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HomeMy WebLinkAbout09/05/1967 - City CouncilREGULAR MEETING OF THE CITY COUNCIL -CITY OF COSTA MESA Ordinance 67-24 Ordinance 67-24, entitled AN ORDINANCE OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA AMENDING SECTION 8+02 OF THE House Moving MUNICIPAL CODE TO ESTABLISH A FILING FEE OF $50.00 FOR HOUSE Permit Fee MOVING PERMITS, was presented for second reading, and on motion by Councilman Tucker, seconded by Councilman Wilson, Ordinance 67--24 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Jordan Ordinance 67-25 Ordinance 67-25, entitled AN ORDINANCE OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION Rezone R-6-67 OF LOT A. BANNING TRACT, FROM R4 -CP TO P, PARKING DISTRICT, Bristol Baker BEING A PARCEL OF LAND ON THE NORTH SIDE OF MERRIMAC WAY, Corporation was presented for second reading. On motion by Councilman Pinkley, seconded by Councilman Wilson, the ordinance was read by title only and adopted by the following roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Jordan Local Agency Notices were received from the Local Agency Formation Com - Formation Commission mission of a proposed annexation to the City of Tustin Notice of Hearings designated as the Red Hill Avenue -Como Road Annexation, and to the City of Santa Ana designated as Barranca and Red Hill East Annexation, with hearing dates. set for September 13, 1967. On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the notices were ordered filed. 1 1 September 5, 1967 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., -September 5, 1967, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Vice Mayor for the purpose of discus- sion and debate.on matters scheduled for Part II of the meet- ing and such actions as the Council desires to take under Section 2203 of the Municipal Code of the City of Costa Mesa. Roll Call Councilmen Present: Barck, Wilson, Pinkley, Tucker Councilmen Absent: -Jordan Officials Present: City Manager, City Attorney, Acting City Engineer, Director of Public Works, City Clerk Minutes The minutes of the regular meeting of August 21, 1967, were August 21, 1967 approved as distributed and posted, on motion by Councilman Wilson, seconded by Councilman Tucker, and carried. Ordinance 67-23 Ordinance 67-23, entitled AN ORDINANCE OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA AMENDING SECTION 711+.1 OF THE Sound Trucks in MUNICIPAL CODE TO PROHIBIT THE USE OF SOUND TRUCKS IN RESI- Residential Zones DENTIAL ZONES BETWEEN 1:00 P.M. AND 3:00 P.M., AND BETWEEN 8:00 P.M. AND 8:00 A.M., was presented for second reading. On motion by Councilman Wilson, seconded.by Councilman Tucker, Ordinance 67-23 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Barck, Wilson, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: Jordan Ordinance 67-24 Ordinance 67-24, entitled AN ORDINANCE OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA AMENDING SECTION 8+02 OF THE House Moving MUNICIPAL CODE TO ESTABLISH A FILING FEE OF $50.00 FOR HOUSE Permit Fee MOVING PERMITS, was presented for second reading, and on motion by Councilman Tucker, seconded by Councilman Wilson, Ordinance 67--24 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Jordan Ordinance 67-25 Ordinance 67-25, entitled AN ORDINANCE OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION Rezone R-6-67 OF LOT A. BANNING TRACT, FROM R4 -CP TO P, PARKING DISTRICT, Bristol Baker BEING A PARCEL OF LAND ON THE NORTH SIDE OF MERRIMAC WAY, Corporation was presented for second reading. On motion by Councilman Pinkley, seconded by Councilman Wilson, the ordinance was read by title only and adopted by the following roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Jordan Local Agency Notices were received from the Local Agency Formation Com - Formation Commission mission of a proposed annexation to the City of Tustin Notice of Hearings designated as the Red Hill Avenue -Como Road Annexation, and to the City of Santa Ana designated as Barranca and Red Hill East Annexation, with hearing dates. set for September 13, 1967. On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the notices were ordered filed. 1 1 Gray Line Tours The following written communication was received and ordered filed on motion by Councilman Wilson, seconded by Councilman Tucker, and carried: Notice of rate increase application to Public Utilities Commission by'Gray Line Tours Company. Alcoholic Beverage The application of William H. and'Virginia R. Wayne to the Control Department of Alcoholic Beverage Control for a person-to- person transfer of on -sale beer license at the Sassy Lassy, 2901 Harbor Boulevard, was presented with the approval of the Planning Department for parking facilities. On motion by Councilman Wilson,, seconded by.Councilman Pinkley, and . carried, the application was received and filed. The application of Paul L. Borchard, doing business as The Green Door, 2253 Harbor Boulevard, to the Department of Alcoholic Beverage Control for a person-to-person transfer of on -sale beer license at that address was presented with the approval of the Planning Department for the parking at that address. On motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the application was received and filed.. Mrs. Swen Brockman A letter from Mrs. Swen Brockman, 453 Broadway, regarding Low -Flying Planes low-flying planes over the City, and suggesting that the Topless Dancers question,of topless -dancers be placed on the