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HomeMy WebLinkAbout12/04/1967 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 4, 1967 PART I 413 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., December 4, 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, Tucker, Pinkley Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works, City Engineer, City Clerk Minutes Upon motion by Councilman Barck, seconded by Councilman November 20, 1967 Pinkley, and carried, the minutes of the regular meeting of November. 20, 1967, were approved as distributed and posted. Ordinance 67-36 Ordinance 67-36, entitled AN ORDINANCE OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA CHANGING THE ZONING OF LOT 64 OF Rezone R-8-67 TRACT 57 FROM R2 TO AP -CP, was presented for second reading-. On motion by Councilman Wilson, seconded by Councilman Barck, the ordinance was read by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Councilmen: Jordan Ordinance 67-37 Ordinance 67-37, entitled AN ORDINANCE OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA, CALIFORNIA, MAI,= CERTAIN AMEND - Games of Chance MENTS TO SECTION--41ol-OF THE MUNICIPAL CODE FOR THE PURPOSE OF CLARIFYING SAID SECTION TO CONFORM WITH RECENT DECISIONS OF THE CALIFORNIA SUPREME COURT, was presented for second reading. On motion by Councilman Pinkley, seconded by Councilman Barck, Ordinance 67-37 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Fountain Valley The report of the Plannirg Department was presented on the Airport proposed location of a Fountain Valley Airport west of the Santa Ana River, recommending that the location be protested unless observance of the following conditions could be guaranteed: 1. Right traffic pattern only southwest. 2. Left traffic pattern only northeast. 3. All pattern flying to be conducted north of the San Diego Freeway. 4. No intersection take -offs. 5. Departures to be as shown on map with no turns over the Santa Ana River below 1,500 feet mean sea level. Also presented was a report of an Ad Hoc Committee, Jack Hammett, Chairman, recommending that no approval be given the proposed Fountain Valley Airport because of the extreme difficulties involved with aircraft and safety to those in the air and on the ground and that the Planning Commission and the City Council adopt this recommendation. After discussion, on motion by Councilman Barck, seconded by Councilman Pinkley, and carried, the Council went on record in opposition to the placement of the airport at that location, and recommended that if the airport is approved in that area it should be approved with the various stipulations recommended by the Planning Department. Small Parts, The Clerk read a letter from Small Parts, Incorporated, Incorporated, 13+6 Logan Avenue, Costa Mesa, by John H. Davison, request - Trailer ing permission to park a small trailer as an office for a night watchman at the rear of the plant in an M-1 zone. The Clerk read the recommendation of the Planning Department for approval subject to the following conditions: 1. That the trailer not be used for living purposes. 2. For a period of six months. 3. That the location of the trailer be approved by the Planning Department. On motion by Councilman Wilson, seconded by Councilman Barck, and carried, the application was approved subject to the conditions of the Planning Commission. Howard 0. The letter from Howard 0. Denghausen, 343 Magnolia Street, Denghausen Costa Mesa, was presented offering to dedicate five feet of his property for sidewall,, purposes if the City would regrade and install the sidewalk. On motion by Councilman Wilson, seconded by Councilman Barck, and carried, the letter was held over to the meeting of December 18, 1967. Federal Tax Sharing The City Clerk presented a letter from Congressman James B. Principle Opposed Utt acknowledging receipt of the City Council's resolution. in opposition to federal tax sharing and declaring his sup- port of local control of tax money. Also presented was a resolution from the Anaheim City Council.opposing federal tax sharing. On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the communications were ordered received and filed. Alcoholic Beverage The application of Anthony N. and Rozella L. Mariana to the Control Department of Alcoholic Beverage Control for an off -sale beer and wine license at the 7 -Eleven Food Store, 1031 E1 Camino Drive, having beenapproved as to parking require- ments by the Planning Department, was presented. On motion by Councilman Wilson, seconded by Councilman Pinkley; and carried, the application was ordered received and filed. Written Notice was received from the Local Agency Formation Commis - Communications sion-that a public hearing will be held on December 13, 1967, by the Commission on the proposed annexation to the Irvine Ranch Water District covering the Lighter Than Air Base area. On motion by Councilman Barck, seconded by Coun- cilman Wilson, and carried, the notice was received and filed. Highway Users Tax The Clerk read a notice from the State Controller that the Fund Apportionment highway users tax fund apportionment would total $x+8,863.01. On motion by Councilman Barck, seconded by