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HomeMy WebLinkAbout04/17/1967 - City Council226, REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 17, 1967 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., April 17, 1967, at the City Hall, 695 West 19th Street, Costa Mesa. The meeting was called to order by the Mayor for the purpose of discussion and debate on matters scheduled for Part II of the meeting and such actions as the Council desires to take under Section 2203 of the Municipal Code of the City of Costa Mesa. Councilmen Present: Wilson, Barck, Jordan, Pinkley, Tucker Roll Call Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works, City Engineer, City Clerk Minutes Upon motion by Councilman Wilson, seconded by Council - April 3, 1967 man Pinkley, and carried, the minutes of the regular meeting of April 3, 1967, were approved as distributed and posted. Ordinance 67-7 Upon motion by Councilman Pinkley, seconded by Council - Adopted man Wilson, and carried, Ordinance 67-7, being AN Palace Avenue ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Setback MESA AMENDING DISTRICT MAP B-3 OF THE CITY OF COSTA MESA TO ESTABLISH A 25 -FOOT SETBACK ON PALACE AVENUE BETWEEN 19TH AND 20TH STREET, was read by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 67-9, The Clerk presented for second reading and adoption as amended Ordinance 67-9, being AN ORDINANCE OF THE CITY COUNCIL First reading OF THE CITY OF COSTA MESA AMENDING THE MUNICIPAL CODE Real estate signs BY THE ADDITION THERETO OF SUB -SECTIONS (e) AND (f) OF SECTION 8502 THEREOF PERTAINING TO REAL ESTATE SIGNS FOR APARTMENTS AND RESIDENTIAL LOGOS OR MASTER IDENTI- FICATION SIGNS. After discussion, certain amendments to Section 1, sub (e), were made to the Ordinance. Upon motion by Councilman Tucker, seconded by Council- man Pinkley, and carried, Ordinance 67-9 was given first reading as amended by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 67-10 Upon motion by Councilman Wilson, seconded by Council - Adopted man Barck, and carried, Ordinance 67-10, being AN Speed Limit ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3416.0 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO INCREASE THE SPEED LIMIT ON BAY STREET TO 30 M.P.H. , AND AMENDING SECTION 3+16.1 OF SAID CODE TO DECREASE THE SPEED LIMIT ON MESA VERDE DRIVE EAST TO 4o M.P.H., AND ON MERRIMAC WAY TO 35 M.P.H. , was 1 1 i Continued adopted by the following roll call vote: Ordinance 67-10 AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Written The Clerk read a letter from Downtown Merchants Associa- Communications tion, requesting the re -opening of East 18th.Street as Downtown Merchants it crosses Newport Boulevard. Upon motion by Councilman Association Wilson and seconded by Councilman Pinkley and carried, the letter was referred to the Traffic Commission for study and the Downtown Merchants Association were invited to be present at the Commission meeting. A letter from Don Huddleston Don Huddleston, previously distributed to the Council, pointing the importance of downtown access was referred to the Commission. Alcoholic Beverage The following written communications were ordered received Control and filed upon motion by Councilman Pinkley, seconded by Councilman Tucker, and carried: Alcoholic Beverage Control, transfer from Lee -Schroeder Enterprise, Incor- porated, to Wesley D. Durst of an on -sale beer license at the Moon's Wagon Wheel Restaurant, 2200 Harbor Boulevard; the transfer from Marvin C. Jones, to Steak -N -Stein, Incorporated, of an on -sale beer license at the Steer -N - Stein Restaurant, 1170 Baker Street; the transfer from William F. and Mary E. Woods to The Southland Corporation of an off -sale beer and wine license at the 7 -Eleven, 1097 Baker Street. The Clerk read a letter from Southern California Regional Association of County Supervisors, regarding use of State Highway Construction Fund, and upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the Council went on record in support of Assembly Bill No. 3 and the proposed reallocation of funds. The Clerk read a letter from Senator George Murphy, acknowledging the receipt of Costa Mesa's resolution regarding the Highway Beautification Act. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the communication was received and filed. A communication from Warren M. Dorn, Board of Supervisors, County of Los Angeles, submitting a Dissenting Report on Pre-emption was read. