hammett, Jordan Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen,, None Urgency Ordinance The-City Attorney presented a'proposed urgency Regulating Nudity ordinance for the.purpose-bf regulating nudity in business establishments.- On.mbtion by Councilman Ordinance-73-1.8 Wilson., se.conded.by Councilman Raciti, ordinance 73-18, being-AN URGENCY ORDINANCE OF'THR CITY COUNCIL OF-THE CITY OF COSTA MESA MAKING-IT A MISDEMEANOR FOR THE UNLAWFUL;EXPOSURE-OF PRIVATE.-PARTS AND FEMALE BREAS'TS' WHILE ACTING OR EMPLOYED-AS-,A'WAITER,.WAITPESS OR ENTERTAINER IN, ANESTABLISHMENT SERVING,FOOD,AND BEVERAGE,,INCLUDING BUT,NOT.LIMITED TO ALCOHOLIC BEVERAGES-FOR-CONSUMPTION-014 THE PREMISES, was adopted by the following roll,.,call vote: AYES.; Councilmen:. Hammett, Jordan, Pinkley, Wilson, Raciti NOES,: Councilmen: 'None -ABSENT.: Councilmen: None Costa Mesa,City The City Manager presented.a'request from the Costa Golf Championship, ..-,Me,sa, Golf and.. Country. Club. Men-'s Club to procee& with 'Tournament a Costa Mesa City Golf,-Championship Tournament, -to be hd.ld:,on September.8-and 9, 1973. The cost to the City would include a $500.00 checking account to cover miscellaneous expenses-incurred before the entry fees-are received, some clerical assistance,- and other minimal expenses. On motion by Councilman Wilson,.seconded by Councilman Jord=5 the request to 'proceed. with-a,CostaMesa-City Golf Championship .Tournament was approved by.the following roll call vote: ..AYES- Councilmen: Hammett, Jordan, Pinkley; Wilson, Raciti .-,NOES::. Council-men: None-. -ABSENT; Councilmen:.. None, Public Hearing The .Clerk announced.thAt this. was the time and place General Plan lan ...set','fox 'continued public hearing from the meeting of Amendment�GP-72-02 April 16.,. 1973i,-General:.PlAniAirtendment GP-72-02 for Parcels _.9 and, -10 Parcels 9,- and -10,- -in the :area bounded by Sunflower .-Avenue.3, San•-.Diego'.Freeway.,. Bear Street, -and Fairview Road,- ,,No communications,-have-�be en.received. Mr. Dennis D. Hayden,-representing..!George and Elizabeth Phillips,.-.and-Louise Hutton;-;owners of Parcel 9 and the northerly four acres;.of Parcel 10, stated that the ..Property owners,have-requested.-that Parcel 9 be zoned High Density, :and`-the.northerly four acres of Parcel 10.be zoned:Administrative-and Professional. The 1 1 1 definition of zoning requirements and compatibility of requested zoning with the surrounding properties were discussed. There being no other speakers, Mayor Hammett closed the public hearing. On motion by Councilman Jordan, seconded by Councilman Wilson, Resolution 73-39 Resolution 73-39, being A'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING THE GENERAL PLAN 1990, BEING A PLAN OF ZONING FOR THE CITY OF COSTA MESA, was adopted, amending Parcels 9 -and 10 of General Plan Amendment GP --72-02 to Medium Density by the following roll call vote: AYES: 'Councilmen: Hirfinett,.Jordan,''Wilson NOES: Councilmen: Pinkley, Raciti --ABSENT6 'Councilmen: None Public Hearing The Clerk announced that''this was the time and place R-72-31' set'for public'hearing for Rezone Petition R-72-31, Williams Paul R. Williams, 2957 Randolph Avenue, Costa Mesa, for permission'to rezone property located at 2934 Bris-tol Street',' -from Ml'to Cl -CP. The affidavit of publication is on file in the Clerk's office. No communications have been received... The Planning Commission recommended, denial. . A study, which includes this property, is presently being conducted by the Planning' Department. Mr. Paul Williams — ..informed Council that currentnegotiations for the sale of 'this property are contingent upon the zoning change. Mr. E.'Pope, owner or adjoining properties, spoke in support of the application. The Director of Planning informed Council that a study of Randolph Street and Bristol Street have been combined into what'is'now referred to' as the Golden Triangle Study, which should be completed by September, 1973. There being no other speakers, Mayor Hammett closed the public hearing. On motion by Councilman Jordan, Ordinance 73-19 seconded by Councilman Wilson, Ordinance 73719, being First Reading AN ORDINANCE`OF"THE CITE' COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA; CHANGING THE ZONING OF A PORTION OF LOT -92, BLOCK -E, -BERRY TRACT, FROM Ml TO CI --CP, was given first'reading and passed to second reading, by thefollowing 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 place R-73-02.