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Home My WebLink About06/04/1973 - City CouncilREGULAR -MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 4, 1973 The City Council of.the City of Costa Mesa, California, meti,n regular session at 6:30 p.m.,.June 4, 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 and Invocation by the Reverend Doctor:James 0. Combs. Ro11'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 Proclamation Councilman Wilson.read a proclamation declaring June 10 Americanism Week - through June;;16,-1973, as.Americanism Week. On motion -b.y,Councilman Wilson, seconded by'Councilman Jordan, and carried, the proclamation was approved. Minutes The Mayor,declared the Minutes of the meeting of May 21, May 21,-1973 1973, approved as -distributed and posted. Bicycle Lanes - On motion by Councilman Jordan, seconded by Councilman Ordinance 73-20 Raciti, Ordinance 73-20, being AN ORDINANCE OF THE CITY . Adopted COUNCIL -OF THE CITY OF COSTA MESA ESTABLISHING PORTIONS OF.CITY STREETS AS.BICYCLE LANES, REGULATING VEHICULAR TRAFFIC -ON SAID LANES; -ESTABLISHING RULES OF THE ROAD FOR ;BICYCLES AND BICYCLE,LANES, AND MAKING PROVISIONS FOR APPROPRIATE SIGNS,FOR BICYCLE RIDERS, was adopted by the,following roll call vote AYES: -Councilmen: 'Hammett, Jordan, Pinkley, _Wilson, Raciti ' NOES:. Councilmenc None ABSENT: Councilmen:...None Regulation of On motion..by.Councilman Wilson, seconded by Councilman Construction and Jordan,_Ordinance.73-21, being AN.ORDINANCE OF THE CITY Abandonment of COUNCIL OF THE CITY OF COSTA MESA RELATING TO ABANDONED Wells WELLS, SUBMITTING..,TO.THE.JURISDICTION OF THE COUNTY WELL Ordinance 73-2.1 STANDARDS -ADVISORY: -BOARD, PROVIDING -FOR PERMITS FOR THE' Adopted DRILLING OF WATER WELLS, DECLARING ABANDONED WELLS TO BE PUBLIC.NUISANCES, PROVIDING -FOR ABATEMENT PROCEEDINGS, AND COSTS FOR SETTING FORTH WATER WELL STANDARDS, was adopted by the following roll call -vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Proposed The Clerk presented from --the meeting of May 21, 1973, a Resolution proposed resolution supporting Assembly Bill 594, relat- Assembly Bill.594 ing to. refund value of specific beverage containers. Held Over The proposed resolution was held over and re -introduced later in the meeting. On motion by Mayor Hammett, seconded by Councilman Jordan, this.item:was held.over to the adjourned meeting of June 26, 1973, by the follow- ing .roll call vote:. AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: -None ABSENT: Councilmen: None Retirement Plan The Clerk presented from the meeting of May 21, 1973, Amendment No. 7 Retirement Plan Amendment No. 7, paragraphs 2 and 4. Paragraphs 2 and 4 On motion by Councilman Wilson, seconded by Council - Held Over man Pinkley, this item was held over to. the adjourned A resolution.from the City of Tustin urging the meeting.of June 26, 1973, by the following roll call plete -the study of the Santa Ana River Basin Flood vote: Hazard. Senate Bill 90 AWES: Councilmen: -Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen':- None CONSENT CALENDAR ITEMS:The following items were removed from the Consent Calendar for discussion: Item 8, a business license application from Raymond Rohm, The Firehouse; Item 9, Abandonment of the.Spe- cific Plan for Patricia Place; Item 10, a proposal from the Costa Mesa Planning Commission to change the name of Frawley Drive; and Item 20, a request from . the Costa Mesa Bicentennial Committee for use of the Costa Mesa City Park. On motion by Councilman Jordan, seconded by Councilman Wilson, the remaining,Consent Calendar items were ap- proved by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Racitl NOES: Councilmen: None ABSENT: Councilmen: 'None Reading Folder The following Reading Folder items, in Consent Calendar, were received and processed: City Planning A letter from Diana Milroy, requesting less time be spent in pursuit of nude bars and dancers; and more time on City planning, referring to the April explosion. - 1 1 Public Utilities Public Utilities Commission, Decision No. 8141.0, Commission. amending General Order No. 72--A regarding construc- tion and maintenance of crossing at grade of railroads with public streets, roads, and highways. A Notice of Filing of Application No. 54065 with the . Public Utilities Commission, from Southern California Gas Company,..to.increase gas rates. Santa Ana River. A resolution.from the City of Tustin urging the Basin Flood Hazard United -States Congress. to appropriate funds to com- plete -the study of the Santa Ana River Basin Flood Hazard. Senate Bill 90 Resolutions from the cities of Fullerton, Westminster, and Buena Park, opposing the introduction -of bills by the.State Legislature containing exemptions from Senate Bill 90 reimbursement provisions. Alcoholic Beverage An Alcoholic Beverage License application, for -which License Planning approved parking; from Federated Department Stores, Incorporated, doing busineas,as Bullock's, 3333 Bristol Street, for an on -sale beer and wine End - Reading Folder license. Rural -type Mail A letter from the City,of Placentia, opposing an admin - Boxes istrative ruling -by -the United States Postal Service, requiringthat rural=type mail boxes be installed in certain,new housing tracts,. was received and processed.' Orange County Association for Retarded.Children Business Licenses West Coast Detectives and Special Police'.. Patrol Marquis Restaurant Southern California College Class of '74, 2525 Newport Boulevard,,.for a stand at 2525 Newport Boulevard. Balboa.Bay.