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HomeMy WebLinkAbout11/20/1967 - City Council400 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 20, 1967 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., November 20, 1967, at the City Hall, 77 Fair Drive, 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. Roll Call Councilmen Present: Wilson, Barck, Jordan, Pinkley, Tucker Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, Director of Public Works, City Clerk Minutes Upon motion by Councilman Barck, seconded by Councilman November 6, 1967 Pinkley, and carried, the minutes of the regular meeting of November 6, 1967, were approved as distributed and posted. Ordinance 67-34 On motion by Councilman Wilson, seconded by Councilman Adopted Pinkley, Ordinance 67-34, being AN ORDINANCE OF THE CITY Rezone R-9-67 COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOT 93 AND A PORTION OF LOT 94 OF TRACT N0. 653 FROM Ml TO R1, received second reading and was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 67-35 On motion by Councilman Barck, seconded by Councilman Wilson, Adopted Ordinance 67-35, being AN ORDINANCE OF THE CITY COUNCIL OF Baker Street THE CITY OF COSTA MESA AMENDING SECTION 3+16.1 OF THE MUNICI- Speed Limit PAL CODE OF THE CITY OF COSTA MESA TO DECREASE THE SPEED LIMIT ON BAKER STREET, FROM HARBOR BOULEVARD TO RED HILL AVENUE, TO 4o MILES PER HOUR, was presented for second read- ing and adoption. A letter from Ben Lovelace, 2997 Croftdon Street, Costa Mesa, was read appealing the Traffic Commis- sion's recommended 40 miles per hour and requesting that a 35 -miles -per -hour maximum speed limit be adopted. After discussion, Ordinance 67-35 was given second reading by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Golf Course Audit A proposed agreement between the City and the firm of Pyle, Lance, Schlinger and Soli, Certified Public Accountants for the auditing of operations of the Golf Course, subject to the lease agreement between the City and Novel B. James, which had been held over from the previous meeting of the Council, was again considered. After discussion, on motion by Councilman Wilson, seconded by Councilman Barck, the audit- ing agreement was approved and the Mayor and City Clerk authorized to sign in behalf of the City by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None 1 1 1 itI Rezone R-8-67 Rezone Petition R-8-67 for Charles A. Bonnett, 1500 Adams Bonnett Avenue, Costa Mesa, to rezone from R2, Taro -Family Residential District, to Cl, Local Business District, the property at 302 Victoria Street, was again presented with the approval of the Planning Commission for rezoning to AP, Administrative and Profession District, instead of Cl. Also presented was a letter from the Director of Planning stating that there would be no objection to the addition of a "CP" stipulation to the rezoning and that the'area was well within the limits of the AP boundaries projected by the Planning Department. After discussion, on motion by Councilman Wilson, seconded by Councilman Pinkley, the zoning change was approved and Ordinance 67=36 Ordinance 67-36 entitled AN ORDINANCE OF THE CITY COUNCIL OF First Reading THE CITY OF COSTA MESA CHANGING THE ZONING OF LOT 64 OF TRACT 57 FROM R2 TO AP -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Barck, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Councilmen: Jordan Madeline Dicarlo The request of Mrs. Madeline DiCarlo, 725 James Street, Trailer Apartment B, Costa Mesa, for permission to place -a trailer on the rear of her property at 113 Monte Vista, where she operates a restaurant, having been held over from the previous meeting, was again presented with a report from the Police Department. After discussion, on motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the request was denied. School District A letter from Mrs. Gordon G. Dale, Youth Services Chairman of Cooperation the League of Women Voters of Orange Coast, urging that the City Council meet with the Newport -Mesa Unified School Dis- trict and attempt to find a solution of the school problem, was read. After discussion, on motion by Councilman Barck, seconded by Councilman Tucker, and carried, the Council pledged cooperation if requested by the School Board, and directed a letter to be written to the League of Women Voters. Lake South of A letter from DeWitt Worcester, 2023 Republic Avenue, Costa Republic Avenue Mesa, urging consideration of the possibility of creating a lake and recreation area to the south of the 2000 block in Republic Avenue, was read and on motion by Councilman Jordan, seconded by Councilman Wilson, and carried, was referred to the staff for report back to the Council. Alcoholic Beverage On motion by Councilman Pinkley, seconded by Councilman Control _ Wilson, and carried, the following applications for alcoholic beverage licenses to the Department of Alcoholic Beverage Control were ordered received and filed, parking provisions having been approved by the Planning Department: Transfer of off -sale beer and wine license from Anthony N. and Rozella L. Moriana to The Southland Corporation for�the 7 -Eleven Food Market at 110 East 19th Street; new on -sale general license (public eating place) for_Reuben's, 1555 Adams Avenue, the application being in the name of Far West Services No. 31, Incorporated; new on -sale general license (public eating place) by Edward F. and June M. Zilm for Mr. Ed's, 1712 Placentia Avenue; new off -sale general license for Joseph R. Milligan, 1125 West Victoria Street, Unit P. Howard 0. A letter was read from Howard 0. Denghausen, 343 Magnolia Denghausen Street, Costa Mesa, stating that the frontage of his property was four to six inches above grade level of the abutting side- walk and offering to dedicate five feet for sidewalk purposes if the City would regrade and install the sidewalk. After discussion, the letter was held over to the meeting of December 4, 1967, on motion by Councilman Barck, seconded by Councilman Wilson, and carried. 402 Rezoning Request A letter from Edward C. Brown, 972 Denver Drive, Costa Mesa, Denver Drive Area accompanied by a petition bearing the signatures of 98 per cent of the property owners in the area bounded on the north by Paularino Avenue, on the east by the Corona del Mar Freeway, on the west by Laurelwood Estates, and on the south by the north line of the C1 -CP property on Baker Street, urging rezoning from the present A-1 classification, together with a previously submitted petition asking the establishment of Denver Drive as a cul-de-sac, was read. The Mayor pointed out that the rezoning of this area was being considered by the Planning Commission and on motion by Councilman Wilson, seconded by -Councilman Barck, and carried, the communications were referred to the Planning Department for report back to the Council. Baker Street A letter was read from Edgar K. Hill, 1691 Minorca Place, Grade Crossing Costa Mesa, stating that he had witnessed a train proceeding against the traffic flow across Baker Street at Harbor Boule- vard and.that an accident was narrowly averted. He urged again that steps be taken to protect this crossing and on motion by Councilman Jordan, seconded by Councilman Barck, and carried, the letter was referred to the staff to write a letter to Mr. Hill explaining that the tracks will be removed in the near future. Moden Annexation The Clerk presented an amended Minute Order of the Local Stipulations Agency Formation Commission regarding the proposed Moden Annexation to the City of Newport Beach, two of the added stipulations being that the Costa Mesa County Water District and the Costa Mesa Sanitary District should continue to serve the area without impairment by the annexing City. On motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the communication was ordered received and filed. Written The following written communications were received and Communications ordered filed on motion by Councilman Barck, seconded by Councilman Wilson, and carried: Mesa Verde Homeowners Association from James B. Wood, President, thanking Police Department for prompt and efficient assistance on Halloween; Public Utilities Commission notice of hearing on Gray Line Tours Company application for increased rates to be held November 28, 1967, at 10:00 a.m. at 107 South Broadway, Los Angeles; Mayor Gerald C. Mack of Tustin, inviting the Council to the Tustin Chamber of Commerce meeting on November 27th, at the Elks Lodge in Santa Ana, with Los Angeles Mayor Sam Yorty as speaker. Permits The Clerk presented application for business license from Newport -Balboa and Vending, 1021 West Collins, Orange, for one bowler at the Galley, 201+ Placentia Avenue. Location has been approved by the Police and Fire Departments. On motion by Councilman Barck, seconded by Councilman Pinkley, and carried, the license was approved. Small Parts, Incorporated, 13+6 Logan Avenue, Costa Mesa, by John H. Davison, requested permission to park a small trailer as an office for a -night watchman at the rear of the plant in an M-1 zone. After discussion, on motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the application was referred to the Planning Department for report back to the Council. The Clerk presented application for business license from Edward M. Bechtel, 1992 Anaheim Street, Costa Mesa, for yearly dance license at The Happening, 778-782 West 19th Street, Costa Mesa, location having been approved by Police and Fire Departments. Upon motion by Councilman Tucker, seconded by Councilman Wilson, and carried, the application was approved. Permits The Clerk presented an application for business license for Continued Procter and Gamble Distributing Company, Post Office Box 95, Cincinnati, Ohio, to deliver house-to-house advertising soap samples on November 20 through 28, 1967. Richard King, Field Supervisor, spoke from the floor. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the application was approved. On motion by Councilman Jordan, seconded by Councilman Barck, and carried, the following application for license to sell Christmas trees was approved subject to the approval of the Fire Department: Noonan Xmas Trees, 178 East 20th Street, Costa Mesa, for a lot at 2111 Newport Boulevard, from December 9 through 23, 1967. Departmental On motion by Councilman Pinkley, seconded by Councilman Reports Wilson, and carried, the following departmental reports were received and filed:. Police, City Treasurer, Parks, Finance, for the period ending October 31, 1967, and Finance, for the number of non-profit permits issued during the month of November. Warrant. On motion by Councilman Wilson, seconded by Councilman Resolution 517 Pinkley, Warrant Resolution 517 including Payroll No. 6723 was approved by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None - ABSENT: Councilmen: None Ordinance 67-37 Upon motion by Councilman Pinkley, seconded by Councilman First Reading Wilson, Ordinance 67-37, being AN ORDINANCE OF THE CITY Games of Chance COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING CERTAIN AMENDMENTS TO SECTION 4101 OF THE MUNICIPAL CODE FOR THE PURPOSE OF CLARIFYING SAID SECTION TO CONFORM WITH RECENT DECISIONS OF THE CALIFORNIA SUPREME COURT, was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Lighting District The City Attorney reported that Tract 6256, a part of De -annexation Paularino No. 11 Annexation to the Costa Mesa Street Light - Portion of ing District, also was included in Orange County Lighting Paularino District No. 12, and recommended that the Council adopt a No. 11 Annexation resolution asking the Board of Supervisors to de -annex the tract from the County Lighting District to avoid double taxation. On motion by Councilman Barck, seconded by .Resolution 67-112 Councilman Wilson, Resolution 67-112 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REQUESTING THE DE -ANNEXATION OF TRACT NO. 6256 FROM ORANGE COUNTY LIGHTING DISTRICT NO. 12, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Resolution 67-113 The City Attorney reported that he had studied the resolution Federal�Tax Sharing from the City of Tustin opposing federal tax sharing and urging that the objective of such sharing be attained by the restoration of taxing authority to local agencies, and he stated that the Council could; if it so desired, adopt a similar resolution. After discussion, on motion by Councilman .i.' Resolution 67-113 Wilson, seconded by Councilman Barck, Resolution 67-113, Continued being a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Federal Tax Sharing MESA, CALIFORNIA, OPPOSING THE PRINCIPLE OF FEDERAL TAX SHARING, was adoptea by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Agreement, The City Attorney presented an agreement between the Segerstrom Segerstrom Family and the City for the proposed widening of Fairview Fairview Road Road north of Baker Street. After discussion, on motion by Widening Councilman Wilson, seconded by Councilman Barck, the agree- ment was approved and the Mayor and City Clerk authorized to sign on behalf of the City by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Claim, The City Attorney said some time ago the Council authorized Harbor Hall of him to file suit against Harbor Hall of Fame Homes for the Fame Homes certain improvements on one of their tracts and on the rail- road crossing at Gisler Avenue. He presented the Council with two checks totaling $21,193.73 in settlement on the two claims. On motion by Councilman Pinkley, seconded by Council- man Wilson, the Council accepted the checks in payment of the claims by the. following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Paularino Avenue The City Engineer reported that in the negotiations for Catch Basin _ right of entry,for catch basin construction on Paularino Change Order Avenue, one property owner had granted approval subject to a relocation of the catch basin from the position shown in the specifications. The contractor has agreed to make the change for $303.00, and the City Engineer requested approval for'the change order. On motion by Councilman Wilson, seconded by Councilman Pinkley, the change order was approved by the following -roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES:, Councilmen: None ABSENT: Councilmen: None Bids Opened The City Engineer said that the City Clerk had opened bids on Street Improvements November 17, 1967, at 11:00 a.m. for the Construction of in Darrell Street Street Improvements in Darrell Street from 275 Feet to 378 Feet East of Pomona Avenue. The following bids were received: NAME AMOUNT E. L. White Company - $6,523.70 Griffith Company 6,623.00 R. W. McClellan and Sons, Incorporated 41999.00 Industrial Contracting Company 6,482.92 Sully -Miller Contracting Company 4,985.00 Awarded The City Engineer recommended that the bid -of the Sully - Miller Contracting Company be accepted as the lowest bid meeting specifications. On motion by Councilman Wilson, seconded by Councilman Barck, the contract was awarded to Sully -Miller Contracting Company in the amount of $4,985.00 