- set .for public hearing for Rezone Petition R-73-02, Cole Helen Cole, 300 Main Street,.Balboa, for permission to rezone property located at 927 Paularino Avenue, from Denied Rl to R2. The affidavit of publication is on file in the -Clerk's office. The Planning Commission recom- mended denial. No communications have been received. Mr. Donald Meehan, 12552 Green Willow Drive, Garden Grove, representing the applicant, spoke in support of the'application informing Council that he -is currently negotiating for purchase of the property from Helen Cole, and the transaction is.contingent on the rezone. Mr. Byron Edgerly, a residerit, and Mr. Jon Schorl.e, 968'Denver Drive, spoke in'opposition. There being no other speakers, Mayor Hammett closed the public hearing. On motion by Councilman Wilson, seconded by Councilman Jordan, Rezone Petition R-73-02 was denied, by the following roll call vote:' AYES:- Councilmen Hammett, Jordan, Pinkley, Wilson, Raciti NOES. Councilmen t" None ABSENT: Councilmen:. None 1 1 1 Recess -The Mayor declared a recess at 8:25 p.m:, and the meeting reconvened at 8:30 p.m. Beverly Carey Mayor Hammett introduced Mrs. Beverly Carey. Mrs. Carey thanked the Council .for the resolution presented by the Council commending her for con- tributions during„her.Chai.rmanship of the United Business License States Bicentennial.Committee,_of Costa Mesa, The.Clerk application for business Ztinerant.Flower .presented.an license from Jesse B..Gibbs and Stanley V. Sheffin, Sales American Floral Service-, 3225 Dakota Avenue, Costa GibbsandSheffin Mesa, for itinerant flower sales on Fridays, Satur- days, Sundays, and holidays, from September 30, Denied 1973, through July 15., 1974, from 8:00 a.m. to 7:00 pem., at seven locations. Mr. Jesse Gibbs stated that his application was for permission to operate a.secondary business,from;his home at 3225 Dakota Avenue, and various locations on public right,of way throughout the City. The applicant was informed that permiss..ion_for a home occupation can only be granted by means'of a public hearing with notification to properties located within 300 feet on either side of.the home, and are normally grantedonly in hardship cases.. On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried,.the business license' application was denied. Request.for Appeal The Director of Planning presented a.letter from R. J: Tentative Map 3586 Galloway anal,Associates, on behalf of J. H. Snyder Snyder. Company, requesting -an appeal of conditions on Tenta- tive Map 3586,. creating a one -lot subdivision for Hearing Set condominium purposes, locate'& at 174.1 Tustin Avenue. Mr. Jeff,Stack, 10918'Ashton:,.Avenue, Los Angeles, representing•the.Snyder Company, explained the reason for appealing Condition Nos. 2, 5,. 6, and 7. On motion,by-Councilman Jordan, seconded by Councilman Pinkley, and. carried, the request for appeal was approved.. On, motion by. Councilman Jordan, seconded by.Councilman...Raciti, the appeal hearing of Condition Nos. 2_, 5.,.6, and....7 on; Tentative Map 3586 was set to 'heard be at 6.:30. p.m. , May 21, 1973. Mr. Cliff Krueger, owner.of the property, approved the two-week delay as it related to purchase negotiations presently being transacted with the J. H. Snyder Company. Request for.Appeal The,Director.of Planning.presented a letter from Jon D. ZE-73-16 Schorl.e.requesting.a re -hearing on Zone Exception Jehovah's Witnesses ZE-73-16, Jehovah's Witnesses, for. permission to build a.religious.meeting hall in an.Rl zone at 955 Paularino Hearing Set Avenue., Mr. Jon'D._Schorle., 968 Denver Drive, repre- senting the local residents, explained that Council was not made fully aware of their opinion when the zone exception was previously heard. After discussion, on motion by Councilman -Jordan; seconded by Councilman Pinkley, and carried, Council granted the appeal to re -hear -the -evidence -concerning Council's approval on April..1:6, 1973,-for.Zone Exception ZE-73-16, Jehovah's Witnesses,•Central-Congregation,.1950 Church Street, and set the.,appeal hearing Ior 6:30 p.m., on June 4, 1973,. or-as.soon thereafter. as may be heard. Carver Craft The Director of Planning presented a letter from Carver. ZE-73-28 Craf.t,:Distributors. requesting.an appeal of Condition - A.peal Granted :No.,7. on Zone Exception;ZE-73-28, for construction of a 2,50.0-square.foo.t commercial.building with a reduction in parking standards, a -.total of 44 spaces required -. 