-Corona•Swim Boosters, 1951 Port Nelson Place, Newport Beach, -.for a stand at 289 East 17th Street. Knights of Columbus, 17.78 Kenwood, for a"`stand at 1111 Baker Street. A Notice of Intention to Solicit for Charitable Purpose from Orange County Association for.Retarded Children, 2002 West -Chestnut Street,_:Santa Ana, by telephone soli - .citation and t,ruck..pick"up,..on June 5, 1973, through June 30, 1-973,.was• approved with Section 6914J waived. A,business license application from Stanley E. Comstock, West Coast=Detectives and'Special-Police Patrol, 1'543 West -Olympic Boulevard, -Suite 401, Los Angeles, for security -and -guard service at Fedco.Stores, 3030 Harbor Boulevard., was approved.' A business.license application from William C.. Brothers and Berj.Aghadjian, Marquis Restaurant, 1670 Newport Boulevard, for a yearly dance license, for which Police and Fire Departments recommended approval, was approved. The, Gas Company A business license application from Anthony E. Paley, The Gas Company, 1:550 Superior Avenue, for a yearly dance license, for which Police and Fire Departments recom- mended approval, was approved. Fireworks Permits The following.Fixework8 Permits, for which the Fire Department had granted -approval, were approved: Explorer Post No. 198, 2300,Placentia Avenue, for a stand at -2985 Harbor Boulevard; Boy,Scout Troop 313, 650 West Hamilton Street, for a stand at 468.East 17th Street. Cub -Scout -Pack 305, 2350 Canyon Drive, for a stand at 1895.Harbor-Boulevard.- Orange Coast B'nai B'rith,..3ll2 Pierce Avenue, for a stand at the northeast corner of Bristol Street and Paularino Avenue. Bethel 31.3 of The -International Order of Job's Daughters, 1401:,- 15th Street, Newport Beach, for a stand at.the'northeast-corner of Fairview Road and Sunflower Avenue. Newport Mesa -.Junior All American Football, 2747 San Juan'Lane,-for-a stand at„241 East.17th Street. Costa, Mesa High;.School, Wrestling Boosters, 2650 Fair- view: -Road at Arlington, for a stand at Harbor Boulevard and Adams Avenue. Boy..Scout Troop.106 and.666'; 2905 Red Hill Avenue, for. -a stand at 2180 Newport Boulevard. Youth.Services Ass;ociation,`2905 Red Hill Avenue, for a stand in the vicinity -of Red .Hill Avenue and Palisades Road., Veterans of Foreign Wars, Coastline Post 3536, 565 West 19th Street, for a stand at 707 West 19th Street. Irvine Jaycees, 4502 Robinwood Circle, Irvine, for a stand at 475 East 17th Street. Orange County Association for Retarded.Children Business Licenses West Coast Detectives and Special Police'.. Patrol Marquis Restaurant Southern California College Class of '74, 2525 Newport Boulevard,,.for a stand at 2525 Newport Boulevard. Balboa.Bay.-Corona•Swim Boosters, 1951 Port Nelson Place, Newport Beach, -.for a stand at 289 East 17th Street. Knights of Columbus, 17.78 Kenwood, for a"`stand at 1111 Baker Street. A Notice of Intention to Solicit for Charitable Purpose from Orange County Association for.Retarded Children, 2002 West -Chestnut Street,_:Santa Ana, by telephone soli - .citation and t,ruck..pick"up,..on June 5, 1973, through June 30, 1-973,.was• approved with Section 6914J waived. A,business license application from Stanley E. Comstock, West Coast=Detectives and'Special-Police Patrol, 1'543 West -Olympic Boulevard, -Suite 401, Los Angeles, for security -and -guard service at Fedco.Stores, 3030 Harbor Boulevard., was approved.' A business.license application from William C.. Brothers and Berj.Aghadjian, Marquis Restaurant, 1670 Newport Boulevard, for a yearly dance license, for which Police and Fire Departments recommended approval, was approved. The, Gas Company A business license application from Anthony E. Paley, The Gas Company, 1:550 Superior Avenue, for a yearly dance license, for which Police and Fire Departments recom- mended approval, was approved. .1: so Refunds A cash deposit was exonerated in the amount of $1,800.00 Stansell for Gordon R.-'Stansell.; 14681 Hyannisport Road, Tustin, for Building Permit No. 34925, as conditions Have been, met, as recommended by the Planning Department, by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Heritage A cash deposit was exonerated in the amount of $700.00 Construction for.Heritage Construction Company, 701 North West Street, Company Anaheim, posted to insure completion of landscaping, Condition No. 4.of ZE--72-84, as recommended by the Plan- ning Department, by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, -Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Atlas Custom A.refund of a cash deposit to Atlas Custom Pools, 11775 Pools Cardinal Circle, Garden Grove, Permit No. 8818, for a Pool Construction Bond,' was approved in the amount of $100.00, as recommended by the Street Supervisor, by the following roll -call -vote: AYES: Councilmen: Hammett; Jordan, Pinkley, Wilson, Raciti -NOES: Councilmen: None ABSENT: Councilmen: None Red -E -Rentals A refund of.the Relocation Bond in the amount of $1,500.00 to Red -E -Rentals, 2075 Harbor Boulevard, for- Building.Permit No. 35638, was approved 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 Duane Electric A refund to Duane Electric, Incorporated, 2740 East Spring Street, Long Beach, on Electrical Permit No. 35921, issued.on property located at 2636 Santa Ana Avenue which is under County jurisdiction, was approved ..in the amount of $16._45, 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 Right of Way The following right of way deed was accepted and ordered Deed placed on -record with the. Orange County Recorder, by the following roll vote: AYES: Councilmen:, Hammett, Jordan, Pinkley, Wilson, Raciti NOES:' Councilmen: None ABSENT: Councilmen: None DEED NAME FOR STREET 13 Vivian M. and Michael D. Superior Avenue Kay, Offer. to Dedicate Claims The following claims, received by the Clerk were referred to the City Attorney: Louis G. Fakhoury; David Ireys. 