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the communi- cation was referred to the City Attorney for report at the next meeting. The Clerk read a letter from Orange County Memorial Garden Center stating that the Orange County Board of Supervisors have declared April as Civic Beauty Month. Permits The application of Jose Chavez and Manuel Chavez, for industrial material collector, 2007 Lee Street, South El Monte, was approved upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the application of DeWayne Brothers Circus, 1670 Santa Ana, Costa Mesa, for a 3 ring circus st 1500 Adams Street on Elm Avenue, to be sponsored by Kiwanis North Club was approved, with half of the license fee being -maived. 228 Firework Permits Upon motion by Councilman Wilson, seconded by Council- man Pinkley, and carried, the following applications for fireworks permits were approved: Boys Club of the Harbor area, 594 Center Street, Costa Mesa, location of stand is 2200 Harbor Boulevard; and Boys Club of the Harbor Area, 594 Center Street, Costa Mesa, location of stand is 535 West 19th Street, Costa Mesa. The Clerk read a request from the Orange Coast Young Men's Christian Association, Post Office Box 1771, Newport Beach, to sell butter toffee peanuts from April 17th through August 25th, 1967, proceeds to be applied to their camp fee, and for a car wash on Satur- day, April 29th at 2801 Harbor Boulevard, donations to go toward the Youth and Government Program. The request was approved upon motion by Councilman Barck, seconded by Councilman Tucker, and carried. The Clerk read a request from Edmond T. Samoker, 553 West 19th Street, Costa Mesa, to sell dog licenses at Pic -a -Pet. Upon motion by Councilman Jordan, seconded by Councilman Pinkley, the letter was referred to the City Manager for report at the next meeting. The Clerk read a request from Mrs. R. Clark that the ceiling height requirement be waived in consideration of the fact that the required footings had been in - Jean Marshall Clark stalled and that the window and ventilation require - Residence addition ments had been met. The Clerk read a recommendation with sub -standard from the Director of Building Safety. After discussion ceiling height with Mr. Hanhart and Mrs. Clark, the Council found that Mrs. Clark had substantially complied with the law; and upon motion by Councilman Wilson, seconded by Councilman Barck, the ceiling height requirement was waived, and the Building Safety*Department was author- ized to issue the necessary permits. Departmental reports Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the following departmental reports were received and filed: Police; Finance Department; and Parks. Warrant Resolution Upon motion by Councilman Wilson, seconded by Council - 493 man Barck, Warrant Resolution 493 including Payroll No. 6707 was approved by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 67-11 The City Attorney presented Ordinance 67-11 entitled: First reading AN AMENDMENT TO ORDINANCE N0. 67-4 OF THE CITY COUNCIL Amending OF THE CITY OF COSTA MESA, CALIFORNIA, DEFINING ENTER - Ordinance 67-4 TAINMENT; PROVIDING FOR ENTERTAINMENT PERMITS; PRO - Live Entertainment VIDING STANDARDS AND PROCEDURES TO BE FOLLOWED IN GRANTING PERMITS; GENERALLY PROVIDING FOR THE REGU- LATION OF LIVE ENTERTAINMENT, and on motion by Council- man Pinkley, seconded by Councilman Barck, and carried, reading of the ordinance was waived, and it was read by title only. On motion by Councilman Pinkley, seconded by Councilman Barck, Ordinance 67-11 was given first reading and passed Notice of Completion The City Engineer said R. J. Noble Company had completed R. J. Noble Company the Improvement of Anton Boulevard between Bristol Street and Santa Ana -Delhi Channel and recommended that the work be accepted and notice of completion filed. Upon motion by Councilman Barck, seconded by Councilman Pinkley, and carried, the improvements were accepted, and the City Clerk was instructed to file notice of completion. Resolution 67-45 The City Engineer presented an agreement between City Division of Highways of Costa Mesa and the Division of Highways for highway Agreement maintenance. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, Resolution 67-45, being•A RESOLUTION OF TETE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF COSTA MESA, was approved, and the Mayor and City Clerk were authorized to sign the agreement on behalf of the City by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Recess The Mayor declared a recess at 7:25 P.M. to second reading by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Enjoys or The City Attorney explained that in the recent case Baby Dolls heard in Superior Court regarding live entertainment permit _for Enjoys or Baby Dolls the Court had requested findings. Three choices were given: appeal to the 4th District, hold additional hearings, or stand on