ballot at an election, was read. .On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the City Clerk was directed to forward the letter to the Federal Aviation Agency. Permits The application of George A. Aquino, doing business as Wind Wind Ambulance Ambulance Service, 736 West First Street, Tustin, and 1620 Service North French, Santa Ana, for a license to provide ambulance service in response to calls from Costa Mesa, was referred on.motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, to the Police Department for report back to the Council. Associated In -Group The application of Associated In -Group Donors, 4000 West Donors Third Street, Santa Ana, for waiver of conditions prescribed under Section 6914) of the Municipal Code in the solicita- tion of funds for participating organizations, was presented. After discussion, on motion by Councilman Tucker, seconded by Councilman Wilson, and carried, the request was granted. Mrs. Marilyn A. Krug The request of Mrs. Marilyn A. Krug, 388 East 17th Street, Costa Mesa, for permission to use a trailer for storage purposes only at the back of her store at that address, was presented, and -on motion by -Councilman Tucker, seconded by Councilman Wilson, and carried, the request was referred to the Planning Commission for study and report. White Front Stores The application of White Front Stores., 3088 Bristol Street, Costa Mesa, for parking lot amusement rides for the dates of September 21, 22, 23, 24, 28, 29, 30, and October 1, 1967, was approved subject to receipt of the license fee on motion by Councilman Wilson, seconded by Councilman Pinkley, and carried. Refund, Drouet The Clerkpresented recommendation from the Director of Building Safety for refund on Building Permit Application 27450 for Charles Drouet, 2674 -Elden Avenue, Costa Mesa; in the amount of $48.45. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, the refund was authorized by the following roll call vote: AYES: Councilmen: Wilson, Barck, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: Jordan X50 Refund, White The Clerk presented recommendation from the Director of Building Safety for refund on Building.Permit Applications 23132 through 23136 for Edward A. White, 2312 Newport Boule- vard, Newport Beach, in the amount of $82+.50. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, the refund was authorized by the following roll call vote: AYES: Councilmen: Wilson, Barck, Pinkley, Tucker NOES: Councilmen: None. ABSENT: Councilmen: Jordan Refund, Lura Reed The Director of Finance recommended a partial refund of license fee to Lura Reed of Huntington Beach on a license issued for painting house numbers on curbs. He stated that Miss Reed -has -found that she is allergic to paint and sug- gested that, since some work had been done under the license, -a refund of three-quarters of the fee of $36.00 would be equitable. On motion by -Councilman Wilson, seconded by Councilman Tucker, a refund of $27.00 to Miss Reed was authorized -by the following roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Jordan United Fund of The request from the United Fund of Costa Mesa to place -two Costa Mesa lighted thermometer -type signs, one on the Vaxd property facing Harbor Boulevard, and the second sign located at the southeast corner of the Costa Mesa Golf Course, until the campaign is over -,.was presented. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, per- mission was.granted as requested. Departmental Upon motion by Councilman Wilson, seconded by Councilman Reports Pinkley, and carried, the following departmental reports were received and filed: Traffic Engineer; Building Safety; Parks; Street; Fire; Finance,. -for the number of non-profit permits issued during the month of August, 1967. Warrant Resolution Warrant Resolution 508, including Payroll No. 6717, was 508- approved upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried -by the following roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None. ABSENT: Councilmen: Jordan Warrant Resolution Warrant Resolution 509 was approved upon motion by Councilman 509 Pinkley, seconded by Councilman Wilson,- and carried by the following roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Jordan City -Attorney The City Attorney had nothing to report. Bids Called The Acting City Engineer presented plans and specifications Improvement of for the improvement of certain .alleys in Tract No. 115+. He Alleys in Tract estimated the cost would be $28,572.10. After discussion, No. 115+ on motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the plans and -specifications were approved, and bids were called for September 29, 1967, to be opened and read at 11:00 a.m. Improvement of The Director of Public Works reported that the following Bear Street from bids had been opened and read by the City Clerk on September Sunflower Avenue 1, 1967, for the Improvement of Bear Street from Sunflower 1,481 Feet Southerly Avenue to- 1,481:feet .southerly: _ Improvement of NAME AMOUNT Bear Street Griffith Company $59,663.34 Continued Sully -Miller Contracting Company 54,306.97 R. J. Noble 47,494.62 Awarded He recommended that the contract be awarded to.the lowest responsible bidder. On motion by Councilman Wilson, seconded by -Councilman Tucker, the contract was awarded to R. J.'Noble Company in the amount of $47,494.62, with the starting date of the contract open to negotiation because of an impending strike, by the following roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None - ABSENT: Councilmen: Jordan - Bid Item 92 The Director of Public Works reported that the following bids Vibrating Road for a vibrating road roller had been received, opened, and Roller read by the City Clerk at 11:00 a.m. on September 1, 1967: NAME AMOUNT TERMS Layton Sales Company $1,850.00 Net, 30 days Essick Machinery Company 22095.62 Net, 30 days Dearth Machinery Company 22191.00 $30, 20 days from invoice Acco Construction Company 3,481.25 Net, 30 days Awarded He recommended that the contract be awarded to the Essick Machinery Company, being the bidder best meeting -specifica- tions, and on motion by -Councilman Wilson, seconded by Councilman Tucker, the contract was awarded to Essick Machinery Company in the amount of $2,095.62, by the follow- ing roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Jordan Bid Item 93 The Director of Public Works reported that the following Three -Gang Lawn bids -for three -gang lawn mowers had been opened and read Mowers by the City Clerk on September 1, 1967: NAME EACH 'TWO UNITS TERMS B. -Hayman Company, Inc. $1,576.00 $3,152.00 2% 30 days Pacific Toro Company 1,450.00 2,900.00 2% 30 days Awarded He recommended that the lowest bid be accepted, and on motion by Councilman Tucker, seconded by Councilman Pinkley, the contract was awarded to Pacific Toro Company, being the lowest responsible bidder, in the amount of $2,900.00, by the follow- ing roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES,: Councilmen: None ABSENT:- Councilmen: Jordan Bid Item 95 The Director of Public Works reported that the following bids Fire.Hose for supplying 2,500 feet of one and one -half-inch fire hose had been opened and read by the City Clerk on September 1, 1967: NAME - UNIT TOTAL Helprin Supply .875 $2,187.50 Wardlaw Fire Equipment .785 1,-962:50 Albro Fire Equipment -.890 -2,225.00 Awarded He recommended that the award be made to the low bidder, and on motion by Councilman Pinkley, seconded by Councilman Tucker, the contract was awarded to Wardlaw Fire Equipment, being the lowest responsible bidder, in the amount of $11962.00, by the following roll call vote: AYES: Councilmen: Barck,-Wilson, Tucker, Pinkley NOES: -Councilmen: None ABSENT: Councilmen: Jordan Director of The City Manager requested permission for the Director of Building Safety to Building Safety to attend the International Conference of Attend Conference Building Officials in Minneapolis, Minnesota, September 25 through 29, 1967. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, permission was granted, and a warrant Director of in the amount of 250.00 was authorized by the following roll Building Safety to call vote: Attend Conference AYES:. Councilmen: Barck,.Wilson, Tucker, Pinkley. Continued NOES: Councilmen: None ABSENT:. Councilmen: Jordan Urgency The City Manager reported that the recently -created Department Ordinance.67-26 of Communications, and the Director of Facilities and Equip - Adopted ment Supervisor were by the nature of their responsibilities Holiday Pay for required.to work on legal holidays and should be placed on Communications -the same accrual.of holiday pay basis as the members of the Department Police and Fire Departments.: On motion by Councilman Wilson, seconded by Councilman Tucker, Ordinance 67-26, entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADDING SECTION 2711.1 TO THE MUNICIPAL .CODE _OF THE CITY OF COSTA Ordinance 67-27 MESA,REGARDING WORKING TIME -AND HOLIDAYS FOR THE COMMUNICA- First Reading TIONS.DEPARTMENT AND CERTAIN.OTHER EMPLOYEES, was adopted as Guide Signs an urgency ordinance by the following roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Jordan. Call for Bids The City Manager presented specifications for Bid Item 94, Bid Item 94 100 -foot aerial ladder truck and miscellaneous equipment, and Aerial Ladder Truck .on motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the specifications were approved and call for bids was authorized to.be opened on September 29, 1967, at 11:00 a.m. Agreement, The City Manager presented anagreement. between the County County of Orange of Orange and the City of Costa Mesa covering the realignment Realignment of of Sunflower Avenue between Main Street and the Santa Ana - Sunflower Avenue Delhi Channel.and between Bear Street and approximately 1,300 feet east of Harbor which requires the annexation by the City of certain portions of right of.way upon completion_ of..the construction project and -recommended it be approved. Upon, motion by Councilman Wilson, seconded by Councilman Tucker, the agreement was approved and the Mayor and City Clerk authorized to sign on behalf -of the City by the following roll call vote: AYES:, Councilmen: Barck, Wilson, Tucker, Pinkley . NOES: Councilmen: None ABSENT: Councilmen: Jordan. Ordinance 67-27 Upon motion by Councilman Wilson, seconded by Councilman First Reading Tucker, Ordinance ,67-27, being AN ORDINANCE OF THE CITY COUN- Guide Signs CIL OF THE CITY OF COSTA MESA, AUTHORIZING THE TRAFFIC COMMIS- SION TO ESTABLISH GUIDE SIGNING IN THE CITY OF COSTA MESA AND ADOPTING STANDARDS FOR GUIDE SIGNS, was given first reading and passed to second reading:by the following roll call vote: _AYES: Councilmen:. Barck,-Wilson, Tucker, Pinkley--- NOES: Councilmen: _None ABSENT: Councilmen: Jordan Resolution 67-100 The City Manager reported that the Traffic Commission had Placentia Avenue recommended the restriction of.parking on Placentia Avenue Parking