1 1 1 • � . .i.Ll Junior Civil On•motion:by Councilman Jordan, seconded by Councilman Engineer - Wilson, Resolution. -73 -50,. -being A RESOLUTION OF. THE Resolution 73=50 CITY -COUNCIL OF THE.CITY OF COSTA MESA ESTABLISHING THE POSITION:OF JUNIOR CIVIL ENGINEER AND ESTABLISHING THE COMPENSATION THEREFOR, was adopted by the following roll call vote:. AYES: -,Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Business License. Item 8 on the`Consent Calendar, a business license The Firehouse application from Raymond Rohm,.The Firehouse, 177 East 17th Street; for a theatre, -motion pictures, and live entertainment,.was presented. -The City Attorney advised the Council that the applicant has applied to the court for a Writ of Mandamus to compel the City to issue a license .to designate them a theatre. On motion by ',as Councilman Wilson, seconded by Councilman Pinkley, and carried,,a recommendation from the City Attorney to defer action on this matter pending reports'from the Police, Fire, Building,:_and Planning departments, and any other departments having jurisdiction.in this matter, was approved. Set for Public Items 9 and 10:on-the Consent Calendar, being a proposed Hearing -abandonment of the Specific Plan for Patricia Place as adopted by -Resolution 801:of the Costa Mesa City Council Proposed on December -19•, 1960, -and located in the general area Abandonment easterly of Parsons Street; approximately 300 feet Specific.Plan_for southerly of the centerline of Bay Street; and a pro - Patricia Place-: posal by the Costa Mesa.Planning. Commission to change the name-�of Frawley Drive$.between Red Hill and Airway. Street Name Avenues, to Kalmus Drive, were set for public hearing, Change from to.be held.on June 26, 1973,. -at 6:30 p.m., in the Council Frawley.Drive to. Chambers,.77 Fair.�Drive,.Cos.ta Mesa, by the following 'Kal.mus Drive roll call vote::, AYES: Councilmen:- Hammett, Jordan, Pinkley_, Wilson, Raciti NOES: Councilmen: None .,.ABSENT: Councilmen.:- None Costa 'Mesa ...Item 20:on the Consent Calendar, a request from the Costa Bicente,nnia-1. Mesa.Bicentennial Committee to -use Costa Mesa City Park Committee = on -July 4,. 19:73,...to hold a pancake breakfast, sponsored July.4, 1973 by.:.the.American .Legion, and a box lunch social sponsored Celebration by the Daughnters of the -American Revolution, was pre- sented... DoBull,; 1849 Anaheim Street, Chairman of the Bicentennial Committee., addressed the Council to,include in:their_request permission.to hold a fireworks display at..Orange_Coast Stadium, on the same date, for which admission will be charged at the rate.of 50 cents for adults -and 25 cents -for -children, to cover the cost of the fireworks. Mr. Bull explained that the Committee feels they will break even on this venture, but if expensesare not .covered,_ they are asking the City to make up -the-difference.-After discussion, on motion by Councilman Jordan, seconded by Councilman Wilson, the request for use of the Costa Mesa City Park was approved subject -to .conditions as .outlined in the City Manager's memo_. dated June -1,'197.3; and a fireworks display at the Orange Coast Stadium was authorized, with a -maximum expenditure -of $2$.00.00, if required, to promote adver- tising.for the City,by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, 'Wilson, Raciti NOES:- Councilmen: None ABSENT: Councilmen: None 9.2 Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 777 Wilson, Warrant'Resolution'.777, including Payroll 7310, 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 Wilson, seconded by Councilman Resolution 778 Pinkley, Warrant Resolution 778, was approved by the following roll call vote: AYES: Councilmen: Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Councilmen:' Hammett Warrant On motion by Councilman Wilson, seconded by Councilman Resolution 779 Pinkley, Warrant Resolution'779, was approved by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES' Councilmen: None ABSENT: Councilmen: None Pier 11 The City Attorney requested authorization to -file suit Authorization against Pier 11, 1976 Newport Boulevard, to enjoin a to File Suit public nuisance and the violation of the City's zoning ordinances. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the request was approved. Wells Marine The City Attorney presented a proposed resolution Suit'Against authorizing the County Counsel to represent the City in City litigation regarding ad valorem property taxes; filed by Wells Marine, Incorporated. On motion by Councilman Resolution 73-51 Wilson, seconded by Councilman Pinkley, Resolution 73-51, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE COUNTY COUNSEL TO APPEAR AND DEFEND THE CITY OF COSTA MESA IN CERTAIN LITIGATION, RELATING TO AD VALOREM PROPERTY TARES, was adopted by the following .roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None Proposed Ordinance The City Attorney presented a proposed ordinance amend - Amending Ordinance ing Ordinance 72-34 relating to the Uniform Fire Code. 72-34 On -motion by Councilman Jordan, seconded by Councilman Raciti, Ordinance 73-24, being AN ORDINANCE OF THE CITY Ordinance 73-24 COUNCIL OF THE CITY OF COSTA MESA AMENDING ORDINANCE First Reading 72-34 RELATING TO THE UNIFORM FIRE CODE, AND ADDING -THERETO CERTAIN SECTIONS RELATING TO THE ISSUING OF PER- MITS FOR THE USEAND STORAGE OF EXPLOSIVES, 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 TeWinkle Park The City Attorney presented a quitclaim from the.United Right of Way - States government, transferring certain property to the Quitclaim"Deed City of Costa Mesa, by which the City will acquire the TeWinkle Park right of way necessary for freeway pur- poses. On motion by Councilman Wilson, seconded by Resolution 73-54 Councilman Pinkley, Resolution 73-54, being A RESOLUTION CI 1 Fairview Road Widening Condemnation Resolution 73-52 Placentia Avenue Widening` Condemnation Resolution 73-53 -Proposal SUA City Hall Remodeling 1973-74 Budget OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CONSENTING TO`AN'AMENDMENT OF -THE QUITCLAIM DEED BETWEEN THE UNITED STATES OF AMERICA,'ACTINC THROUGH THE ADMINISTRATOR OF GENERAL SERVICES; AND,THE CITY OF COSTA MESA, DATED APRIL 28, 1960, AND SETTING FORTH THE REASONS THEREFOR, was adopted -by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, 'Wilson, Raciti NOES: Councilmen:. None ABSENT: Councilmen- None The City Attorney presented a proposed resolution authorizing condemnation proceedings for street purposes on Fairview Road. On motion by Councilman Jordan, seconded by Councilman Raciti, Resolution 73-52, being A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTERESTS AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN STREET EASEMENTS AND RIGHTS OF WAY FOR PUBLIC STREET PURPOSES, AND AUTHORIZING ACQUISITION OF SAID EASEMENTS AND RIGHTS'OF WAY BY CONDEMNATION AND DIRECT- ING THE `CITY.ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None. ABSENT: Councilmen: None The City -Attorney presented.•a_proposed resolution authorizing -condemnation proceedings for street purposes on Placentia Avenue.. 'On motion by Councilman Wilson, seconded.by Councilman Pinkley, Resolution 73-53,, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA .MESA;' CALIFORNIA; FINDING,;,DETERMINING, AND DECLARING THAT THE PUBLIC INTERESTS -AND. NECESSITY REQUIRE THE ACQUISITION OF CERTAIN STREET EASEMENTS AND RIGHTS OF WAY FOR.PUBLIC:STREET_PURPOSES, AND AUTHORIZING ACQUISI- TION OF SAID EASEMENTS AND RIGHTS OF WAY BY CONDEMNATION AND DIRECTING.THE'CITY:ATTORNEY TO PROCEED WITH SUCH ACTION,.was'adop.ted.by.the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None The'City Manager recommended .that the City enter into an agreement with SUA;-,Incorporated, for the contracting and remodeling of the -fourth and fifth floors of City Hall, in the amount of $20,000:00. Councilman Jordan pointed out that the Council had previously approved $15,000.00 for Phase I and II of the work and it is felt that the City could not do the%bidding and supervision of the work for. an" additional.. $5,000.00 and recommends that.this'be given to-:SUA.`_On motion by Councilman Jordan, seconded by Councilman Raciti, the agreement with-SUA; Incorporated.,-.in.-the-iamount of $20,000.00, was approved by the following, -,roll -call vote: AYES-: Councilmen: Hammett, Jordan, Pinkley, Wilson; Raciti ::NOES: Councilmen':. -None ABSENT: Councilmen: None. - The City-Manager.formally presented the City of Costa Mesa 1973=74'-Budget;to:,Council.and said, that it would be discussed at the adjourned meeting of June 11, 1973. On motion by -'Mayor Hammett, seconded by Councilman Jordan, and'.carkied, .the Annual Budget -for fiscal year 1973--wA, including,the.budgets..of.the.Costa Mesa Park and Recrea- tion,;Dis.trict;. the -Costa Mesa City Street Lighting:. District, and,Vehicle Parking Districts 1 and 2, was set for public hearing, to be held at the adjourned regular meeting of June 26, 1973, at 6:30 p.m., in the Council Chambers, 77 Fair Drive, Costa Mesa. Bond Issue The City Manager presented his recommendations to the Council to establish an amount of money for the Open Space/Park Bond Issue, as outlined in his memo dated June 1,.1973. Councilman Wilson spoke in favor of deleting the'33 acres at Fair Drive and Fairview Road at an amount"of $1,650,000.00. A motion by Council- man Wilson, seconded by Councilman Pinkley, to delete the 33 acres at Fair Drive and Fairview Road from the Bond Issue, was followed by -discussion. The motion failed'to carry', Councilmen' Hammett, Jordan, and Raciti voting no. A motion by Councilman Jordan, seconded by Mayor Hammetti, to set an amount of $5,500,000.00 for the total Bond Issue, was approved; Councilmen Wilson and Pinkley voting no, TOPICS . The City'Manager recommended Council authorize the Supplement No. 1- Mayor to.sign Supplement No. 1 -Revised, to Local Revised Ag'en'cy -State Master Agreement No. 3 of the TOPICS