Councilman Wilson, and carried, the apportionment was accepted. Permits The City Clerk presented an application from Loma Residence Hall, c/o University California Irvine, 203-D Loma Mesa Court, Newport Beach, for a one-night dance at the Fairgrounds on December 2, 1967. Informal approval was ratified and application was granted on motion by Councilman Wilson, seconded by Councilman Barck, and carried. On motion by Councilman Wilson, seconded by Councilman Barck, and carried, the following applications for licenses to sell Christmas trees were approved subject to the approval of the Fire Department: McGuire and Clark, 1106 Cynthia Circle, Apartment 56, Garden Grove, for a lot at 380 East 17th Street, Costa Mesa. Jim Ross, 247 61st Street, Newport Beach, for a lot at 2190 Harbor Boulevard and a lot at 283 East 17th Street, Costa Mesa. Boys Club of the Harbor Area, 2131 Tustin Avenue, Costa Mesa, for a lot at 707 West 19th Street, Costa Mesa. . Seventh-Day Upon motion by Councilman Wilson, seconded by Councilman Adventist Church Tucker, and carried, permission was granted to Newport Harbor Seventh-Day Adventist Church, 271 Avocado Street, Costa Mesa, to carry on their regular Christmas caroling program from December 3rd to December 25th, being played from a public address system on a car. The Clerk read a letter from Mrs. James D. Cox, leader of Cadette Troop 152, Santiago Girl Scout Council, Orange, for permission to conduct a hayride for the troop on Thursday evening, December 21st. Mr. Al Christison of the E1 Dorado Stables spoke. After discussion, on motion by Councilman Wilson, seconded by Councilman Barck, and carried, the request was approved subject to the approval of the Police Department and the Traffic Engineer. Refund The Clerk read a recommendation from the Street Superintendent Continental Pool that the cash deposit of $100.00 be refunded.to the Contin - Company _ ental Pool Company, 89+2 Katella Avenue, Anaheim, as the street work at 18+5 Monrovia Avenue has been completed to the .satisfaction of the Street Department. Upon motion -by Councilman Wilson, seconded by Councilman Pinkley, the refund was authorized by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Barck, seconded by Councilman Pinkley, and carried, after Chief Neth and the applicant spoke from the floor, the application of Stegman Vending Company, 159 Tulip Lane, Costa Mesa, for one pin -ball machine at American Billiards was approved, the application for one pin -ball machine at Sip and Sea having been previously withdrawn by the applicant. Pin -ball Machine On motion by Councilman Barck, seconded by Councilman Policy Pinkley, and carried, Councilman Tucker abstaining, the City's policy for'the maximum free plays on a pin -ball machine was set at eight plays. Departmental Upon motion by Councilman Wilson, seconded by Councilman Reports Pinkley, and carried, the following departmental reports were received and filed: Finance, for the number of non- profit permits issued during the month of November; Traffic .Engineering; Parks; Fire; and Planning. Warrant Resolution On motion by Councilman Wilson, seconded by Councilman Barck, 518 Warrant Resolution 518 including Payroll No. 6718 was approved by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution On motion by Councilman Wilson, seconded by Councilman Barck, 519 Warrant Resolution 519 was approved by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 67-38 The City Attorney presented Ordinance 67-38 entitled AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA Documentary Stamp IMPOSING A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY, Tax IN THE AMOUNT OF 272 CENTS FOR EACH $500.00 OR FRACTIONAL PART THEREOF, for first reading. He pointed out that this tax, together with a similar 272 -cent tax levied by the County, Documentary Stamp will replace the 55 -cent Federal tax that expires on -January 1, Tax 1968. On motion by Councilman Wilson, seconded by Councilman Continued Barck, and carried, Ordinance 67-38 was read by title only and -passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 67-39 Upon motion by Councilman Wilson, seconded by Councilman Animal Control Pinkley, Ordinance 67-39, being AN ORDINANCE OF -THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING CERTAIN SECTIONS OF THE COSTA MESA MUNICIPAL CODE RELATING TO DOGS, CATS, AND KENNELS; ADOPTING CERTAIN SECTIONS OF THE ORANGE COUNTY CODES RELATING TO ANIMALS AND GENERALLY PRO- VIDING FOR ENACTMENTS AS ARE NECESSARY BY REASON OF THE CONTRACT BETWEEN THE CITY OF COSTA MESA AND COUNTY OF ORANGE PROVIDING FOR POUNDMASTER SERVICES, was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Resolution 67-116 Upon motion by Councilman Barck, seconded by Councilman Adopted Wilson, Resolution 67-316, being A RESOLUTION OF THE CITY Animal -License Fees COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING . CERTAIN FEES FOR ANIMAL AND ANIMAL CARE LICENSES PURSUANT TO CONTRACT BETWEEN THE CITY OF COSTA MESA AND THE COUNTY OF ORANGE RELATING TO POUNDMASTER SERVICES TO BE PROVIDED BY THE COUNTY OF ORANGE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Resolution 67-117 Upon motion by Councilman