by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Notice of The City Engineer said Yoder and Sons had completed the Completion Improvement of Valley Road from Victoria Street to Hamilton Yoder and Sons Street from 370 Feet West of Valley Road to 264 Feet East of Valley Road, and recommended that the work be accepted and notice of completion be filed. Upon motion by Councilman Wilson, seconded by Councilman Barck, and carried, the improve- ments were. accepted, and the City Clerk was instructed to file notice of completion. George Madsen Councilman Tucker congratulated George Madsen on his appoint - Appointed ment by the City Manager as City Engineer of the City of City Engineer Costa Mesa, effective on November 6, 1967. Notice -of The City Engineer said R. J. Noble Company had completed Completion the Improvement of Bear Street from Sunflower Avenue to R. J. Noble 1,481 Feet Southerly and recommended that the work be Company accepted and notice of completion be 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. Bid._Item 99 The Director of Public Works reported on the bids held over Tractor from the meeting of November 6, 1967, Bid Item 99, One 1968 Tractor. He said that the bid of McCoy Motor Company was the lowest responsible bid that meets specifications. Upon Awarded motion by Councilman Barck., seconded by Councilman Wilson, the contract for Bid Item 99 was awarded to McCoy Motor Company in the amount of $5,675.00, by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ,ABSENT: Councilmen: None Emergency Bid The Director of Public Works reported an emergency situation Runners for City had arisen with people slipping at the front and rear entrances Hall Entrance of the City Hall because of rainy weather. He requested authorization of the Council to purchase, by emergency bid, matting for safety reasons. Upon motion by Councilman Pinkley, seconded by Councilman Barck, the contract for Runners for City Hall Entrance was awarded to Pickwick Paper Products in the amount of $2,956.70, 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 7:50 p.m. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:30 p.m., November 20, 1967, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor followed by the Pledge of Allegiance to the Flag and invocation by the Reverend Henry E. Jones of the Central Bible Church. Roll Call Councilmen Present: Wilson, Barck, Jordan, Pinkley, Tucker Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works, City Engineer, City Clerk Fountain Valley Notice was received from the Department of Transportation, Airport Federal Aviation Administration, of a proposed airport in Fountain Valley on the west side of the Santa Ana River, between Warner and Talbert Avenue, with a 2,500 -3,000 -foot runway. Comments, if any, were requested prior to December 6, 1967, on the proposed airport. After discussion, on motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the notification was referred to the Planning Depart- ment for report at the meeting of December 4, 1967. Public Hearing The Mayor announced that this was the time and place set for Abatement of the public hearing to abate a public nuisance existing at Public Nuisance, 931 Paularino Avenue, owned by Stuart I. Hansen, 4632 Santa Hansen Monica Boulevard, Los Angeles. Dean Dorris of the Building Safety Department reported conditions in violation of the City Code. Photographs were presented showing the condition of the property. The Mayor asked if anyone wished to be heard and, no one responding, declared the hearing closed. Upon motion by Councilman Wilson, seconded by Councilman .Barck, and carried, the property at 931 Paularino Avenue was declared a public nuisance. On motion by Councilman Tucker, seconded by Councilman Wilson, 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 92101.2 of the Municipal Code. Public Hearing The Mayor announced that this was the time and place set for Abatement of public hearing to abate a public nuisance at 513 Center Public Nuisance, Street, listed in the Assessor's records as owned by Dr. D. L. Warwick Warwick, 2095 Harbor Boulevard, Costa Mesa. A letter was received from Dr. Warwick stating that he had no interest whatsoever in the property. The Clerk presented a copy of Grant Deed recorded August 31, 1965, of the property at 513 Center Street showing the owners to be Delbert L. and Mary Jane Warwick. Dean Dorris of the Building Safety Department reported existing conditions in violation of City Code. Photographs were presented showing the condition of the property. The Mayor asked if anyone wished to be heard. No one desiring to speak, the Mayor closed the public hearing. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the property at 513 Center Street was declared a public nuisance. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, 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 92101.2 of the Municipal Code. The Clerk was instructed to enclose a copy of the title report with his communication to Dr. Warwick. Vehicle Parking The City Clerk announced that the term of Donald D. Seymour District No. 2 on the Board of Vehicle Parking District No. 2 had expired Seymour on November 19, 1967. On motion by Councilman Wilson, sec - Reappointed onded by Councilman Barck, and carried, Donald D. Seymour was reappointed to serve another three-year term, expiring November 19, 1970. Wilbur Smith and The Clerk said that reports had been distributed to the Associates Council by Wilbur Smith and Associates on their study of Traffic Study the East 18th Street and Newport Boulevard area. Mr. Robert Crommelin of the Los Angeles office spoke to the Council summarizing the report. On motion by Councilman Wilson, seconded by Councilman Pinkley, the report was accepted and payment authorized by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Transitional Resolution R-4-67 of the Planning Commission, establishing Area. Use, a "collection agency service" as a permitted use in a transi- "Collection Agency" tional area, was presented and on motion by Councilman Wilson, seconded by.Councilman Barck, and carried, the use was approved for transitional areas. Encroachment Encroachment Permit No. 20, being the application of C. J. Permit No. 20 Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for Segerstrom permission to construct a 24 -inch -high concrete retaining wall in the public right of way at that address, was pre- sented with the Planning Commission's recommendation for approval subject to the following conditions: 1. The retaining wall adjacent to the curb shall be moved away from the curb as far as is practical. The desirable distance is 22 feet from curb face to face of the retaining wall. The final plans shall be approved and signed by the City Engineer. 2. Applicant shall make an agreement with the City of Costa Mesa that they will remove said retaining wall, at their expense, upon demand by the City, if necessary. On motion by Councilman Wilson, seconded by Councilman Barck, and carried, the application was approved subject to the recom- mendation of the Planning Commission. Agreements, Agreements between the City of Costa Mesa and the following Paularino Avenue property owners on Paularino Avenue for right of entry for Drainage the construction of catch basins and drainage tubes were presented: Cecil and Evelyn Cruzon, 811 Paularino Avenue; Jack H. and Jean Park, 795 Paularino Avenue; Bert C. and Catherine Monroe, 801 Paularino Avenue; Walter W. and Joyce B. Shellenbarger, 789 Paularino Avenue. On motion by Councilman Wilson, seconded by Councilman Pinkley, the agreements were approved and the Mayor and City Clerk were authorized to sign in behalf of the City by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Commemorative Stamp The City Clerk presented a resolution from the City of San Diego pointing out that the 200th anniversary of the found= ing of Mission San Diego de Alcala, recognized as the beginning of the State of California, would be observed in 1969, and urging that a commemorative stamp -be issued on behalf of the State. The City of.San Diego requests that other California cities join in asking this commemorative stamp, and on motion by Councilman Wilson, seconded by Resolution 67-114 Councilman Barck, Resolution 67-114, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA URGING THE ISSUANCE OF A COMMEMORATIVE STAMP IN RECOGNITION OF THE FOUNDING OF THE STATE OF CALIFORNIA, was adopted by the following -roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Set for Public Upon motion by Councilman Pinkley, seconded by Councilman Hearing Wilson, and carried, the following Rezone Petitions R-10-67 and R-11-67 were set for public hearing at the meeting of December 4, 1967, at 7:30 p.m., or as soon thereafter as practicable: Rezone R-10-67 1. Rezone Petition R-10-67, Ben Lovelace, et al, 2997 Lovelace Croftdon Street, Costa Mesa, for permission to rezone property at 2994, 2998, 2999, 2995 Milbro Street, and 2988, 299+, 2998, 2997, 2993, 2987 Croftdon Street, and 2998 Babb Street from R1, Single Family Residential, to C2, General Commercial. Rezone R-11-67 2. Rezone Petition R-11-67, Howard Carson, Post Office Carson Box 1590, Costa Mesa, for permission to rezone property on the east side of Whittier Avenue between 17th and 18th Streets from M1, Industrial District, to R1, Single Family Residential District. Right of Way Deeds Upon motion by Councilman Wilson, seconded by Councilman Pinkley, the following right of way 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 NAME FOR 11-8-67 Harold Segerstrom, et al South Coast Drive Hyland Avenue 10-18-67 Jean C. and Thelma C. Musick Placentia Avenue 11-9-67 Edith M. Nakaya Placentia Avenue 11-10-67 Harbor Boulevard Leasing Corporation Mesa Verde Drive East 11-15-67 Emil Comchola Placentia Avenue 11-15-67 Madison B. and Florence L. Payne Placentia Avenue 11-8-67 Walter and Barbara Beit Placentia Avenue 11-20-67 Stephen M. and Madeline S. Toy Wilson Street Variance V-25-66 The Clerk presented the request for relief on certain