and presented Resolution 67-100, entitled A RESOLUTION.OF Restrictions ME CITY -COUNCIL OF THE -CITY OF COSTA MESA PROHIBITING PARK- ING AT.ALL TIMES ON;THE-WEST SIDE.OF PLACENTIA AVENUE BETWEEN JOA_NN:AND-WILSON STREETS., AND BETWEEN -4:00 P.M. AND ;6:00 P.M. ON THE EAST -SIDE OF PLACENTIA AVENUE BETWEEN 16TH AND 17TH STREETS,,with the recommendation that it be adopted. On motion by Councilman Tucker, seconded by Councilman Wilson, Resolution 677100 was -adopted: by the following roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen:_ None ABSENT: Councilmen: Jordan i Urgency The City Manager reported that, with the opening .of the fall Ordinance 67-28 seminar at Orange Coast College, traffic on that portion of Speed Limit on Adams Avenue lying between Harbor Boulevard and Fairview Adams Avenue between Road would increase to a point where_a reduced speed limit Harbor and Fairview should be established and recommended that the maximum speed be fixed at 40 miles per hour. After discussion, upon motion Tucker, Pinkley by Councilman Tucker, seconded by Councilman Pinkley, Ordi- NOES: Councilmen: None nance 67-28, entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3416.1 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO DECREASE THE SPEED LIMIT DATE NAME 8-11-67 _ Robert G. and Patricia Andrews; ON ADAMS AVENUE BETWEEN HARBOR BOULEVARD AND FAIRVIEW ROAD TO 40 MILES PER HOUR, was passed and adopted as an urgency Alley in Lot 97 ordinance by the following roll call vote: Patricia M. Andrews AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None . Valley Road ABSENT: Councilmen: . Jordan Minute Resolution The City Manager said that he had received a letter from Highway Alignment Orange Coast College regarding highway alignment. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, a Minute Resolution was adopted approving,the highway alignment of "S" Street between Adams Avenue and Warehouse Road as it applies to that portion of "S" Street which lies -within the Orange Coast College campus (between Adams Avenue and North Line R.S. 20-15). PART II The City. Council of the City of Costa Mesa, California, con- tinued its regular session at 7:30 p.m., September 5, 1967, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Vice Mayor followed by the Pledge of Allegiance to the Flag and invocation by the Reverend V. L. Hertweck of the Harbor Assembly: -of God Church. Roll Call Councilmen Present: Wilson, Barck,.Pinkley, Tucker Councilmen Absent: Jordan Officials Present: City Manager, City Attorney, Director of Public Works, Acting City Engineer, City Clerk Call for Bids The City Manager__presented plans and. -specifications for the Remodeling of Remodel Construction of a Recreation Building at the Tustin Tustin.Park -Avenue Park Site. Upon motion by Councilman Wilson, seconded Recreation Building by Councilman Pinkley, and carried, the plans and specifica- tions were approved and the City Clerk was authorized to advertise for bids to be read on September 29, 1967, at 11:00 a.m. Right of -Way Deeds The following right of way deeds were accepted and ordered ..placed on record upon motion by.Councilman Pinkley, seconded by Councilman Wilson, and carried by the following,roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None ABSENT:, Counci]men: -Jordan DATE NAME 8-11-67 _ Robert G. and Patricia Andrews; FOR Mabel E. Elliott; and Jack and Alley in Lot 97 Patricia M. Andrews Newport Heights 8-11-67 Clara Hill Valley Road 8-19-67 Harbor Trinity Baptist Church Baker Street Recess The Mayor declared a recess at 7:20 p.m.. PART II The City. Council of the City of Costa Mesa, California, con- tinued its regular session at 7:30 p.m., September 5, 1967, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Vice Mayor followed by the Pledge of Allegiance to the Flag and invocation by the Reverend V. L. Hertweck of the Harbor Assembly: -of God Church. Roll Call Councilmen Present: Wilson, Barck,.Pinkley, Tucker Councilmen Absent: Jordan Officials Present: City Manager, City Attorney, Director of Public Works, Acting City Engineer, City Clerk Call for Bids The City Manager__presented plans and. -specifications for the Remodeling of Remodel Construction of a Recreation Building at the Tustin Tustin.Park -Avenue Park Site. Upon motion by Councilman Wilson, seconded Recreation Building by Councilman Pinkley, and carried, the plans and specifica- tions were approved and the City Clerk was authorized to advertise for bids to be read on September 29, 1967, at 11:00 a.m. Resolution 67-101 The Vice Mayor said -that Mrs. Lucy Marty was a Costa Mesa Mrs. Lucy Marty resident who was going to celebrate her 100th birthday on September..10, 1967, and -she was present in the audience this evening., On motion by Councilman Barck,_seconded by Council- man Wilson, Resolution 67 -101, -being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CONGRATULATING MRS. LUCY MARTY ON ATTAINING HER 100TH BIRTHDAY, was adopted by the following roll call vote: - AYES: Councilmen:-Barck, Wilson, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Jordan Mr. Jack Hammett of the Costa Mesa Chamber of Commerce pre- sented Mrs.. Marty with a large bouquet of roses. Public Hearing The Vice Mayor announced that this was the time and place Abatement of a set for public hearing to abate a public nuisance at 2629 Public Nuisance Orange Avenue, owned by Mrs. Sara L. Bartholomae, 1916 North Bartholomae.' _ Flower Street, Santa Ana. Dean.Dorris of the Costa Mesa Building Safety Department .reported existing conditions in violation of City codes.. Photographs were presented showing the condition of the property. The Mayor inquired if anyone wished to speak. No one desiring to speak, public hearing was closed on'motion.by Councilman Wilson, seconded by Councilman Pinkley, and -carried. On motion by Councilman Wilson,_seconded by.Councilman Pinkley, and carried, the property at 2629 Orange Avenue was declared a public nuisance. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the owner was ordered to demolish or commence and continue restoration to bring the building up to code within a 3o -day period, as -.set forth in Section 92102.2 of the:Municipal Code. Public Hearing The Vice Mayor announced that this was the time and place Abatement of a set for the public hearing to abate a public nuisance exist - Public Nuisance ing at 297 -Avocado Street, owned by -.Ralph A. Lutge, 10+31 Lutge Bright Wood Drive, Santa Ana. Dean Dorris of the Costa Mesa Building Safety Department reported conditions in violation of the City codes.- Mr. Dorris reported that Mr. Lutge had already taken out.a.permit.-to demolish the property at that address. Photographs were presented showing the condition of .the property. ---The' Vice Mayor inquired if anyone wished to speak. No one desiring to speak, the Vice Mayor declared the hearing closed. Upon motion -by Councilman Wilson, seconded by Councilman Tucker, and carried, the property at 297 Avocado Ztreet was declared a -public nuisance, and the owner was ordered to demolish or to commence and continue restoration to -bring the building up to code within a 30 -day period, as -set forth in -Section 92102.2 of the Municipal Code. Ordinance 67-29 The City Attorney recommended an amendment to the Municipal First Reading Code whereby all lien holders would be notified of the exist - Public Nuisance ence of a public.nuisance and would also be held responsible for abatement. -On motion by Councilman Wilson, seconded by Councilman Tucker, Ordinance 67-29, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 92102.2 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO INCLUDE LIEN HOLDERS IN THE PROCEDURE FOR ABATING PUBLIC NUISANCES, was given first reading and passed to second reading by the following roll call vote: AYES:. Councilmen:, _Barck, Wilson, Tucker, Pinkley NOES: Councilmen:. None _-ABSENT: .Councilmen:. Jordan Subsurface Oil The request of Occidental Petroleum Corporation, 1508 . Lease Wilshire Boulevard, Suite 201, Los Angeles, for a subsurface TeWinkle Park oil and gas lease under City property in the TeWinkle Park area, was read. The City Attorney pointed out that slant Subsurface Oil drilling for subsurface oil was permissible under the City's Lease ordinance. He also informed the Council that under the terms TeWinkle Park of acquisition of the park property from the General Services Continued Administration, any lease would require the approval of the Secretary of the Interior. _After discussion, on motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the request was deferred to the City Attorney, to determine whether or not approval could be secured from the Secretary of.the Interior, and action was deferred pending receipt of his report. Conditional Use Conditional Use Permit C-23-67, being the application of Permit C-23-67 Central Bible Church of Costa Mesa, 190 -23rd Street, Costa Central Bible Mesa, for permission to continue the use of R2 property for Church church purposes and to add.a relocated educational building to be used for Sunday school purposes at 190 23rd Street, was presented with the recommendation of the Planning Commis- sion for approval subject to the following conditions: (1) Dedication of all land 30 feet from the center line,of Orange Avenue, including a 15 -foot radius spandrel at the corner of 23rd Street and Orange Avenue, to the City of Costa Mesa. (2) Shall meet all requirements of Title 19, Health and Safety Code; shall meet all requirements of Uniform Fire Code, 1961 Edition. (3) All.existing buildings located on the property to be inspected by the Department of Building Safety and the Fire Department and a report of their findings to be submitted to the Planning Department. Any structures deemed unsafe by the Department of.Bu.ilding Safety must be improved to meet the Code or removed. (4) Applicant to submit a complete Master Plan of proposed development of the -church property by January, 1968, if possible. (5) Arrange - meets for adequate interim parking -.must be made, -subject to the approval of the Director of Planning. (6) Tree planting compatible with the surrounding area and landscaping adjacent to the.sidewalk under the direction of the Director --of Plan- ning. (7) Installation of residential concrete sidewalks by the applicant and/or owner, at his expense, along 23rd Street to join existing sidewalk and continue to northwest property line according to the standard specifications of the City of Costa Mesa, at the time the Master Plan is developed or building started. (8) Installation of concrete block wall fence_, six feet high.,. -along the northwesterly, northeasterly, and.southeasterly property lines as shown on the plan submitted prior to final.occupancy of proposed sanctuary._ (9) Ingress and egress to be subject to the .approval of the Traffic Engineer and Director of Planning. The applicant was represented by Leon Francis, 3109 Taft Way, Costa Mesa, who spoke from