Wilson, seconded by Councilman Adopted Barck, Resolution 67-117, being A RESOLUTION OF THE CITY Drainage at San COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO Diego Freeway and DRAIN PROBLEMS AT THE SAN DIEGO FREEWAY AND FAIRVIEW ROAD Fairview Road AND PROVIDING FOR CERTAIN STORM CHANNELS IN THAT AREA, was adopted by the following roll call vote: AYES: -Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Opening of Bids Storm Drain at Java Road and Tahiti Drive Held Over The City Engineer reported opened and read on Decembe: a storm drain at Java Road NAME Dateline Pipeline Knight Constructors R. W. McClellan and Sons Dezarov Brothers Muniz Pipeline Company Stevenson and Forster G. W. Shore Construction L. M. Kisling that the following bids had been 1, 1967, for the construction of and Tahiti Drive: Company Santa Ana Valley Contractors He recommended that the bids be held over. Councilman Wilson, seconded by Councilman carried, the bids were held over 18, 1967. - AMOUNT $ 4,976.8o %x+20.00 6, 8+9.20 3,626.00 4,238.00 6, 314. oo 5,19+. oo 5,966.00 61453-00 On motion by Pinkley, and to the meeting of December 1 1 1 Opening of Bids The City Engineer reported that the following bids had been Sunflower Avenue opened and read on December 1, 1967, for the improvement of 1,230.Feet Easterly Sunflower Avenue from Harbor Boulevard easterly 1,230 feet of Harbor Boulevard to the railroad track:_ NAME AMOUNT Griffith Company $18,153.95 Industrial Contracting Company 15,044.20 R. W. McClellan and Sons 16,3o6.49 L. C. Construction Company 13,061.09 E. L. White Company, Incorporated 15,201.50 D. C. Muralt Company 17,181.80 R. J. Noble Company 13,99o.6o -Sully-Miller Contracting Company 15,995.50 Awarded He recommended that the bid of L. C. Construction Company, being the lowest responsible bid.received, be accepted. On motion.by Councilman Tucker, seconded by Councilman Pinkley, the bid of L. C. Construction Company in the amount of $13,061.09 was accepted and the contract awarded by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES.: Councilmen: None ABSENT: Councilmen: None Change Order No. 1 The City Engineer presented Change Order No. 1 for the con - Civic Center struction of a sprinkler system and landscaping at the Costa Sprinklers and Mesa Civic Center, consisting of four items and resulting in Landscaping a net reduction of cost to the City of $995.29, the principal saving being in the furnishing of required trees from the City nursery. On motion by Councilman Tucker, seconded by Councilman Pinkley, Change Order No. 1 was approved by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Buccola and Carlos The City Engineer reported that Buccola and Carlos, Incor- Civic Center porated, had completed the construction of a sprinkler system Sprinklers and and landscaping at the Costa Mesa Civic Center in accordance Landscaping with the terms of the contract, and recommended that the work Accepted be accepted and notice of completion filed. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the work was accepted and the City Clerk was directed to file notice of completion. Bids Called The City Engineer presented plans and specifications for Signal Signal Modifications Modifications at Harbor Boulevard and Bay Street, and at Baker at Harbor and Bay, Street and Mendoza Drive. On motion by Councilman Wilson, Baker and -Mendoza seconded by Councilman Barck, and carried, the plans and speci- fications were approved and the City Clerk directed to adver-, tise for bids to be opened at 11:00 a.m. on December,29, 1967. Opening of Bids The Director of Public Works reported that the following bids Bid Item 100 had been opened and read on December 1, 1967, for one 1968 - Trailer model trailer, with dual axles and tilting bed, being Bid Item No. 100: NAME AMOUNT Callahan Engineering Company, Inc. $4,788.00 Acco Construction Equipment 5,700.00 Awarded He recommended that the bid of Callahan Engineering Company, Incorporated, being the lowest bid received, be accepted, and on motion by Councilman Wilson,'seconded by Councilman Barck, the contract was awarded to Callahan Engineering Company, Incorporated, on their bid of $4,788.00, by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Emergency Contract The Director of Public Works reported that because of the Donald F. Ortman rainy weather, an emergency contract was necessary for a fuel system to the auxiliary generators in both City Police Facility and the City Hall Administration Building. Upon motion by Councilman Barck, seconded by Councilman Wilson, the emergency contract to Donald F. Ortman Company in the amount of $44645.00 was authorized by the following roll call vote: AYES: Councilmen: Wilson; Barck, Jordan, Tucker Pinkley NOES: Councilmen: None ABSENT: Councilmen: None 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., December 4, 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 Father Anthony McGowan of St. John the Baptist Catholic 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 The Mayor read a letter from Costa Mesa Tomorrow, Incorporated, thanking the City for conducting the study of the East 18th Street -Newport Boulevard area.. Red Cross First Aid