condi- Spengler tions on Variance V-25-66, Don H. Spengler, 421 Seville Avenue, Balboa, having been held over from the meetings of October 2, 16, and November 6, 1967, together with the recom- mendation of the Planning Commission as follows: "The Com- mission recommended deletion of the following conditions and added Condition No. 4. Delete: 1(B) Applicant and/or owner shall deposit with the City a bond or savings and loan certi- ficate (amount to be determined by the City Engineer), for the improvement of the alley to the rear of this building site, a distance of 147 feet. Delete: 1(C) The grades for the rear parking shall be such that it will be accessible from the alley. Said grades to be approved by the City Engineer. Add: Condition No. 4. That a retaining wall be installed for 147 feet along the alley and that the property drain to Orange Avenue." The Mayer inquired if anyone wished to speak.. Mr. Spengler asked for the deletion of Condition No. 4, the retaining wall, inasmuch as a pump will be installed. After discussion, upon motion by Councilman Wilson, seconded by Councilman Barck, and carried, the application was approved subject to the recommendation of the Planning Commission with the deletion of the retaining - wall, to be replaced by a pump under the direction of the Building Safety Department. Variance V-24-67 Application for Variance V-24=67, Ralph Clure, 2770 DeSoto Clure Street, CostaMesa, for permission to encroach one foot, three inches into required side -yard setback of 10 feet in order to enlarge the master bedroom at that address, was presented together with the recommendation of the Planning Commission for approval. The Mayor asked if anyone wished to - speak. No one wishing to speak, the application was approved on motion by Councilman Wilson, seconded by Councilman Tucker, and carried. Variance V-25-67 Variance Application V-25-67, Eugene F. Young, 2002 Meyer Young Place, Costa Mesa, for permission to encroach 15 feet into required 25 -foot rear -yard setback for construction of an additional residence, making a total of two residences on 6,900 square feet of land area, in an R2 zone, was presented together with the recommendation of the Planning Commission FJ 1 Variance V-25-67 for approval subject to the following conditions: 1. Exist - Young ing patio cover attached to garage to be removed. 2. Tree planting compatible with the area. 3. Construct residential sidewalks and concrete driveway approach at owner's expense per standard specifications of the City of Costa Mesa. 4. Driveway and parking areas to be asphalt or concrete. 5. Landscaping along the northerly side of the property and in the front 25 feet. The Clerk reported that no written communications had been received. Upon motion by Councilman Tucker, seconded by Councilman Barck, and carried, the application was approved.subject to the recommendation of the Planning Commission. Variance V-26-67 Byron Tarnutzer Variance Hubbard Variance Application V-26-67, Byron Mitchell Tarnutzer, 1617 Westcliff Drive, Newport Beach, for permission to construct 70 apartment units on 104,647 square feet of land area (one unit per 1,494.9+ square feet of land area) in R2 and Cl zones, was presented together with the recommendation of the Planning Commission for approval subject to the follow- ing conditions: 1. Dedication of all land 40.00 feet from center line of Wilson Street to the City of Costa Mesa for street widening purposes per Master Plan of Highways. 2. Owner shall be required to construct or post a bond, amount to be determined by the City Engineer, for the installation of concrete residential sidewalks and drive approach on Wilson Street in front of proposed. 3. Advance construc- tion costs for three ornamental steel poles (at $167.00 each) and advance energy costs for street lighting as required by Street Lighting Superintendent. 4. Adequate interior driveway and parking area lighting to be installed subject to the approval of the Street Lighting Superintendent and Director of Planning. 5. Tree planting in parkway (at ultimate location) compatible with surrounding area (four trees required) under the direction of the Street Superin- tendent. 6. Driveway, 30 -foot minimum width, .to be pro- vided under the direction of the Traffic Engineer. 7. Land- scaping will be required, as shown on approved plan, subject to the approval of the Director of Planning. 8. All off-street parking areas to be improved and striped per City standards with areas not to be used for parking to be marked "No Parking," under the direction of the Director of Planning. 9. Approval of this application will approve the submitted plot plan of development which shall serve as a precise plan. Deviations from the precise plan will not be permitted without Planning Commission approval. 10. Approval of this application will permit use of C1 property for apartments until a zone change can be initiated. 11. Prior to the issuance of any building permits, a drainage plan of the proposed shall be submitted for review by the City Engineer. 