the -floor. After discussion, on motion'by Councilman Wilson, seconded by Councilman Pinkley, and carried, Conditional Use Permit C-23-67 was granted sub- ject to the recommendations -of the Planning Commission. Conditional Use .Conditional Use Permit C-44-67, being the application of Mrs. Permit C-44-67 Marie.A. Weems, 4720 Atherton, Apartment No. 12, Long Beach, Mrs. Marie A. Weems for permission to operate a cocktail lounge in an existing building in a Shopping Center Zone at.2200 A Harbor Boulevard, was presented with the recommendation of the Planning Commis- sion for approval subject to the following conditions: (1) Dedication of all land 40 feet from. the center line of exist- ing.Wilson Street to.the City of Costa Mesa for street widen- ing purposes per Master Plan of Highways. (2) Reconstruction of all driveways on Harbor Boulevard and one opposite 2300 Harbor Boulevard (Harbor Shopping -Center) entrance on Wilson Street under the direction of the City Engineer in accordance with the. Traffic Engineer's requirements. (3) Shall meet all requirements of Title 19, California Administrative Code; Conditional Use shall=meet all requirements of Uniform Fire Code; illuminated Permit C-44-67 exit signs to be placed at each exit, and all exits to be Continued equipped with panic hardware. (4) Removal of a portion of concrete block wall on the north side of the most northerly driveway onto•College Avenue in -order to conform to height requirements next to driveways. (5) All planter areas adjacent to Wilson Street shall be properly improved with acceptable landscaping and damaged concrete planter walls shall be replaced subject to the Director of Planning. Bumper stops should be placed in those -parking stalls adja- cent to planter walls as a protection against damage; a bonafide written agreement or copy of a contract is required by the Planning Department -which will show intention by owner to maintain planter areas throughout shopping center. (6) Placement of a permanent barrier of concrete curbing or fencing, etc., at the most southwesterly property line adjacent to Mr. Steak in order -to eliminate access between K -Mart and Mr. Steak which constitutes a hazard.__ (7) Tree planting in parkway on College Avenue, under the direction of the Street Superintendent. Owner to purchase trees. (8) The type of entertainment shall be under the direction of.the City Attorney and the Director of Planning and shall not be -topless or bottomless. (9) Adequate trash areas shall be installed subject to the approval of the Director of Planning. Attorney Berrien E. Moore spoke saying the appli- cant objected to Condition No. 8. He also said the applicant intended not to serve food. Attorney John Hopwood spoke representing the owner of the property, saying the owner of the property did want food served and did not want topless entertainment on his property. After discussion, on motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, Conditional Use Permit C-4+-67 was denied. Conditional Use Conditional Use Permit C-45-67, being the application of Permit C-45-67 William 0. -Gray, 7744 East Cecilia Street, Downey, for per - Gray mission to construct and operate a."Jet Slide" with an approxi- mate -overall height -of 43 feet, in.a Cl -S zone at the K -Mart Shopping Center, 2200 Haxbor.Boulevard, was presented with the recom endation.of the Planning Commission for denial because there are no similar uses in the area and it would tend to make the shopping center a type of amusement park. Attorney John Hopwood represented the applicant, saying that his client would be in favor of an agreement that if the City found reason; it could give the -applicant 90 days to stop the -operation. The Vice Mayor inquired if anyone wished to speak for or against the application. Upon motion by Councilman Wilson, seconded. by Councilman Pinkley, and car- ried, the application was approved subject to the following conditions:, (1) Applicant to remove a portion of concrete block wall.on-the north side of the most northerly driveway onto College Avenue in order to conform to height require- ments next to driveways. (2) Dedication of all land 40.00 feet -from the center -line of existing Wilson Street to the City of Costa Mesa for street widening purposes per Master Plan of Highways. (3) All planter areas adjacent to Wilson Street shall be properly improved -with acceptable landscaping and: damaged concrete planter walls shall be replaced subject to the approval of the. Director of Planning. Bumper stops should be placed in those parking stalls adjacent to planter walls as a protection against damage. A bonafide written agreement or copy of a contract is required by the Planning Department which ..will show intention by owner -to maintain .planter areas throughout .the shopping center. (4) Applicant to submit a detailed landscaping plan for screening of scaf- folding -subject to the approval of the Plan Review Board. No construction permits -will-'be issued.until the detailed landscaping plan is approved. (5) Approval of this condi- Conditional Use tional use permit does not permit the erection of any sign Permit C-45-67 to advertise the Jet.Slide. (6) Applicant to install fencing, Continued minimum six feet high, continuously around the slide location. Fence material and..exact placement subject to the approval of.the Director of Planning. (7) In the event a concession booth is constructed, it shall first be approved by the Plan- ning Commission