Mr. Selim Franklin, for the American National Red Cross, Training presented Mayor Jordan with a certificate of appreciation to the City of Costa Mesa for being the first in Orange County to complete the giving of first aid training to all their employees, numbering over three hundred. Resolution 67-118 The Mayor expressed appreciation to the Costa Mesa Fire Appreciation to Department for their help in containing the fire on November Fountain Valley and 28, 1967, in the clubhouse of the Costa Mesa Golf and Country Huntington Beach Club. He expressed appreciation to the Cities of Fountain Fire Departments Valley and Huntington Beach, and upon motion by Councilman 1 1 1 Jordan, seconded by Councilman Wilson, Resolution 67-118, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING THE COSTA MESA FIRE DEPARTMENT, THE HUNTINGTON BEACH FIRE DEPARTMENT., AND THE FOUNTAIN VALLEY FIRE DEPARTMENT FOR THEIR SKILLED AND COMPETENT CONTROL OF THE COSTA MESA COUNTRY CLUB FIRE AND EXPRESSING APPRECIATION TO THE HUNTINGTON BEACH AND FOUNTAIN VALLEY FIRE DEPARTMENTS FOR THEIR HELP IN THE EMERGENCY, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place set for Rezone R-10-67 public hearing on the application of Ben Lovelace and others, Ben Lovelace, et al 2997 Croftdon Street, Costa Mesa, for permission to rezone from R1, Single Family Residential,, -to C2, General Commer- cial, property described at Lots 33, 342 35, 362 522 532 542 552 56, 57, and 74 of Tract No. 2896, located at 299+, 29982 2999, and 2995 Milbro Street, 2988, 299+, 2998, 29972 29932 and 2987 Croftdon Street; and 2998 Babb Street. The Mayor inquired if anyone wished to speak for or against the petition. No one wishing to speak, the Mayor asked those 1 1 1 4".2_9 Rezone R-10-67 present to raise hands who were in opposition to the granting Ben Lovelace, et al of the rezone. The Mayor then closed the public hearing. Continued After discussion, on motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the hearing was closed, and the Council concurred with the Planning Commission in denying the petition by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Mayor Jordan Abstains The Mayor abstained from action on the next item of business. Public Hearing The Vice Mayor announced that this was the time and place set Rezone R-11-67 for public hearing on Rezone Petition R-11-67, being the Howard Carson petition of Howard Carson, Post Office Box 1590, Costa Mesa, to rezone real property described .as -Lots 1106 and 1107 of Newport Mesa Tract, on the east side of Whittier Avenue between 17th and 18th Streets, from Ml, Industrial District, to Rl, Single Family Residential District. The Clerk reported that no written communications had been received, and the Mayor declared the hearing open. The applicant was present and spoke from the floor. After discussion the Mayor declared the hearing closed. On motion by Councilman Wilson, seconded Ordinance 67-40 by Councilman Pinkley, Ordinance 67-40, entitled AN ORDINANCE First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOTS 1106 AND 1107 OF THE NEWPORT MESA TRACT FROM Ml TO Rl, 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 Resolution 67-119 Upon motion by. Councilman Pinkley, seconded by Councilman Prevailing Rate of Wilson, Resolution 67-119, being A RESOLUTION OF THE CITY Wages COUNCIL OF THE CITY.OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THE GENERAL PREVAILING RATE OF PER DIEM WAGES IN THE PERFORMANCE OF PUBLIC WORKS, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Resolution 67-120 The City Attorney presented an agreement with the Southern Traffic Signals on California Edison Company covering the procedure for the Edison Poles attachment of traffic regulating devices to the Company's marbelite electroliers. On motion by Councilman Wilson, seconded by Councilman Pinkley, Resolution 67-120, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON COMPANY FOR THE ATTACHMENT OF TRAFFIC REGULATING DEVICES TO EDISON POLES, 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 Wilson, seconded by Councilman Hearing Pinkley, and carried, the following was set for public hearing at the meeting of December 18, 1967, at 7:30 p.m., or as soon Abatement of Public thereafter as practicable: Abatement of a public nuisance at Nuisance_, Klippel 200+ Meyer Place, owned by Mrs. Wanda Klippel, 200+ Meyer Place, Costa Mesa. 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 9-26-67 John F. and Irene M. Butler Placentia Avenue 11-22-67 Charlie Edith Humpert Placentia Avenue 11-17-67 George S. Jr., and Elizabeth C. Baker, and Robert S. and Barbara N. Campbell Placentia Avenue 11-28-67 Eversharp, Incorporated Placentia Avenue 11-17-67 Harvey and Nell Leichtfuss Placentia Avenue 10-26-67 Lee I., and Floral E. Courtney Placentia Avenue 10-11-67 Pauline G. Dally Placentia Avenue 11-22-67 Harold'T. Segerstrom, et al Fairview Road 11-10-67 Elwood F. and Adeline D. Phillips Placentia Avenue 12- 4-67 Walter E. and Hildegard Quitt Santa Isabel Avenue 11-20-67 Harry B. and Victoria Alhadeff West 19th Street Variance V-29-67, Variance Application V-29-67, Michael D. Kay, 400 North Kay Newport Boulevard, Newport Beach, for permission to allow certain yard encroachments on Lots 1 through 16 of Tentative Tract 6483 as shown on a precise plan attached to and made a part of the application, and to allow a single residence on each of 16 lots in Tract 6483 which contain less than the required 6,000 square feet of gross land area, was presented with the Planning Commission recommendation for approval sub- ject to the following conditions: 1. Use Class "C" (fire retardant) roofs only. Treated wood shingles acceptable. 