what has been done. On motion by Councilman Barck, seconded by Councilman Tucker, and carried, the Council voted to stand on their previous action, and the Attorney was instructed to prepare findings for the next meeting. Entertainment Upon motion by Councilman Tucker, seconded by Councilman permits Barck, all live entertainment permits are to be referred to the City Attorney's Office. Agreement The City Attorney presented an agreement between City of Leonard and Smith Costa Mesa and Leonard and Smith to make appraisals of fifty-nine lots on Placentia Avenue for the purpose of widening the Avenue. Upon motion by Councilman Barck, seconded by Councilman Tucker, the agreement was approved, and the Mayor and City Clerk were authorized to sign the agreement on behalf of the City by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Authorization Upon motion by Councilman Pinkley, seconded by Councilman Warrant Barck, the Director of Finance was authorized to issue Leonard and Smith a warrant in the amount of $5,900.00 to Leonard and Smith by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Notice of Completion The City Engineer said R. J. Noble Company had completed R. J. Noble Company the Improvement of Anton Boulevard between Bristol Street and Santa Ana -Delhi Channel and recommended that the work be accepted and notice of completion filed. Upon motion by Councilman Barck, seconded by Councilman Pinkley, and carried, the improvements were accepted, and the City Clerk was instructed to file notice of completion. Resolution 67-45 The City Engineer presented an agreement between City Division of Highways of Costa Mesa and the Division of Highways for highway Agreement maintenance. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, Resolution 67-45, being•A RESOLUTION OF TETE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF COSTA MESA, was approved, and the Mayor and City Clerk were authorized to sign the agreement on behalf of the City by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Recess The Mayor declared a recess at 7:25 P.M. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:35 p.m., April 17, 1967, at the City Hall, 695 West 19th Street, Costa Mesa. The meeting was called to -order by the Mayor followed by the Pledge of Allegiance to the Flag and invocation by the Reverend Father Scott from St. Joachim's Catholic Church. Councilmen Present: Wilson, Barck, Jordan, Pinkley, Tucker Roll Call Councilmen Absent.: None Officials Present: City Manager, City Attorney, Director. of Public Works, City Engineer, City Clerk Freeway routing The Mayor announced that the City Manager had been requested to make a report on the freeways because of a recent newspaper article. The City Manager said that all of the State agencies and the Office of the Urban Renewal Program had been contacted that would be involved and no plan can be found such as was discussed in the newspaper article. Councilman Pinkley said that this Council.had never made application or talked to anyone regarding this urban renewal program. The freeway routes that had been approved by the Council previously were the same that are favored now. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the Council reaffirmed their previous action on freeway routing. Mr. Nick Ziener of the Costa Mesa Chamber of Commerce introduced Miss Pluma Lynn Hilgren, aged 13, and her mother Mrs. Lois Hilgren. Miss Hilgren recently had been named best girl cook in the United States by winning the National Girls Club, junior division, cooking contest. Upon motion by Councilman Jordan, Resolution 67-34 seconded by Councilman Barck, Resolution 67-34, being Pluma Lynn Hilgren A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA commended MESA COI&MING MISS PLUMA LYNN HILGREN FOR HER ACHIEVE- MENT IN BEING CHOSEN AS THE BEST GIRL COOK IN THE UNITED STATES, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Mr. Ziener presented Miss Hilgren with a Certificate of Award. Miss Hilgren then passed raisin -apple -bran muffins, made from the recipe that had won the cooking contest, to the Council and audience. Public hearing The Mayor announced that this was the time and the place Merrimac Way set for the public hearing for Confirmation of Assessment Improvement District for Merrimac Way Improvement District. The City Clerk informed the Council that affidavits of the mailing, posting, and publication of the Notice of Filing Assess- ment were on file in his office. He said that no written protests had been received. The Mayor inquired if anyone Public hearing wished to speak. No one desiring to speak, the Mayor closed closed the public hearing. The City Attorney said that there was a sale of these properties by Orange Coast College, which requires the f� 1 1 hl, Street Superintendent to modify the assessment diagram and roll. Upon motion by Councilman Tucker, seconded Resolution 67-41 by Councilman Pinkley, Resolution 67-41, being A RESOLU- Modifying assessment TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, diagram and roll CALIFORNIA, MODIFYING THE ASSESSMENT DIAGRAM AND ASSESS- MENT ROLL IN MERRIMAC WAY IMPROVEMENT DISTRICT (ASSESS- MENT N0. 