prior to issuance of a building permit. (8) Existing parking stalls are not to :be altered or deleted as.a result of this use. (9) Tree planting in parkway on College Avenue, under the direction of the Street Superin- tendent. Owner to purchase trees; City will cut out concrete in existing sidewalk and plant the trees. (10) All material directly or incidentally related to the nursery operation located at the north end of K -Mart Store shall be maintained in -the enclosed new storage area and shall be screened in a manner not visible from the street. (11) Conditions 1 through 4 and 9 and 10 to be complied with prior to issuance of any building permits for the Jet Slide. (12) Approved for one year (trial period), and the owner is to understand that_if-the City finds reason to object, it may give the applicant 90 days to-cease.operation. Conditional Use Conditional Use Permit C-49-67, being the application of Permit C-49-67 Wilbur L. Evans, 464 Lark Lane, Apartment F, Laguna Beach, Wilbur L. Evans for permission to.allow a body shop with one spray booth in a,C-2 zone at 143 East 16th Street, Costa Mesa, was presented with the recommendation of the Planning Commission for denial because of the applicant's failure to furnish the information required by the Planning Department. The applicant was not present. After discussion, on motion by Councilman Pinkley, seconded by Councilman Wilson, and -carried, the Council con- curred with the Planning Commission in denying the permit, and at the request of the Commission authorized the City Attorney to_issue an immediate cease and desist order for the operation. Conditional Use Conditional Use Permit C-50-67, being the application of Permit C-50-67 Chrysler Motors Corporation, c/o John L. Leary, 615 South Chrysler,Motors Flower Street, Los Angeles, for permit to construct and Corporation_ operate a new automobile dealership, including sales and service of all types of motor vehicles, sale of related merchandise and incidental servicing and repair of vehicles at the southeast corner of Harbor Boulevard and Warehouse Avenue ,,in a C1 -CP zone, was presented with the recommenda- tion of the Planning Commission for approval subject to the following conditions:' (1)'Dedication of all right of way to east line of new sidewalks, if different from existing right of way, and return to owner of any excess land easterly X of the sidewalk. (2) Applicant and/or owner to advance con- tractual cost of installing two double mast arm street lights in the Harbor Boulevard median. (3) Installation of concrete sidewalks and driveway approaches by applicant at his expense, and parking bay under the direction -of the City Engineer per standard specifications of the City of Costa Mesa. (4) Land- scaping compatible.with the surrounding area under the direction of the Director of Planning. (5) Relocation of any utilities to be at the expense of the owner and/or applicant. (6) All,spray painting to be done in an Underwriters' Laboratories -approved type.paint booth. (7) Extinguishers to be located throughout the building as may be required by the Fire Department; must comply with Uniform fire Code. (8) Proper permits,to be obtained for -the storage of flammable liquids and spraying operations at no cost to the applicant. (9) Land- scaping adjacent to Harbor Boulevard and Warehouse Road at such time that it is dedicated to the City and becomes public property; improved parking lot to be striped according to City standards, all subject to the approval of the Director Conditional Use of Planning.. (10) All utilities to be underground. (11) Out - Permit C-50-67 side lighting facilities location and public address loud Continued speaker system to be subject to Planning -Department approval. (12) All,signing shall be by Precise Plan subject to the' approval.of the -Planning Director -with -right of appeal to the Commission. (13) All ingress -egress tothe proposed use— shall be subject_to the. approval of the Traffic Engineer. (14) Rendering, as submitted, to be initialed by applicant and/or -representative and the Chairman of the Planning Com- mission. (15) Adequate hydrant distribution shall be pro- vided to insure property fire flow requirements. Mr. John Leary, representing Chrysler Motors Corporation, was present and agreed to the conditions. After discussion, on motion by Councilman Wilson, seconded by -Councilman Pinkley, and carried, Conditional Use Permit C-50-67 was approved subject to the -conditions imposed by the Planning Commission. Resolution.67-102 The City Attorney reported that one of the conditions of Public Hearing Set Conditional -Use -Permit C-50-67 was that the City should Intention to Vacate return to the property owners any excess land in the right Portion of Block 3, of way on the -easterly side of the sidewalk to be constructed. Cummings and Moon's He said that the engineers had prepared a legal description Addition to Fairview of this small strip of land and that if the Council wished to institute vacation proceedings at this time, a resolution of -intention to vacate should be adopted, setting the date for hearing on October 2, 1967. Thereupon, on motion by Councilman Wilson, seconded by Councilman Tucker, Resolution 67-102, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA -DECLARING ITS INTENTION TO ORDER THE VACATION OF.A PORTION OF -BLOCK 3 -OF CUMMINGS AND MOON'S ADDITION TO FAIRVIEV.IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Councilmen: Barck, Wilson, Tucker, Pinkley NOES: Councilmen:- None ABSENT: Councilmen: Jordan Oral Communications Mr. Ted Bologh spoke from the floor. Recess The -Vice Mayor declared a recess at 9:00 p.m., and the meet - Councilman Pinkley ing reconvened at 9:10 p.m.; Councilman Pinkley being Absent absent. Public Hearing The Vice Mayor announced that this was the time and Harry Maselli -place set for -public hearing on the revocation of the live enter - Baby Dolls- tainment permit,for"Baby Dolls and/or Enjoys at 2170 Harbor Entertainment Boulevard; that.notification had been duly given to Harry Permit- Mase -11i., -the proprietor, to appear and show cause why the permit should not be revoked. Mr.