12. Shall meet all regulations of 1961 Uniform Fire Code and the regulations of State Fire Marshal Code, Title 19; shall provide two Class A fire hydrants as per Fire Department requirements. The Clerk reported that no written communications had been received. A representa- tive of the applicant agreed to the conditions of the Plan- ning Commission. Upon motion by Councilman Barck, seconded by Councilman Wilson, and carried, the application was approved subject to the recommendations of the Planning Commission. V-27-67 Application for Variance V-27-67, Harry Howard Hubbard, 2822_Monterey Avenue, Costa Mesa, for permission to encroach 13.40 feet into required rear -yard setback of 19.40 feet for addition of playroom and patio to residence at that address, was presented together with the recommendation of the Plan- ning Commission for approval. The Clerk read a letter addressed to the Planning Commission from James A. Goda, Variance V-27-67 11+6 Corona Lane, Costa Mesa, opposing the granting of the Hubbard application. The Mayor inquired if anyone wished to speak. Continued No one wishing.to speak, upon motion by Councilman Barck, seconded by Councilman Wilson, and carried, the application was approved. Conditional Use Application for Conditional Use Permit C -311 -Amended, Ruth Permit C -311-A J. Fudge, 599 Hamilton Street, Costa Mesa, for permission to Fudge continue the operation of a home occupation of using an existing workroom as a catering kitchen for light cooking as previously allowed under Conditional Use Permits C-17, C -17 -Amended, and C-311, was presented together with the recommendation of the Planning Commission for approval sub- ject to the following conditions: 1. No signs and no employees. 2. One 6 -BC fire extinguisher to be placed by the entryway to the kitchen. 3. For a period of three years. The applicant was present. The Mayor asked if any- one wished to speak. No one wishing to speak, motion for approval subject to the recommendations of the Planning Commission was made by Councilman Wilson, seconded by Councilman Barck, and carried. Conditional Use The Clerk presented a request for permission to amend the Permit C-33-67 plot plan originally submitted and approved under Conditional Audette Use Permit C-33-67, B. J. Audette, 365 North Newport Boule- vard, Newport Beach, together with the recommendation of the Planning Commission for approval provided that the plot plan meets all the requirements of the Planning Department and that any deviation in the plan, if the Planning Depart- ment so requires it, should be brought back to the attention of the Planning Commission. On motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, Councilman Jordan.abstaining, the request was approved subject to the recommendations of the Planning Commission. Conditional Use Application for Conditional Use Permit C-63-67, Masashi Permit C-63-67 Kawamura, 573 West 19th Street, Costa Mesa, for permission Kawamura to continue use of an existing dwelling for a dual usage of living quarters and retail sales of artificial flowers and artificial floral arrangements and to permit an addition to existing residence for retail sales area at that address, was presented together with the recommendation of the Plan- ning Commission for approval subject to the following condi- tions: 1. Tree planting compatible with the area. 2. Construct commercial sidewalks and concrete drive approach on West 19th Street at applicant's expense, per standard specifications of the City of Costa Mesa. 3. Provide a 16 -foot minimum driveway. 4.. Applicant to take out building permits and bring existing building up to Code. 5. Blacktop the driveway and parking area as shown, to include striping. 6. That the front 10 feet be landscaped under the direction of the Planning Director in place of parking space No. 8. 7. That a rear entrance be provided to the commercial area for easy access from the parking lot. 8. That a sign "Parking in the Rear" be installed under the direction of the Director of Planning. 9.. Clear all weeds and organic matter that would present a fire hazard on the property. 10. Must meet all conditions of Uniform Fire Code and Title 19. After discussion, on motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the application was approved subject to the recommendation of the Planning Commission. Conditional Use Conditional Use Permit C-64-67, Fotomat Corporation, 920 Permit C-64-67 Kline Street, La Jolla, for permission to install and operate Fotomat a drive-in photo pickup and delivery service in a Cl -S zone at 201 East 17th Street (Mesa Center), was presented together with the recommendation of the Planning Commission for denial. 