17), was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen None The City Engineer said that he had made the modification. Upon motion by Councilman Pinkley, seconded by Councilman Assessment as Tucker, the assessment was confirmed as modified, and the modified confirmed assessment diagram was approved by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Bids opened, Bid The Director of Public Works reported that the City Clerk Item 83 had opened bids on April 14, 1967, for Bid Item 83, One Drill Tower Safety Atlas Drill Tower Safety Net. The following bid was Net received: NAME Wardlaw Fire Equipment AMOUNT $ 2,296.8o item be rebid. Upon motion by Councilman Tucker, seconded Upon motion by Councilman Barck, seconded by Councilman Awarded Pinkley, the contract for Bid Item 83 was awarded to Wardlaw Fire Equipment in the amount -of $2,296.80 by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Bids opened, Bid The Director of Public Works reported that the City Clerk Item 84 had opened bids on April 14, 1967, for Bid Item 84, Draperies and Draperies and Hardware in the City Hall, 77 Fair Drive, Hardware and the Police Facility, 99 Fair Drive. The following bids were received; NAME AMOUNT Del Amo Drapery & Carpet Service $ 3,750.00 Sheward Specialty 4,212.00 Alternate 1. Add $195.00; 2. Deduct $200.00 3. No price change; 4. Add $600.00; 5. Add $1,200.00 Don Gilbert & Associates 3,444.39 Alternate 1. $4,588.39 Harbor Carpet Center 4,395•o4 Alternate 1. $3,886.48 Beach Drapery Service 3,400.00 Alternate 1. $3,280.00; 2. $3,100.00; 3. $2,800.00 William Sampson Company 3,470.00 Alternate 1. $3,470.00; 2. $3,320-00; 3. Add $150.00; 4. Add $400.00 The Director of Public Works recommended that the bids be Bids rejected rejected, and that the specifications be revised and the item be rebid. Upon motion by Councilman Tucker, seconded 42""L52 Call for bids --Bid by Councilman Barck, and carried, the bids were rejected, Item 85, Draperies and the City Manager was authorized to advertise for bids and Hardware to be read on April 28, 1967, at 11:00 a.m, by the City Clerk. Change Order No. 1 Upon motion by Councilman -Wilson, seconded by Council - Sprinklers and man Barck, Change Order No. 1 for Construction of Landscaping at Sprinkler System and Landscaping at the Charles W. TeWinkle Park TeWinkle Memorial Park Picnic Area in the amount of $254.15 was approved by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Notice of Completion Upon motion by Councilman Wilson, seconded by Council-. Landscaping of Golf man Barck, and carried, the Council ratified the non - Course profit corporation's action of filing Notice of Com- pletion for the Landscaping of the Golf Course and Fairview State Hospital Grounds by Imperial Landscape Company. The Mayor said that he would like to take up the dispo- sition of the case of Robert A. Warren at this time, and after considering the departmental reports, the affidavit submitted by Mr. Warren, oral argument by his attorney, 1 1 1 The Director of Public Works presented the Costa Mesa Costa Mesa Golf and Golf and Country Club 1967-68 budget. Upon motion by Country Club budget Councilman Tucker, seconded by Councilman Pinkley, and carried, the budget was held over to the meeting of May 1, 1967. The Director of Public Works said that he had received a request from the California Disaster Office for a resolution authorizing certain personnel to sign appli- cations and documents pertaining to the Federal Civil Defense Act of 1950, as amended. He recommended that Arthur R. McKenzie, Tom Knight, William Savage, and himself be authorized to.sign. Upon motion by Council - Resolution 67-42 man Barck, seconded by Councilman Wilson, Resolution Civil Defense, 67-42, being A RESOLUTION OF THE CITY COUNCIL OF THE signatures CITY OF COSTA MESA AUTHORIZING AND DESIGNATING CERTAIN authorized INDIVIDUALS TO EXECUTE CIVIL DEFENSE APPLICATIONS AND DOCUMENTS, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Harvey's Alley Cat The Clerk presented, held over from the meeting of Harvey's A Go -Go April 3, 1967, application for Business License, a request for the third pool table at Harvey's A Go -Go, 1784 Newport Boulevard, by Coin