16 provided, in 'a C2 zone.at 1998 Harbor Boulevard. The applicant spoke in support of the application. After discussion, on motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the request to appeal was granted, and Condition No. 7 amended to read: "Within six months, owner shall record with the County of' -Orange, as a statement of the"deed declaration and "covenants, that should this property be'sold,'leased, or undergo any other action causing new business occupancy, said legal heirs, representatives, successors; assigns, lessees or purchasers shall request a Zone -Exception Permit from the City of Costa Mesa permitting a reduction of parking prior to 'taking possession of said premises; provided; however, that if appropriate zoning'has been granted and -required parking installed, said deed need not be recorded." Tentative Map The Director of Planning presented .Tentative Map of Tract 8277 Tract--.8277, Richard Sewell, 434-A.East 17th Street, Sewell Costa Mesa, for permission to divide property located at 2675 Eldeii'Avenue, Costa Mesa, into 10 lots. Mr. Sewell spoke in -'support of the -Tentative Map. After discussion, on motion by Councilman Jordan, seconded by Councilman Wilson, -and carried, Tentative Map of Tract 8277 was approved subject to conditions contained in Planning Department' -s letter, dated April 19, 1973. ZE-73-19 The Director of Planning presented an application for Sewell Zone Exception ZE-73-19, Richard A• -Sewell, Incorpor- ated, 434-A East 17th Street -','Costa Mesa, for permission to.construct 10 triplexes on 10 lots, Tentative_ Tract 8277, with an overall density of one unit per 2,684 square feet, 11 percent deviation, and to allow certain ..deviations in parking and setback requirements, in an R2 zone_, located at 2675 -Elden Avenue. Mr. Sewell agreed _t"o all conditions, and stated that arrangements are being made regarding the noise factor created by barking dogs at a.neighboring veterinarian hospital. A motion by Councilman Wilson, seconded by Councilman Pinkley, for approval, was followed by discussion. The motion was'amended to include Condition No. 10, Which would req=uire that prior to construction the developer must 'take s"teps'to alleviate the dog noise from the veterinarian hospital. The amended motion failed'to carry, Councilmen Wilson, Jordan, and Pinkley voting no. Mr..Courtney, real_estate represen- tative, stated that escrow instructions on the property at 2675 Elden Avenue provide for an agreement between the developer and the veterinarian hospital. After discussion, the original motion for approval subject to conditions of the Planning Commission was carried by unanimous vote. ZE-73-30-, The Director'of"Planning presented an application for Joyner Zone Exception ZE-73-30, Schuyler C. Joyner, 3037 Capri Lane, Costa Mesa,.for permission to encroach five feet into the required five-foot side yard setback with an attached patio cover, in an Rl zone, on property located at 3037 Capri Lane. Applicant was present and -agreed to all conditions. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the application was approved subject to conditions. ZE-73-31 The Director of'Planning:presented an application for Kay Zone Exception ZE-73-31, Michael D. Kay; 1648-D Newport Boulevard, Costa Mesa; for permission to amend an approved 1°CP"-Site Plan, in a C2 -CP zone, Located at 1 1 1 ZE- 73-32 Slowikowski ZE-73-33 Sundberg Redevelopment Agency Study.Session Oral Communications Councilmanic Comments Assembly :Bill 1301 1600.Superior'Avenue. The applicant agreed to . all conditions. A motion by Councilman Jordan, seconded by Councilman .Wilson, was followed by discussion. The motion for approval subject to conditions, was,.carried; Councilmen Pinkley and Raciti voting no. The Director.of Planning presented an application for Zone.Exception ZE-73-32, Joseph W. Slowikowski, 345 -Catalina Drive, Newport Beach-, dor permission to construct three units on 8,787 square feet, 2,929 square feet per unit, in an R2 zone, located at 446 Hamilton Ste reet: Thapplicant ag_reed'to all conditions... On motion.by.Councilman Wilson,, seconded by Councilman Jordan, and carried, the application was.approved.subject to conditions. The Director of Planning presented an application for Zone Exception ZE-73-33, Soren J. Sundberg, 232 Monte..Vista, Costa Mesa, fo.r.permission to construct afour-unit-apartment building; two units existing, a total .of -six apartment units.on 17;325 square feet of .land area (one unit per 2,887 square feet)..,in an R2 zone, located.at. 343,Ea&t 18th Street. The applicant was not pres.entr On -motion by Councilman Wilson,.