program. This 'supplement -designates the approximate amounts of funds to be expended for the several items of construction, right of way, and engineering for the three proposed right turn pockets on Baker Street at Fairview'Road, Harbor Boulevard at Adams Avenue, and Fair Drive at Fairview Road. On'motion by Coun- cilman Pinkley, seconded by Councilman Wilson, and carried, the Mayor was authorized to sign Supplement No: 1 -Revised, to Local Agency -State Master Agreement No. 3 of the'TOPICS Program. Conference On motion by Councilman Pinkley, seconded by Mayor Advances Hammett, conference advances in the amount of_$300.00 each, were approved for Councilmen Jordan, Wilson, and Raciti, to attend the 'United States Conference of Mayors in San Francisco on June 17 through 20, 1973, by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None ZE-73-38 The Mayor announced that he would take the next item S-73-1.1- out of order as ; the applicant had to catch a plane to Dishner Detroit. The Director of Planning presented an appli- cation for Zone Exception ZE-73-38, Paul F. Dishner, Held Over 440 Fair Drive, Costa Mesa,'for permission to allow a reduction in City parking requirements for two existing medical buildings, 141 spaces required - 92 provided, on property located at that address, in a C2 and Rl zone. Planning Commission recommended denial of the application. Mr; Paul Abrams, co-owner of the property with Dr. Dishner, and representing the applicant, spoke . in favor 'of the application, explaining the relation- ship of their parking area to the adjacent properties. Mr. Robert Tessier, representing American Motors of Detroit, Michigan, who are interested in purchasing adjacent property, spoke in favor of the application. After discussion, on motion by Mayor Hammett, seconded by Councilman Wilson, and carried, the application was held over to the meeting of June 26, 1973, for further study, including application'for Tentative Parcel Map S-73-11. Public Hearing The Clerk announced..that this was the time and the place Abandonment of set for the public hearing for the abandonment of Street Street "A" "A" zri hot-;''�A", of `"B'annsri'g' =Tract; '=Io'cated=s'outl.:=of Victoria Street and Hamilton Street, and west of 19th Street. 1 1 1 Continued The affidavits of posting and publishing are on file in the Clerk's office. The Council was requested to hear, before the abandonment`of Street "A', the request from Mr.'Robert L. Wynn-, City Manager of the City of,Newport-Beach, fora sewer easement within the said area, Street "A". City Manager of Newport Beach; Bob Wynn, spoke from the floor requesting that the sewer easement be -granted.' Attorney Donald R. Price, representing -Paul Snyder, president of -Keys Marina, -Incorporated, asked that the easement be abandoned:and said that any sewer in the area would restrict his client's proposed marina. He said that the sewer would have to be removed when the engineer- ing.plans were complete for the marina. Mr. Dave Walden of CST, 1775 Pitcairn Drive, Costa Mesa, con- sultant for Mr. Snyder, said that he had received plans "only -la'st week from, the City of Newport Beach afterrepeated requests. Areas of concern are 19th Street,'Bluff-o-k Balboa Boulevard, and drainage, which is felt to`be improperly drained upon the.Keys property. . Benjamin: Nolan, -City Engineer of the City of Newport Beach, said that the .City of Newport Beach is opposed to theproposed.abandonment, and he also said that -the_ City of Newport Beach has required, as a condition to final approval of Tract 7989, 40 acres, the construction of'a portion"of a major street shown on the Costa Mesa MasterPlan of Highways and the Select System; -.'arid -the proposed abandonment of Street "A". overlaps the portion earmarked for improvement, which causes.concern-over current status of the master plan -of streets in=:the surrounding area. Mr. Nolan read from a prepared statement -which he filed with the City Clerk:r: Councilman Jordan expressed discontent because plans were only available to him on the day before -the Council meeting,- and Mayor Hammett and the City.:s.taff had�seen the grading plans the evening of. the Council meeting. Bruce Harrington of Leadership Homes:,.::Incorporated, objected-to.Mr. Price's presenta- tion as he said it -.did - not -.present any facts pertaining to the statutory criteria of what the present or prospective. needis..for Street "A" as it is designated on .the master, plan and; .said:.he would not address himself to any. form :of drainage,'. any ._form of street slope easement, or any form of -:cooperation which he may or may:not have seceived'from Mr: _Snyder or Mr. Banning.as he -.considers it_'lirrelevan:t to the record. He objected to. any form".of _drainage .of water, on the property and to street -alignment. -of Bluff or Balboa Boulevard, as being irrelevant.: Mr.: Harrington said Leadership had placed reliance.upon the! existence of -Street "A" easement when it. .p-ur.chased•..the 'property��last-"sumner. Don Simpson, of the:zcivil:engineering firm -of Shuirman-Simpson, 359 San Miguel,Mrive, Vewport Beach, said Leadership had employed them..tomake a .study for` sewer easements and found there were-..three::possible!.alternatives- to serve the proposed pro- ject: ,_ _(a)- a: pumping :station -to pump sewerage easterly into., -the Costa Mesa;Sanitary.District; (b) go westerly along the';extension.:of:19th Street alignment to the Santa Ana.River channel and southerly through Banning property _to.. the. facilities of County Sanitation Districts 5 and..6.; (c):to.use.existing street easement and north- westerly to.Victoria:Str'eet;".then across the bridge to Hamilton and.