2. Stucco underside of any eave lines that parallel each other five feet or closer for a distance of 20 feet or more. 3. One Class "A" Fire Hydrant located within 300 feet of the fartherest property in or on this tract, as per Fire Depart - went specifications. 4. All the requirements of the City Engineer and the Director of Planning imposed on Tentative Tract 6483. 5.- Tree planting compatible with the area under the direction of the Street Superintendent. 6. Dedication of sufficient land behind sidewalk location on Street "A" for utility easements (street lights, fire hydrant, gas, and water). The Clerk reported that no written communications had been received. Mr. Kay said that he might make a change in the plot plan that would make a difference in the setback of one house. After discussion, on motion by Councilman Wilson, seconded by Councilman Pinkley,-and carried, Variance Application V-29-67 was approved subject to the -recommenda- tions of the Planning Commission and subject to the Planning Director's approval of any change in the setback. Mayor Jordan Abstains Mayor Jordan abstained from the next item of business. Conditional Use Conditional Use Permit C-54-67 requested by Howard Carson, Permit C-54-67 Post Office Box 1590, Costa Mesa, for permission to construct Howard Carson and operate a 100 -unit deluxe mobile home park on proposed Rl zoned property containing 9.55 acres comprising Lots 1106 and 1107, Newport Mesa Tract, on the east side of Whittier Avenue between West 17th and West 18th Streets, was presented with the Planning Commission's recommendation for approval subject to the following conditions: 1. Tree planting com- patible with the surrounding area along Whittier Avenue (11 trees required) under the direction of the Street Superin- tendent. 2. Owner to construct, at his expense, the follow- ing improvements under the direction of the City Engineer: (a) Curb returns with -25.00 -foot minimum radii at the entrance on Whittier Avenue; (b) Concrete cross gutter at the entrance on Whittier Avenue per City of Costa Mesa Standard Plan No. 9A; (c) Concrete residential sidewalk along Whittier Avenue. 1 1 Conditional Use 3. Drainage.shall be subject to the approval of the City Permit C-54-67 Engineer. Drainage plan to be submitted for approval prior Howard Carson to issuance of actual construction permits. 4. All interior Continued streets are to have a minimum width of 35.00 feet per Section 8605 of City Code, 5. Proposed trailer park development shall not interfere with the existing 15.00 -foot improved drainage channel easement at rear of this property. 6. Cost of installing two ornamental lighting standards and advance energy costs to upgrade adjacent lights fronting on this development to be'advanced by owner under direction of Street Lighting Superintendent. 7. All ingress and egress to be subject to the approval of the Traffic Engineer. 8. Appli- cant and/or owner to install a combination decorative concrete block and wood fence, not to exceed six feet in height, for full length on each property line. Special emphasis should be given to the treatment of the fence adjacent to Whittier Avenue with provisions for tree wells, under the direction of the Director of Planning. 9. Landscaping to be provided as shown on the submitted plot plan subject to the approval of the Planning Department. 10. All utilities to be placed underground. Consideration should be given to televisions being serviced from a central antenna location with lead-in wires underground. 11.- Applicant to provide a designated trash area screened from the public street subject to the approval of the Planning Department. 12. Shall provide two Class A fire hydrants as per Fire Department requirements; shall meet all requirements of the 1961 Uniform Fire Code and all the regulations of the State -Fire Marshal's Code, Title 19. 13. There will be no deviations from the submitted plan, which is made a part of this application, unless approved by the Planning Commission or their authorized representative. 14. Installation of loud speakers will not be permitted in the trailer park. The Clerk announced that no written com- munications had been received. The applicant was present and spoke from the floor saying that the conditions met with his approval. After discussion, on motion by Councilman Wilson, seconded by Councilman Pinkley, Councilman Jordan abstaining, and carried, Conditional Use Permit C-54-67 was granted subject to the recommendations.of the Planning Commission. Conditional Use Conditional Use Permit C-60-67, being the application of Permit C-60-67 Mrs. Lucille Warren, 2376 Newport Boulevard, Costa Mesa, for Mrs. Lucille Warren permission to exceed the maximum permissible building height allowing the construction and operation of a 28 -unit motel with an office (no kitchens) in a C2, General Commercial District, -per Section 929+.2 of the Municipal Code, not to exceed three (3) stories, at 115 Santa Isabel'Street, was presented with the recommendation of the Planning Commission for denial because the applicant had failed to provide adequate information. The Mayor asked if anyone wished to speak. The applicant was not present. On motion by Council- man Pinkley, seconded by Councilman Tucker, and carried, the Council concurred with the Planning Commission and denied the permit. 