-se.conded by Councilman Raciti; and carried, the application was approved subject to.conditions. -Mayor.Hammett announced that a meeting of the Costa - Mesa Redevelopment Agency will be conducted at -7:00 p.m.-., May 8, 1973, and -a:S'tudy Session at 7:30 ,p.m., May 8,- .1973. Mr.,-L.en.Schreiber, 88.4..West 19th Street, registered a.complain.t regarding the.general appearance of the adjoining.:-prope-r.'ty:at. 880: West 19th Street, sub- mi-tted pictures -indicating the nature of the problem, and requested.the.Ci-ty to take'.action. The City Manager said the City staff will investigate. Mr.:. Joe Donaldson, 2702,San Lucas Lane, complained about.vehicular:,traffic•driving off Bristol Street, ..through. the State. right -..of way, .and across his property. Mr. - Donaldson .feel's. this is a traffic -hazard.and.ha's.tried to prevent this usage without success,.but is.concerned about liability in the event there..were.an accident. --- Mr.' Robert ccident.Mr.'.Robert Voyles,.1684 Whittier Avenue, had addressed the Council.at their meeting of April 16-, 1973, and inquired as to what ac -tion has. -.been taken. The City. Attorney informed Mr.,Voyles that the City cannot take action.to remove one newspaper and not remove them all,. unless pornography can be -proven... • The Attorney's office is working on this but it is very difficult to prove :.Mr. Voyles suggested that the cases containing these new-spapers be constructed in such a way that the papers themselves are not.visible to passers-by, and was informed that.this would - have to include.all the papers.. The businessman does not have control of the sidewalk in front of his business if the State or City right of- way: includes that`, sidewalk. Councilman Wilson presented a proposed resolution requesting an extension of time for compliance with Assembly Bi11.1301, which..provides that California Adjournment The Mayor adjourned the meeting at 10:10 p.m. ATTEST: Mayo e City of Costa Mesa p City Clerk of the City of Co a Mesa 1 1 cities -shall conforin their land use zoning with 'their General Plans by July 1; 1973. On motion by Councilman Wilson, seconded by Councilman Resolution 73-45 Pinkley, Resolution 73-45I'being A RESOLUTION OF THE CITY COUNCIL'OF THE CITY'OF COSTA MESA, CALIFORNIA, REQUESTING`AN EXTENSION OF TIME FOR COMPLIANCE'WITH ASSEMBLY BILL 1301, was adopted by 'the following roll call vote: AYES: Councilmen:' '^ Hammett, Jordan, Pinkley, Wilson, Raciti NOES:- Councilmen: None' ABSENT: Councilmen:' None Intergovernmental Councilman Wilson commented on the Intergovernmental Relations Task Relations Task 'Force report -recently received. A Force Report short' dig cussiori'followed, 'and Councilman Wilson stated that copies of this report would be sent to his fellow Councilmen the next"day. Anniversary -Councilman'Pinkley announced that the City anniversary. Dinner dinner -'is planned for June'22,`1973, with plans being made'in coordination with the Chamber of Commerce. An effort is being made to keep the cost as economicalas possible so that all.- people may be included, and it will be necessary for the'City to assist financially. Orf motion by Councilman Pinkley, seconded by Councilman Jordan; -authorization wa's"granted to expend not more than $2,000.00 towards the dinner. Mayor Hammett' announced that invitations have been extended to many `governmental -officials- and a good response is expected. Bicentennial Mayor Hammett has received information regarding Committee possible State funding oLthe-Bicentennial Committee - Society Society if it meets requirements.. This Society has not --yet been formed, `and City Attorney will handle the -legal -requirements'. Paramedics Mayor Hammett has received several requests regarding 'the Paramedics'Program, and one request from Dr. Claire Weidem.er to support the program.in the County. The City Manager suggested that'the various inter -city governmental 'groups be employed as a'media to study this program before the City becomes involved. Mayor Hammett-ref'erred`to Assembly Bill 176, which permits the County to conduct a pilot program, and stated that' he would act as a subcommittee of one to keep the Council informed of any progress. Adjournment The Mayor adjourned the meeting at 10:10 p.m. ATTEST: Mayo e City of Costa Mesa p City Clerk of the City of Co a Mesa 1 1