-Bro.okhurst.an.dconnect to the County sanitation facilities. The -costs to the three alternatives were.. Aevelop.ed.:_:=.:(a). they. found that the Costa Mesa Sanitary Dis:tri.ct:did not. -have capacity for permanent service-to.this:property;'(b) to go on the second alternativewould require,an easement. and Mr., Banning Recess . . Public Hearing R-73-07 Costa Mesa Planning Commission Ordinance 73-25 First Reading Public Hearing R-73-08 Verrico Ordinance 73-26 First Reading said.he was.not--in a.position.to grant an easement at this.time;.and.any easement across his property would have to be condemned -.the cost of condemnation made this prohibitive.; (c).the:only feasible alternative was to take.a sewer easement through the easement of Street "A". The Council asked if the representatives of.Snyder -andd-Leadership • Homes- would get together and try to,work- out.•a,-.better a-lignment of the sewer that would be satisfactory to everyone concerned. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the -public hearing was continued to Ju1.y.16,--1973..: The Mayor declared a five=minute recess, and the meeting -reconvened at 8:50 p'..m. The Clerk announced that this was the time and place set for public heating for Rezone Petition R-73-07, Costa -Mesa -Planning Commission for permission to prezone.property located,at 335, 339, 341, and 345 University Drive-;,Costa.Mesa; from County R4 to City R2 -CP. The affidavit of publication is on file in the Clerk's office and no communications have been received. There.being no speakers, the Mayor closed the public he.irin.g.- On -motion by Councilman Jordan, seconded by Council:man..Pinkley; Ordinance 73-25, being 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,..PREZONING CERTAIN UNINCORPO- RATED TERRITORY ADJOINING THE CITY BOUNDARY FROM COUNTY R4,TO CITY R27CP; 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 The Clerk announced that this was the time and place set for public hearing.for.Rezone Petition R-73-08, Orlindo Verrico,•1330 Sao Paulo Avenue, Placentia, for permission to.rezone property located at 1915 Wallace Avenue, -from Cl to R4. The affidavit of publication is-, oh- file in the -Clerk's office. Com- munications were received from Donald L. J. Smith, 752 West -19th -Street, Costa Mesa;.H. I. Proulx, Space -Tek Industries, Incorporated, 1922 Placentia Avenue, Costa Mesa;°and-Time.Clock Sales and Service Company,'_Incorporated;.766 West 19th Street, Costa Mesa, opposing the rezone. The Planning Commission recommended denial. Mr. Leroy Rose, .representing the applicant. and the developer .spoke in favor of the rezone. After..discussion, Councilman Jordan proposed a rezone to R3,- and.Mr. Rose stated that this would be acceptable to the applicant. After further discus- sion, Councilman Jordan called the Council's attention to -the Planning staff's,alternate suggestion to rezone the property to -R3 -CP. There -being no,other speakers, the -Mayor closed the public hearing. On motion by Councilman Jordan, seconded by Mayor Hammett, Ordinance 73-26, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF -COSTA MESA,. CALIFORNIA, CHANGING THE ZONING OF LOT 38, BLOCK E, OF TRACT 612; -FROM Cl TO R3 -CP, was given 'first- reading" and passed to second reading by the following roll call vote: - -AYES: Councilmen: Hammett, Jordan, Raciti NOES: Councilmen: Pinkley, Wilson ABSENT: Councilmen.: None' fl 1 1 1 1 i Initiation -of On motion by Councilman Wilson, seconded by Councilman Rezoning' Pinkley, and carried, the Council requested the Plan - Requested ning Department to initiate a rezone of the parcel directly to the north of this -property, to residential. Public Hearing R-73-09 Costa Mesa Planning Commission Ordinance 73-27 First Reading Appeal Hearing. Bashful Bagel Appeal Hearing ZE- 73-1&, Jehovah's; Witnesses - Th , e itnesses Th,e . Clerk. 'announced that• this was the time and place set for the public hearing of Rezone Petition R-73-09, Costa.Mesa Planning Commission., for permission to pre- zone property located at -1110 -Victoria Street, from County,,R4 -to City R3 -CP. Th•e 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 Pinkley, seconded by Councilman Wilson, Ordinance -73-27, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PREZONING CERTAIN UNINCORPORATED TERRITORY -ADJOINING THE CITY BOUNDARY.FROM COUNTY R4 TO, CITY.R3-CP, 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 The Clerk announced that this was the time and place set for the appeal hearing of Planning Commission's decision for an identification fascia sign for the Bashful ,Bagel Restaurant, 2340..Harbor Boulevard. Per- mission for said sign was denied at the Planning Commission meeting of May. 14, 1973. No communications have been received.