'Conditional Use Conditional Use Permit C -62 -67 -Amended, being the applica- Permit C -62-67-A tion of Arthur J. Judice, 2700 Peterson Way, Apartment 64-C, Arthur J. Judice Costa Mesa, for permission.to operate a family billiard center in an existing building in a C-2 zone at 518 West 19th Street, instead of at 524 West 19th Street, Costa Mesa, as requested in the original conditional use permit, in conjunc- tion with the sale of pool tables and billiard supplies, was presented with the Planning Commission's recommendation for approval subject to the following conditions: 1. That the owner post a bond, the amount to be determined by the City Engineer, for the future installation of commercial sidewalks and concrete drive approaches per standard,specifications of 420 Conditional Use the City of Costa Mesa. 2. The building must be made to Permit C -62-67-A conform to building code requirements for this occupancy. Arthur J. Judice The Clerk reported that no written communications had been Continued received. The applicant was present. After discussion, on motion by Councilman Wilson, seconded by Councilman Barck, and carried, Conditional Use Permit C -62 -67 -Amended was granted subject to the conditions imposed by the Planning Commission. Conditional Use Conditional Use Permit C-67-67, being the application of May Permit C-67-67 Outdoor Advertising Company, 3222 Los Feliz Boulevard, Los May Outdoor Angeles, for permission to construct and maintain one 14 -foot Advertising Company by 52 -foot single -face bulletin board at 1604 Newport Boule- vard, was presented with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Time limit of three (3) years with the right to request renewal. 2. The back of this billboard to be fixed in an attractive manner subject to the approval of the Director of Planning. 3. That a bond or savings and loan certificate be filed with the Planning Department, the amount to be determined by the Director of Planning, to guarantee the removal of this billboard at the expiration of this condi- tional use permit or when and if property is acquired by the State, whichever is sooner. The City Clerk reported that no written communications had been received. The appli- cant was represented by Bob Lime, who spoke from the floor. After discussion, Conditional Use Permit C-67-67 was approved subject to the recommendations of the Planning Commission on motion by Councilman Wilson, seconded by Councilman Barck, and carried, Councilmen Tucker and Pinkley voting No. Conditional Use Conditional Use Permit C-69-67, being the application of Permit C-69-67 E. R. Campbell, 760 Baker Street, Costa Mesa, for permission E. R. Campbell to use Cl -zoned property at that address for a trailer, camper, and boat storage yard and to continue the use of the residence for residential purposes, was presented with the recommendation of the Planning Commission for approval sub- ject to the following conditions: 1. That the front 75 feet measured from the existing property line, be extensively landscaped to screen the proposed storage yard from Baker Street, under the direction of the Director of Planning. 2. That a six-foot decorative concrete block wall be installed by the applicant across the front of the property parallel to Baker Street with an opaque gate that will be under lock (storage yard). 3. That a six -foot -high chain link fence be installed by the applicant on the east and west sides of the storage yard. 4. That a six -foot -high opaque fence be installed by the applicant across the rear of the storage yard to protect the view from Paularino Avenue, under the direction of the Director of Planning. 5. Storage yard to be improved with decomposed granite base material to accommodate drainage and control dust, at the owner's expense. 6. That the driveway into the property, from Baker Street to the proposed yard be fully improved with asphalt concrete at owner's expense, subject.to the approval of the Director of Planning. 7. The interior lighting to be installed by the applicant under the direction of the Director of Planning. 8. A location shall be designated for a trash area for the storage yard. 9. Existing shed in the proposed storage yard to be removed. 10. No dismantling of vehicles stored in the storage yard. Violation of this requirement will result in an immediate cease and desist order. 11. For a period of two years with option for renewal. 