Service, 352 North State College Boulevard, Orange. Also at the meeting of March 20, 1967, Harvey's Alley Cat was granted permit for live entertainment for the period of time up to April 17, 1967, and the owner was directed to come back for further action by the Council at the meeting of April 17, 1967. The Mayor inquired if the applicant or representative was present. Upon motion by Councilman Tucker, seconded by Councilman Pinkley, and carried, the Business License application was held over to the meeting of May 1, 1967, with the request that the appli- cant -be present at that meeting. Upon motion by Council- man Tucker, seconded by Councilman Barck, and carried, the application for live entertainment permit was held over to the meeting of May 1, 1967. The Mayor said that he would like to take up the dispo- sition of the case of Robert A. Warren at this time, and after considering the departmental reports, the affidavit submitted by Mr. Warren, oral argument by his attorney, 1 1 1 2, Don McCartin, and drawing upon their own knowledge, the City Council found -that substantial evidence existed to justify and warrant the action taken by the City Robert A. Warren Manager in the discharge of Mr. Warren. The Council further found that the facts with respect to the matter of overtime claims as reported by the staff to the Council were true and that the facts with respect to the overtime claims were sufficient to warrant a dis- charge of this employee. Based upon these findings, it was moved by Councilman Wilson, seconded by Councilman Pinkley, that the acts of the City Manager in discharging Mr. Warren be sustained. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Building Moving 539 The Clerk presented application for Building Moving Permit Central Bible Church 539, Central Bible Church of Costa Mesa, 190 23rd Street, Costa Mesa, request to move a classroom building from 1212 Walnut Street, Huntington Beach, to 190 23rd Street, together with the recommendation of the Planning Commission for approval subject to the following conditions: I. Bond in the amount of $2,000.00 to be provided; 2. Fire Department and Police Department must be notified of the exact route to be taken and the time that the moving will occur; 3. Building must be inspected and approved before relocation; 4. Completion within sixty days after date of delivery; 5. Shall meet all the requirements of Title 19, Health and Safety Code; Shall meet all requirements of Uniform Fire Code; 1961 edition; all occupancies for proposed move -in to have two exits directly to outside; additional fire extinguishers as per Fire Department requirements; 6. Arrangement for additional on-site parking to be provided for the interim period until the Master Plan is executed, under the direction of the Director of Planning. The Clerk said that he had received no written communications. Mr. Ed Hamlon was present representing the applicant. He said the applicant agreed to all the conditions. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the application was approved subject to the recommendation of the Planning Commission. McDonald's The Clerk presented request from McDonald's, 635 West 19th Street, Costa Mesa, for permission to maintain existing trash receptacles at various locations in the City of Costa Mesa for the privilege of using same for advertising pur- poses, together with the recommendation of the Planning Commission for denial. Mr. Louis Simon spoke from the floor. After discussion, upon motion by Councilman Tucker, seconded by Councilman Pinkley,-and carried, the request was referred to the City Attorney for study and report at the meeting of May 1, 1967. Upon motion by Councilman Wilson, seconded by Councilman Resolution 67-43 Tucker, Resolution 67-43,,bei ng A RESOLUTION OF THE CITY Intention to annex COUNCIL OF THE CITY OF COSTA MESA OF INTEETION TO ANNEX TO Paularino No. 11 SAID CITY A CERTAIN UNINHABITED AREA DESIGNATED AS "PAULARINO NO. 11 ANNEXATION" AND NOTICE OF THE PROPOSED ANNEXATION OF TERRITORY TO THE COSTA MESA RECREATION AND PARK DISTRICT OF ORANGE COUNTY AND THE COSTA MESA 234. STREET LIGHTING DISTRICT, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Set for Public On motion by Councilman Wilson, seconded by Council - Hearing man Pinkley, and carried; the following Rezone Petition No. R-2-67 was set for public hearing at the City Council meeting of May 1, 1967, at 7:30 p.m. or as soon thereafter as practicable: R-2-67 Rezone Petition No. R-2-67, Costa Mesa Planning Commission, for permission to rezone property described as a portion of Lot A, Banning Tract, from Cl, Local Business District, to C1 -CP, Local Business District, Conditional