- Mr. Sidney.Dix, 140 Yorktown Lane, Costa Mesa, owner of the restaurant, spoke in support of.the request -explaining that the additional sign was needed to -better illuminate the.building when it is open for business. The Mayor closed the public hearing. Councilman.Jordan pointed.out that the property -already has a pole .sign in existence. -After discussion., on motion:by Councilman•Jordan, seconded by Councilman Wilson,•and_carried,.the request was denied, Councilman Pinkley voting no. The-Clerkannounced that this was the time and place set.f.or;..the re -hearing requested by Jon D. Schorle, 968 Denver Drive, representing the local residents, on Zone Exception ZE-73716, Jehovah's Witnesses, Central Congre- gation,. 1950.Church Street, .Costa Mesa, for permission to build a religious meeting hall in a residential zone, ..on property located at 955.Paularino Avenue, in an R1 zone.. The Zone.Excep-tion application was approved at the Council meeting of April 16, 1973. A petition, containing 329.signatures, was received in opposition to the zone exception. Mr. Schorle spoke in opposition to .the application and informed the Council of a procedural error in the original posting.and cards sent out by the City staff;. some cards --setting the hour of the meeting at.6:30 p.m., and others_.'at.7.:30 p.m. As a consequence, some residents arrived,at..the Planning Commission meet- ing after the business had.b.een conducted. Councilman. .Pinkley..asked to see the cards_ and the error was verified. .Mr-..Schorle .gave.a,slid&.presentation to illustrate some of;.thetraffic.problems the opposing residents feel are ..inherent in having a church in a residential neighborhood such -,,.as theirs. Mr. Dale Buller, representing Jehovah's Witnesses., spoke.; in support of ,the application and .urged the Council.to7uphold their decision. Mrs. Dolly Simpson, 983,Paularino.Avenue,.related-some of the traffic problems on Paulari.no, stating that three children had been hit by cars in this area, one of whom died.as a result. Coun- cilman.Pinkley-summarized.the information presented to the .Council and.said he was .in.favor of rescinding the F r ZE-10-70-A The Director of Planning presented an application for Child Guidance Zone Exception ZE-10-70-A, Child Guidance Center of Center of Orange County, 171 East'18th Street, Costa Mesa, for Orange County permission to continue to have three trailers for a period of three..years for additional office space in conjunction with the Child Guidance Center, located at the same address, in an AP zone. Planning Commission recommended approval subject to conditions. Mr. Rex permit. Councilmen Hammett and Raciti made similar statements. -Mrs.-Ruth Laurier who identified herself as a real estate broker, took exception to an earlier statement made regarding the availability of financing on property near churches, and said that in her exper- ience this was not true. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, Council's previous decision on Zone Exception ZE-73-16, was reversed and the permit denied. Recess The Mayor declared a five-minute recess, and the meet- ing reconvened at 10:10 p.m. ZE-73-04 _The Clerk presented a request by George Thomas', Thomas Magoffin Enterprises, 606 -36th Street, Newport Beach, to speak regarding Zone Exception ZE-73-04, Mr. and Mrs. John P. Magoffin, 3111 Mace Avenue, for permission to enlarge operation of existing pre-school to accommodate approx- imately 100 children, -two -to six years of age, Monday through Friday, 6:30 a.m., to 6:00 p.m., throughout the calendar year, on property located at 2950 McClintock.Way, in a Cl zone. The zone exception application was approved at the Council meeting of February, 20-, 1973. Mr. Thomas addressed the Council and asked that they rescind'their previous decision on this application as it pertains to the erection of a six-foot chain link-fencei�arid instead apply the original recommendation of the Planning Commission for erection of a six-foot block --wall. The City Attorney advised the Council of the time limitations for filing an appeal. After discussion, a motion by -Councilman Wilson, seconded by -Councilman Jordan, that the hearing not be reopened, was carried .by unanimous vote'. Right of Way The Clerk presented a request from John De Witt Worcester Worcester and Madeleine C. Worcester, 2023 Republic Avenue, Costa Mesa, requesting -reimbursement for right of way deeded to Held Over the City and assurance that additional right of way will not be expected on property at 485 East 17th Street. The applicant was present•.and addressed the Council restating the facts in.h-is lette'r.to the.Council, dated May 5, 1973. He went on to say that.since the original 10 feet of this property was donatedtothe City, an additional 20 feet to the rear was dedicated for alley purposes without his knowledge. He has subsequently learned from the Right of Way Department, that'the City may require 10 to 20 feet of the property in the-future•for street purposes. Mr. Worcester said he was requesting reimbursement from the City -for the 20 feet in the'rear and is expecting a fair payment for any'portion required in the future. After discussion, on motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the request for reim- bursement for the rear dedication was denied. A discussion was held regarding the frontage property which is not needed at this time, but the City may require it at some future date for street widening pur- poses. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, this item was held over to the meeting of June 26,"1973, and the staff requested to plot on a map.the setbacks of the adjacent properties. ZE-10-70-A The Director of Planning presented an application for Child Guidance Zone Exception ZE-10-70-A, Child Guidance Center of Center of Orange County, 171 East'18th Street, Costa Mesa, for Orange County permission to continue to have three trailers for a period of three..years for additional office space in conjunction with the Child Guidance Center, located at the same address, in an AP zone. Planning Commission recommended approval subject to conditions. Mr. Rex ZE-72-09-A Duarte ZE=73-40, Read _ ZE-73-42 Bukich Gardner,.Executive Director of the Child Guidance Center, spoke in support. of the application. After discussion, on motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was approved subject to conditions as recommended by the Planning Commission, Councilman Pinkley voting no. The Director of Planning presented an application for Zone -Exception ZE-72-09-A, Lila A. Duarte, 250 East 19th.Street,.Costa Mesa; for permission to continue to operate a•pre-school for a maximum of five children, ages up to five years, on'property located at that address,.'in:-an Rl'zone. Planning Commission recom- mended approval.subject to'conditions. A communication, in.opposition, signed by Mr, and Mrs. Mike Kavulic, 255 Costa-Mesa'Street;-Mrs. tee Berthalomey, 241'Costa Mesa Street, Apartment A; Michael Cary, 281 Costa Mesa _Street; and Mrs•Larry Evans, 257 East Costa Mesa S.txeet', have been received. On'motion by Councilman Wilson,._seconde.d by Councilman Jordan, and carried, the application was approved subject to conditions as recommehded-by the.Planning Commission. The Director of Planning presented an application for Zone.Exception 'ZE-73-39,,Lyn'Clyde Geronimi, 2301 -Francisco Drive, Newport Beach, for permission to encroach 20 feet. .into the.25-foot rear yard setback for ,the..cons truction. of a .duplex with an attached 3 -car garage in addition to -existing: -residence, on property located at 361 La Perle Lane,- in an R2 zone. Planning Commission recommended approval subject to conditions. Communications in opposition have been received from .Mr.,,and Mrs --Waldo G..Anderson,.365 La Perle Lane; and a-petition.containing signatures of 22 residents in the area. Mrs. Emilie Tygart, 371 La Perle Lane, and Linda Selmy,, 378 La Peale Lane, stated their objections to _ the.development as being primarily due to the traffic and parking problems.they feel it will create. Mrs. Waldo:Anderson,.365 La Pe'rle Lane, also spoke in ::opposition. The -applicant, Mr. Geronimi, explained that -he was applying for the' --encroachment so that he might -build amore aesthetic development. On motion ,by, Coun=cilman Jordan.; seconded by Councilman Pinkley, and carried, the application was denied. The.Director of Planning -.presented an application for Zone Exception•ZE-73-40, James'W. Read, 172 College P,ark.arive., Seal Beach, for'permission to construct -a four -unit apartment complex to meet CP standards, on property located -at 200 East 16th Street, in an R3 -.CP zone.. Planning Commission recommended approval subject to conditions. One communication, in opposition, was received from Lewis W. Dinger, Mesa Center Automotive, Incorporated, 196 East 16th Street, Costa Mesa. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the.application was approved subject to conditions as recommended by the Planning Commission. The -Director of Planning presented an application for Zone. Exception ZE-73-42, Rudy A. Bukich and Mark Les, 1633 Baker Street, Costa Mesa, for permission to encroach nine feet into the required 15 -foot rear yard setback for the construction of.a commercial center, on property located at 1525 Mesa Verde Drive East, in -a Cl zone. No communications have been received. The applicant was present and was asked if he agreed to all the conditions. He stated that he was in agreement to all the conditions with theexception of numbers 6 and 1 L 1 10. After.discus:sion.,. Condition No. 6 was deleted as -the City Engineen said that the City will install the street lights on Mesa -Verde Drive East. On mo ion.by Councilman Jordan, seconded by Councilman Pinkley, and.carried, the,:application was approved subject.to-conditions, with -Condition No. 6 deleted. Proposed -Sign Miss Ann:Mound, 3128.Country=Club Drive, representing Ordinance S.O.S. - Sign Ordinance Support.- urged the Council to adopt the proposed sign ordinance and announced that a meeting scheduled•for June 7, 1973, is open to anyone interested in learning more about the sign ordinance, and may contact her or Mrs. Di Domenico for further details: Councilmanic Councilman Jordan.referred to.a recommendation Comments received from the City Manager regarding the Traffic Traffic Commission and requested that this item be discussed Commission at the .next executive session. Food Trucks Mayor:,Hammett presented--a--complaint regarding food trucks parking on P.aularino-Avenue, at a time when the children of the neighborhood are enroute to school.,.th.ius causing an attractive nuisance and inducing -the children -to -spend; -their lunch money. Adjournment The Mayor adjourned the meeting at 11:15 p.m., to June. 11, 19731,' :at 7:00 p.m. , -in the first -floor conference room.of the City.Hall. - Mayor f the City of Costa Mesa ATTEST: City Clerk of•the City of Cos Mesa 1 L 1