12. Construc- tion of, or bond in lieu of construction, for installation of curb, gutter, and necessary street improvement to join exist- ing pavement and commercial sidewalks and driveway approach per standards of the City of Costa Mesa under the direction of the City Engineer, all at applicant's expense. 13. Removal of all organic matter from the property, i.e., weeds and trash. Keep clear lanes in storage area capable of /17 Conditional Use admitting fire -fighting apparatus, minimum 14 -foot width. Permit C-69-67 Provide at least a 12 -foot entry gate. 14. Maintain two E. R.. Campbell 8 -BC and two pressurized 22 -gallon extinguishers inside the Continued storage area at all times. Extinguishers to be located by the Fire Department. 15. Dedication to the City of Costa Mesa of all land measured 50 feet from the center line of existing Baker Street. 16. Tree planting compatible with the area under the direction of the Street Superintendent if street is improved to its ultimate width at this time. 17. There will be no approval of.the building permit for a block wall or business license for this operation until conditions imposed have been complied with to the satisfac- tion of the Planning Department. The City Clerk reported that no written communications had been received. The appli- cant was present and spoke from the floor opposing Conditions 12 and 15. After discussion, on motion by Councilman Wilson, seconded by Councilman Barck, and carried, Conditional Use Permit C-69-67 was approved subject to the recommendations of the Planning Commission, except.that Condition No. 12 was deleted. Conditional Use Conditional Use Permit C-71-67, being the application of Permit C-71-67 William 0. Gray and/or Fotomat Corporation, 7744 East Cecilia Fotomat Corporation Street, Downey, and 920 Kline Street, La Jolla, respectively, William 0. Gray for permission to construct a portable building from which to operate a "drive-through" photo film pickup and delivery service and to allow an identifying 10 -3/4 -inch by 12 -foot, 1 -inch sign to advertise this service, in a Cl -S zone at the K -Mart Center, 2200 Harbor Boulevard, was presented with the recommendation of the Planning Commission for approval subject to the following conditions: I. Meet all Uniform Fire Code specifications. Handle safety -type film only. 2. Revise driveways on Harbor Boulevard in accordance with Traffic Engineer's requirements. 3. Dedication to the City of Costa Mesa of all land 40.00 feet from the center line of West Wilson Street with a 27.00 -foot corner spandrel at Wilson and College Avenue. 4. Owner to repair and/or replace all damaged fixtures on entire center and keep same in service. 5. Applicant to remove a portion of concrete block wall.on the north side of the most northerly driveway on to College Avenue in order to conform to height require- ments next to driveway. 6. 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. 7. Existing parking stalls are not to be altered or deleted as a result of this use. 8. 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. 9. All material directly or incidentally related to the nursery operation loca- ted 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. 10. A written agreement shall be filed to show that sanitary facilities will be available to occupant of this building, from 9:00 a.m. to 9:00 p.m.; seven days per week. 11. For a period of one year with option of renewal. 12. Conditions 2 through 6 and 8 through 10 shall be complied with prior to issuing any building permit for this "drive-through." 13. Ingress and egress to this building to be under the direction of the Traffic Engineer. The City Clerk reported that no written Conditional Use communications had been received. The applicant, Mr. William Permit C-71-67 0.. Gray, objected to Condition No. 2, as the work was origi- Fotomat and Gray nally done in compliance with City requirements, and No-. 3-, Continued dedication, because of a 20 -year lease with tenants who might possibly object because available parking space would be less. After discussion, on motion by Councilman Wilson, seconded.by Councilman Barck, and carried, Conditional Use Permit C-71-67 was approved subject to the recommendations of the Planning Commission with the deletion of Condition No. 2. Curb Cuts at K -Mart Councilman Tucker requested that the staff look into the possibility of the City changing the curbs at the K -Mart Center, at the City's expense, for safety reasons. Damaged Asphalt Mr. William 0. Gray, owner of K -Mart property, said there Sidewalk at K -Mart was some asphalt sidewalk that was torn up and never replaced. The Mayor requested that the City Manager investi- gate. Oral Communications There were no oral communications. Live Entertainment The Clerk presented the application of Beth Elaine Ormond, Permits for topless dancer at Baby Doll's, 2170 Harbor Boulevard. Chief Neth recommended that the application be referred to - Beth Elaine Ormond the City Attorney for his recommendation. The City Attorney recommended that the application be held over to the meeting of December 18, 1967, because of a pending Court judgment. The Chief of Police reported that investigations were incom- plete on the following applicants for live entertainment permits: Murvey E. Bridgham, Jr. David Lindsay Booker Curtis