•Maselli and his attorney, Berrien Moore, were. present. The -Vice Mayor declared the hearing open. Attorney Berrien Moore, representing Mr. Maselli, stated that his -client was totally unprepared, had not been advised of the -charges -against him, and therefore asked that the hearing be continued. until Mr. Maselli had received an itemization of:grounds for revocation of his license. The City Attorney pointed out that both -Mr. Maselli and Mr. Moore had received due -and regular notice of the hearing. After hearing arguments on both sides, on motion by Councilman Wilson, -seconded by,Councilman Tucker, and carried, Assistant City Attorney Robert Humphreys was directed to pro-. - ceed with the hearing. The following witnesses testified after Mr. Maselli had left the Chamber; and Mr. Moore, declining -an invitation to cross-examine witnesses, stated his client would not participate in the hearing and also left, -leaving a reporter to record the proceedings: Jack Chandler, 1+732 Givens Street, Westminster; Jerry Nickels, -1+792 Colletta, Westminster; Chief -of Police Roger Neth; and the.following officers of the Costa Mesa Police Department: Bruce R. Ballinger, John A. Moquin, John Stoneback, David Dye, Harry Carter, John W. Calnon. Recess The Vice Mayor declared a recess at 11:20 p.m., and the meeting reconvened at 11:30 p.m. Public Hearing All persons wishing to be heard having been heard, and an Entertainment - :'opportunity having been given to anyone interested to testify, Permit ` ­ -the Vice:Mayor'declared the hearing closed. After discussion Continued and consideration of all the evidence submitted, it was moved by Councilman Wilson, seconded by Councilman Tucker, that the live entertainment permit issued to Harry Maselli Permit Revoked for Baby Dolls or Enjoys at 2170 Harbor Boulevard be revoked and that Mr. Maselli be given 72 hours in which to comply with the decision of the Council. The motion was carried by the following roll call vote: - AYES: Councilmen: Barck, Wilson, Tucker NOES: Councilmen: None ABSENT: Councilmen: Pinkley, Jordan The City Clerk was instructed to notify all holders of enter- tainer permits for topless dancing that they could no longer exercise their privilege under the permits because there was no longer a place of employment for them in the City. Live Entertainment The application of Verla Elaine Camacho, 829 West Monterey, Permits Pomona, for a live entertainment permit as a topless dancer Verla Elaine at Baby Dolls,. was presented. The Police Department report Camacho of investigation was read. After consideration, the applica- tion was denied on motion by Councilman Wilson, seconded by Councilman Tucker, and carried. Linda Lee Gay The application of Linda Lee Gay, 17028 Woodruff Avenue, Bellflower, for a live entertainment permit as a topless dancer at Baby Dolls, was presented. The Police Department report of investigation was read. After consideration, the application was denied on motion by Councilman Tucker, seconded by Councilman Wilson, and carried. Karen Kay Bailey The application of Karen Kay Bailey, 5232-B Namar Housing, Santa Ana, for a live entertainment permit as a go-go dancer at Harvey's A Go -Go, was presented. The investigation report of the Police Department was read and, after consideration, the permit was granted on motion by Councilman Wilson, seconded by Councilman Tucker, and carried. Constance Jane The application of Constance Jane DeRouchey, 1328 Sunshine DeRouchey - Way No. 3, Anaheim, for a live entertainment permit as a go-go dancer at Harvey's A Go -Go, which had_been held over from the meeting of August 21, 1967, for determination of probation conditions, was again presented. The Police Department report of investigation was read and, after con- sideration, the permit was denied on motion by Councilman Wilson, seconded by Councilman Tucker, and carried. Gloria Colleen The application of Gloria Colleen Majer, 1911 South Haster, M_ajer Anaheim, for a live entertainment permit as a go-go dancer at Harvey's A Go -Go, was presented. The Police Department report of investigation was read. After consideration, the permit was granted on motion by Councilman Tucker, seconded by Councilman Wilson, and carried. Barbara Gayle The application of Barbara Gayle Cutting, 6865 Homer Street, Cutting Westminster, for a live entertainment permit as a go-go dancer at the Wolf's Whistle, was presented. The Police Department investigation report was read. After considera- tion, the permit was granted on motion by Councilman Tucker, seconded by Councilman Wilson, and carried. O�k Adjournment Upon motion by Councilman Barck,.seconded by Councilman Wilson, and carried, the meeting was adjourned at 12:15 a.m. 6 Mayor of the Cit o Costa Mesa ATTEST : r City Clerk of the City of --Costa Mesa . [1 1