Permit, on the east side of Fairview Road beginning 210 feet southerly of the center line of Fair Drive and extending southerly for a distance -.of 363.16 feet. Right of Way Deeds Upon motion by Councilman Pinkley, seconded by Council- man Wilson, the following right of bray deeds were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None DATE 3-15-67 Hoddie and Maud Proulx Palace Avenue 4-14-67 Harold T. Segerstrom, et al Harbor at Baker 4-17-67 Katherine I. and Thomas M. Ingman Palace Avenue 4-17-67 E. H. and R. P. Barret and J. L. and J. E. TerBush 19th St. at Church c-8-67, Atlantic The Clerk presented application for Conditional Use Permit Richfield C-8-67 together with the request that application be sent back to the Planning Commission for Atlantic Richfield Company, 1786 West Lincoln Avenue, Anaheim, for permis- sion to modernize existing service station in a C2 zone at 490 East 17th Street. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the application was returned to the Planning Commission as requested. C-15-67, Ray's Application for Conditional Use Permit C-15-67, Ray's Refrigeration Refrigeration, 3036 Bristol Street, Costa Mesa, for permission to conduct a retail sales business of used appliances in an Ml zone and to permit the outside dis- play of merchandise in a screened area at that address, was presented together with the recommendation of the Planning Commission for denial. The Mayor inquired if the applicant were present. No one being present, motion for denial was made by Councilman Wilson, seconded by Councilman Tucker, and carried. C-20-67, Sampson Presented was application for Conditional Use Permit C-20-67, H. F. Sampson of Sampson Machine Works, 160+ Newport Boulevard, Costa Mesa, for permission to main- tain an existing directional sign, 6.5 -foot by 40 -foot, to advertise the products of existing business on site at that address, together with the recommendation of the Planning Commission for approval subject to the following Continued conditions: 1. A bond is to be provided in the amount C-20-67 of $200.00 to guarantee the removal of this sign within thirty days after the expiration of this Conditional Use Permit. Failure to do so will result in forfeiture of the bond; 2. The sign copy shall be approved by the Director of Planning prior to the painting of the sign and an approved copy filed with the Conditional Use Permit. Any change from that approved by the Planning Director will result in automatic forfeiture of the bond and removal of the sign; 3. The existing sign shall be inspected by the Department of Building Safety and brought up to code to meet its requirements; 4. The existing sign for the Pacifica Apartments shall be removed immediately or a Conditional Use Permit filed asking,for permission to maintain it; 5. The applicant shall have a general clean-up of this property; 6. That an off-street parking area be blacktopped and striped by the applicant under the direction of the Director of Planning; 7. This approval is for a period of one year. Mr. Sampson said that he approved the conditions except No. 1, and he said there was a discrepancy as to who owned the sign referred to in Condition No. 4, as it might be owned by Melvin Genser Sign Company. After discussion, upon motion by Council- man Wilson, seconded by Councilman Pinkley, and carried, Councilman Tucker voting No, the application was approved subject to the recommendation of the Planning Commission, and in lieu of the bond required by Condition No. 1, an indemnity agreement to guarantee the removal of the sign may be substituted, and a 30 -day period of time was granted in which to comply with Condition No. 4. Minute resolution On motion by Councilman Pinkley, seconded by Councilman Commending Gene Tucker, Gene Evans was commended and congratulated on his Evans appointment to the Anaheim Chamber of Commerce as Assistant Manager by the following roll call vote: AYES: Councilmen: Wilson, 'Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None C-22-67, Parker Application for Conditional Use Permit C-22-67, Kenneth L. Parker, 352 Princeton Drive, Costa Mesa, for permission to install and operate seven pitching ball machines in a Cl -CP. zone at 2858 Harbor Boulevard, was presented together with the recommendation of the Planning Commission for denial. The Mayor inquired if anyone were present repre- senting the applicant. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the application was denied. C-24-67, Maness The Clerk presented application for Conditional Use Permit C-24-67, Paul Maness, 2517 South Poplar, Santa Ana, for permission to construct, maintain and operate a drive-in dairy at 840 West 19th Street in a Cl zone, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Compliance with the Uniform Fire Code; Such first-aid fire extinguishers as may be required by the Fire Marshall; 2. Dedication of all land 40.00 feet from the center line of existing West 19th Street to the City of Costa Mesa for street purposes by owner; 3. Bond to be deposited with the City, the amount to be determined by the --City Engineer, to cover the cost of future sidewalks; 4. That a concrete driveway approach be installed under the direction of the Traffic Engineer; 5. That the trash area as indicated be enclosed with a 6 -foot -high block wall; 6. Landscaping to be under the direction of the Director of Planning; 7. That a Continued cashier's check in the amount of $717.2+ be deposited C-24-67 with the City to cover 117 feet (plus) of lineal footage of alley improvements prior to approval of application for Building Permit. Mr. Maness said that the improve- ments in Condition No. 7 were installed in the alley months before he became the owner of the property, and the previous owner did not inform him there was to be a charge. After discussion, upon motion by Councilman Barck, seconded by Councilman Wilson, and carried, the application was approved subject to the recommendation of the Planning Commission except Condition No. 7 was deleted. Upon motion by Councilman Tucker, seconded by Council - City Attorney man Pinkley, and carried, the City Attorney was instructed to proceed in the collection of alley improvement costs against the previous owner. C -49-66-A, Bradley The Clerk read a request from the Planning Commission for an extension of one year in which to comply with Condition No. 2 of Conditional Use Permit C -49 -66 - Amended, for Mrs. Loretta Bradley, 155 Monte Vista, Costa Mesa. He read the recommendation of the Planning Commission for approval of a one-year extension from April 10, 1967, to April 10, 1968, for the installation of sidewalks imposed under Condition -No. 2 of Condi- tional Use Permit,C-49-66-Amended. Mrs. Bradley said that she had installed sidewalks somewhere other than the location indicated because of misunderstanding. After discussion, upon motion by Councilman Wilson, seconded by Councilman Barck, the request was approved subject to the recommendation of the Planning Commission, and a bond in the name -of the City of Costa Mesa being posted with the City in the amount of $250.00. Oral Coimmmications Mr. Frank Uitz, Jr., 1951 Newport Boulevard, Costa Mesa, asked how the study was progressing for the 16th Street area. The Mayor said that upon completion of the study, a detailed plan would .be available. Upon motion'by Councilman Wilson, seconded by Council - Resolution 67-44 man Pinkley, Resolution 67-44, being A RESOLUTION OF THE Supporting Assembly CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, IN Bill 806, Indecent SUPPORT OF ASSEMBLY BILL NO. 806 RELATING TO AN AMENDMENT exposure OF THE PENAL CODE DECLARING THE INTENTION OF THE LEGIS- LATURE NOT TO PRE-EMPT THE FIELD OF INDECENT EXPOSURE, was adopted by the following roll call w te: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Insurance study The City Manager said that -he -would have available information from the insurance study at the next meeting. The City Manager read a request from the Orange County Orange County Fair Fair Board requesting that overhead street banners be Overhead street allowed from July 13 to August 2 at the following loca- banners tions: East 17th Street at Orange Avenue; and Fairview Road at Baker Street. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, permission was granted as requested. The City Manager said that a communcation had been received from the National League of Cities proposing 1 1 1 Inter -American that the City of Costa"Mesa join the Inter -American Municipal Municipal Organization. Upon motion by Councilman Organization Jordan, seconded by Councilman Pinkley, and carried, the communication was directed to Councilman Wilson for investigation. Old fire station The City Manager said he had received a letter of thanks from the City of Anaheim for the old fire station building. Eight new patrolmen The City Manager requested permission to hire eight authorized new patrolmen for the Police Department effective May 1; 1967. Upon motion by Councilman Barck, seconded by Councilman Pinkley, and carried, authori- zation was granted as requested. On motion by Councilman Barck, seconded by Councilman Adjournment Wilson, and carried, the meeting was adjourned at 8:55 P.M. to April 18, 1967, at 7:30 p.m. in the conference room. Mayor of the Ci Costa Mesa ATTEST: City Clerk of the City of Costa Mesa n 1 Z37