Horace Jordan, Jr. Gary James Dodson Regina Shane Stevens On motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the applications were held over to the meeting of December 18, 1967. Television Film The City Manager reported that California International Productions, Post Office Box 4200, Newport Beach, had requested permission to use the exterior of the City Hall and the Council Chamber for scenes in a television pilot film entitled "Hang Ten, California." On motion by Councilman Barck, seconded by Councilman Wilson, and carried, the requested permission was granted. Improvement of The City Manager reported that a letter had been sent to the Arlington Drive Board of Directors of the 32nd Agricultural District, requesting dedication of the necessary rights of way for the Barker Brothers improvement of Arlington Drive, and that a maintenance pro- gram for the Civic Center was now being developed. He stated that Barker Brothers had asked -consideration of plans for a furniture sale at the Fairgrounds and recommended that a study session be held at which Barker Brothers could be repre- sented, the date to be announced. Warrant Authorized Authorization was requested to purchase 2,600 pounds of striping powder at $1.75 per pound from the Minnesota Mining and�Manufacturing Company, the sole supplier of this powder for use in the City's Insta-Set Striping Machine. On motion by Councilman Barck, seconded by Councilman Wilson, the pur- chase in the amount of $4,550.00 was authorized by the follow- ing roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None 1 1 1 Costa.Mesa Golf and To complete compliance of the terms of the contract with the Country.Club operator of the Costa Mesa Golf and Country Club, Incorporated, Warrant Authorized and miscellaneous itemized improvements that remain to be installed, the City Manager requested authorization to expend a sum not to exceed $2+,000.00 for immediately necessary work. -The authorization was granted on motion by Councilman Barck, seconded by Councilman Wilson, and carried by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Newport Mesa Union The City Manager reported that he had received an invitation School District from the Superintendent of the Newport Mesa Union School Joint Meeting District to arrange a joint meeting of the School Board, the Newport Beach City Council, and the Costa Mesa City Council on January 29, 1968, to consider the area's school problems. On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the invitation was accepted, and the City Manager was directed to make the Council Chamber avail- able for the joint meeting. Correction to A request to change one Police Department classification Police Department from Senior Department Clerk to Secretary II, in order to Budget correct an oversight in the budget preparation, was approved on motion by Councilman Barck,.seconded by Councilman Wilson, and carried. California Bench The City Manager reported that the California Bench Company Company had been notified to remove its benches remaining on public property within ten days, or they would be removed by the City and held for claiming by the Company for a fee of $25.00 each. He recommended that the City Attorney be asked to draft an ordinance changing the license fee to $5.00 per bench and restrict the installation to private property only for benches carrying advertising. After discussion, a motion was made to instruct the City Attorney to draft the ordinance, but on motion by Councilman Tucker, seconded by Councilman Pinkley, and carried, the Council reconsidered its previous action and directed the staff and the Planning Department to investi- gate and report on the bench problem within 45 days. City of Santa Ana The City Manager said that the project by the City of Santa Widening of Bristol Ana for the widening of Bristol Street had gone to bid on November 28, 1967, and the City of Santa Ana had promised that, if at all possible, they would hold the work until after Christmas and New Year's so as not to interfere with the heavier traffic that is usual for this holiday season. Traffic Fines The City Manager stated that he had received a report from the Director of Finance that the revenue from traffic fines was decreasing. The City Attorney explained that this was due to the Court's requirement of traffic school in lieu of fines and that drivers who continued traffic violations after attending the traffic school would be subject to heavier fines in the future. Asphalt Sidewalk A letter from James B. Wood, President of the Mesa Verde to Be Installed Homeowners Association, stating that he had obtained verbal approval from Arthur Gisler to place an asphalt sidewalk across his property near the California Elementary and TeWinkle Intermediate Schools, was read with a request that the sidewalk be installed. On motion by Councilman Wilson, seconded by Councilman Barck, and carried, the City Manager was directed to proceed with the installation of the requested sidewalks. Adjournment On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the meeting was adjourned at 9:20 p.m. Mayor of the Cit�,'of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa 1 i