1 1 LJ Conditional Use Mr. Rex Hornibrook representing the applicant, and Mr. Ken Permit.0-64-67 Hartman, owner of the property, spoke to the Council. Fotomat Mr. Hornibrook read a copy of a letter addressed to'the Council Continued stating that Fotomat Corporation would relocate, at their expense, their building in the event that 17th Street were to be widened. After discussion, on motion by Councilman Barck, seconded by Councilman Tucker, and carried, Councilman Pinkley voting No, the application was approved subject to the following conditions: 1. That the applicant relocate or remove the building at no expense to the City in the event that 17th Street is to be widened. 2. Time limit of one year, at no additional cost to the applicant for reapplica- tion, and if application is not approved by the Council, then Fotomat Corporation must remove the building at their expense within a 30 -day period. 3. Subject to the location of the building being under the direction of the Planning Department. Oral Communications There were no oral communications. Resolution 67-115 The City Manager said that the bond indenture for Costa Mesa Guaranteeing Municipal Golf and Country Club, Incorporated, had a require - $1,000 Deductible ment not permitting any deductible insurance. On motion by in Earthquake Councilman Wilson, seconded by Councilman Barck, Resolution Insurance, 67-115, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY Golf Course OF COSTA MESA GUARANTEEING THE PAYMENT OF $1,000.00 DEDUCTIBLE IN EARTHQUAKE INSURANCE ON THE COSTA MESA MUNICIPAL GOLF AND COUNTRY CLUBHOUSE AND GUARANTEEING THE $1,000.00 DEDUCTIBLE IN EARTHQUAKE INSURANCE ON THE MAINTENANCE BUILD- ING FOR SAID MUNICIPAL GOLF COURSE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Call for Bids On motion by Councilman Wilson, seconded by Councilman Barck, Bid Item 100, and carried, call for bids for Bid Item 100, One 1968 Trailer, Trailer was authorized, bids to be read at 11:00 a.m. on December 1, 1967. Permits, Stegman The City Manager said that the applications for pin -ball machines that were held from the meeting of November 6, 1967, for American Billiards and Sip and Sea had been investigated by the Police Department. It was found that the counting device on the machines will go over the recom- mended five. The City Manager requested an extension of time to determine whether this counter can be locked to not exceed five. Upon motion by Councilman Wilson, seconded by Council- man Barck, and carried, the applications were held to the meeting of December 4, 1967. Underground Wiring The City Manager said that $69,300.00 had been allocated by the Southern California Edison Company for the replacement of existing overhead with underground facilities because of a recent ruling of the Public Utilities Commission. Live Entertainment The Clerk presented application for a live entertainment Permits permit for Joyce Anne Greene, for topless dancer at Baby Dolls, 2170 Harbor Boulevard. Chief Neth recommended denial Joyce Anne Greene because there is no license granted to the intended place of employment. On motion by Councilman Barck, seconded by Councilman Tucker, and carried, the permit was denied. Treah Ann Melrose The application of Treah Ann Melrose, -topless dancer at Baby Dolls, 2170 Harbor Boulevard, was presented. Chief Neth reported that there was no license issued to the intended place of employment and recommended denial. On motion by Councilman Pinkley, seconded by Councilman Tucker, and car- ried, the application was denied. Beth Elaine Ormond The application of Beth Elaine Ormond, for topless dancer at Baby Dolls, 2170 Harbor Boulevard, was presented. Chief Neth reported that the investigation was incomplete. Upon motion by Councilman Tucker, seconded by Councilman Barck, and carried, the application was held over to the meeting of December 4, 1967. Billy Joe Smith The application of Billy Joe Smith, for an owner's permit, The Galley, 201+ Placentia Avenue, was presented. Chief Neth recommended approval of the application. Upon motion by Councilman Wilson, seconded by Councilman Barck, and carried,.the application was approved. Calvin Ross The application of Calvin Ross Mehaffey, for musician -at Mehaffey Maitre De Restaurant, 719 West 19th Street, was presented. Chief Neth said that the investigation was satisfactory. Upon motion by Councilman Wilson, seconded by Councilman Barck, and carried, the application was approved. The Chief of Police said that recent applications had been received and.investigations were not complete for the following: NAME TYPE OF PERMIT Murvy E. Bridgham, Jr. Musician David Lindsey Booker Musician -Singer Curtis Horace Jordan, Jr. Musician Gary James Dodson Musician -Singer On motion by Councilman Barck, seconded by Councilman Tucker, and carried, the applications were held over to the meeting of December 4, 1967. Regina Shane On motion by Councilman Wilson, seconded by Councilman Barck, Stevens and carried, the application for Regina Shane Stevens for go-go dancer at Papa Joe's, 178+ Newport Boulevard, was held over to December x-,.1967, because of incomplete investigation. Adjournment On motion by Councilman Jordan, seconded by Councilman Barck, and carried, the meeting was -adjourned at 8:55 p.m. Mayor of the Qi -Cy /of Costa Me ATTEST: i - City Cl rk of the City of Costa Mesa 1