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HomeMy WebLinkAbout02/19/1968 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA. MESA February 19, 1968 O• A The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., February 19, 1968, 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 Tucker, seconded by Councilman February 5, 1968 Barck, and carried, the minutes of the regular meeting of February 5, 1968, were approved with the correction that the application of Francis X. Shoen was referred to the Planning Department instead of the Planning Commission. Minutes Upon motion by Councilman Tucker, seconded by Councilman Barck, February 16, 1968 and carried, the minutes of the special meeting of February 16, 1968, were approved as distributed and posted. Ordinance 68-7 Ordinance 68-7, entitled AN ORDINANCE OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF Rezone R-1-68 LOT 5,.BLOCK F, BERRY TRACT, FROM.M1 TO C1 -CP, was presented for second reading, and on.motion by Councilman Wilson, seconded by Councilman Tucker, Ordinance 68-7 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 Ordinance 68-8 Ordinance 68-8, entitled AN ORDINANCE OF THE CITY COUNCIL OF Adopted _ THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF Rezone R-2-68 LOT 5., -BLOCK F, BERRY TRACT, FROM Ml AND R2 TO Cl -CP, was presented for second reading, and on motion by Councilman Barck, seconded by Councilman Wilson, Ordinance 68-8 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 Ordinance 68-9 Ordinance 68-9, entitled AN ORDINANCE OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING FOR OFF-STREET Off -Street Parking PARKING IN CERTAIN TYPES OF BUSINESSES PROVIDING LIVE ENTER- TAINMENT AND FINDING THE NECESSITY THEREFOR, was presented for second reading, and on motion by Councilman Tucker, seconded by Councilman Wilson, Ordinance 68-9 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 Written The City Clerk presented Assembly Bill 231, relating to Communications public schools. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the Assembly Bill was held over for study to the meeting of March 4, 1968. Written The Clerk read a letter from James B. Wood, President of Mesa Communications Verde Homeowners Association, regarding the addition to the Continued residence at 2952 Redwood. Upon motion by Councilman Wilson, seconded by Councilman Barck, and carried, the letter was ordered received and filed. Resolution 68-13 The Clerk read a letter from the City of Los Angeles request - Urging Selection of ing a resolution to have the City of Los Angeles selected as Los Angeles for the host city for the 1976 Sumer Olympics. Upon motion by Olympics Councilman Wilson, seconded by Councilman Barck, and carried, Resolution 68-13, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA URGING THE CHOICE OF THE GREATER LOS ANGELES METROPOLITAN AREA FOR THE 1976 SUMMER OLYMPICS, was adopted. Fish Fry Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the request from the Lions Club, Post Office Box 628, Costa Mesa, requesting permission to conduct its annual fish fry and carnival at the Costa Mesa Park was approved.. The Clerk read a request from Robert T. Walke, Chairman of the Orange County Peace and Human Rights Council requesting that the Police Department make a public policy regarding "shoot -to -kill" firearms use. Chief Neth reported that the communication had been studied by his Department. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the request was received and filed. Alcoholic Beverage The following copies of application to the Department of Control Alcoholic Beverage Control for licenses were presented: Amigos -Restaurants,, Incorporated, 336 North Central Avenue, Glendale, for a new on -sale license at the Amigos Restaurant, 428 East 17th Street. The W. P. Stewart Company, 1125 East Ash Avenue, Fullerton, for a new on -sale license at 3333 Bristol, No. 122, Costa Mesa. Upon motion by Councilman Pinkley, seconded by Councilman Tucker, and carried, the applications were ordered received and filed. Permits The Clerk read a request from the League of Women Voters of Orange Coast, 2036 Commodore Road, Newport Beach, to hold its annual finance drive to support a program of voter service to the community. Upon motion by Councilman Barck, seconded by Councilman Tucker, and carried, the request was approved with Section 6914 J of the Municipal -Code waived. The City Clerk presented an application for change of address on an application from Stegnan Vending Company, 159 Tulip Lane, Costa Mesa, for one shuffle alley -at Dick's Horseshoe, 2394 Newport Boulevard, Costa Mesa, moved to the Vegas Bar, 686 19th Street, Costa Mesa. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the permit was approved. The City Clerk presented an application from Stegman Vending Company, 159 Tulip Lane, Costa Mesa, for one pinball game at Dick's Horseshoe, 2394 Newport Boulevard, Costa Mesa. Upon motion by Councilman Barck, seconded by Councilman Pinkley, and carried, the permit was approved. A letter was presented from William J. McCann, Chairman of the Commission on Peace Officer Standards and Training9 reporting that a reimbursement of 50 per cent ing fund for the training of officers in 1967, from the train- was enclosed. On motion by'Councilman Barck, seconded by Councilman Wilson, and carried, the reimbursement was accepted. Resolution 68-13 The Clerk read a letter from the City of Los Angeles request - Urging Selection of ing a resolution to have the City of Los Angeles selected as Los Angeles for the host city for the 1976 Sumer Olympics. Upon motion by Olympics Councilman Wilson, seconded by Councilman Barck, and carried, Resolution 68-13, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA URGING THE CHOICE OF THE GREATER LOS ANGELES METROPOLITAN AREA FOR THE 1976 SUMMER OLYMPICS, was adopted. Fish Fry Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the request from the Lions Club, Post Office Box 628, Costa Mesa, requesting permission to conduct its annual fish fry and carnival at the Costa Mesa Park was approved.. The Clerk read a request from Robert T. Walke, Chairman of the Orange County Peace and Human Rights Council requesting that the Police Department make a public policy regarding "shoot -to -kill" firearms use. Chief Neth reported that the communication had been studied by his Department. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the request was received and filed. Alcoholic Beverage The following copies of application to the Department of Control Alcoholic Beverage Control for licenses were presented: Amigos -Restaurants,, Incorporated, 336 North Central Avenue, Glendale, for a new on -sale license at the Amigos Restaurant, 428 East 17th Street. The W. P. Stewart Company, 1125 East Ash Avenue, Fullerton, for a new on -sale license at 3333 Bristol, No. 122, Costa Mesa. Upon motion by Councilman Pinkley, seconded by Councilman Tucker, and carried, the applications were ordered received and filed. Permits The Clerk read a request from the League of Women Voters of Orange Coast, 2036 Commodore Road, Newport Beach, to hold its annual finance drive to support a program of voter service to the community. Upon motion by Councilman Barck, seconded by Councilman Tucker, and carried, the request was approved with Section 6914 J of the Municipal -Code waived. The City Clerk presented an application for change of address on an application from Stegnan Vending Company, 159 Tulip Lane, Costa Mesa, for one shuffle alley -at Dick's Horseshoe, 2394 Newport Boulevard, Costa Mesa, moved to the Vegas Bar, 686 19th Street, Costa Mesa. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the permit was approved. The City Clerk presented an application from Stegman Vending Company, 159 Tulip Lane, Costa Mesa, for one pinball game at Dick's Horseshoe, 2394 Newport Boulevard, Costa Mesa. Upon motion by Councilman Barck, seconded by Councilman Pinkley, and carried, the permit was approved. Permits Upon motion by Councilman Pinkley, seconded by Councilman Continued Barck, and carried, application for business license to hold a one -day auction on February 29, 1968, at 565 West 18th Street for Indian Center, Post Office Box 25+8, Leucadia, California, was approved subject to the approval of the Planning Department. Upon motion by Councilman Barck, seconded by Councilman Wilson, and carried, the business application of Gene Holter's Movieland Animal Park, California, Incorporated, Post Office Box 3032, Orange, for a petting zoo and animal exhibition at the White Front Store, 3088 Bristol Street, Costa Mesa, was approved subject to submission of a plot plan and certificate of liability insurance. The City Clerk presented an application from D and B Sales, 310 East 4th Street, Santa Ana, for two pool tables at Sand Pebbles, 18+6 Newport Boulevard. Upon motion by Councilman Barck, seconded by Councilman Wilson, and carried, the permit was approved. Departmental Upon motion by Councilman Wilson, seconded by Councilman Barck, Reports and carried, the following departmental reports were received and filed: Police, Finance, Parks, and City Treasurer. Warrant Resolution On motion by Councilman Wilson, seconded by Councilman Barck, 527 Warrant Resolution 527 including Payroll No. 6803 was approved by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-10 The City Attorney presented a proposed ordinance"creating First Reading rules and regulations in City parks. Upon motion by Council - Park Regulations man Barck, seconded by Councilman Tucker, Ordinance 68-10, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CREATING RULES AND REGULATIONS FOR THE CONDUCT OF THE PUBLIC AND THE USE OF PARK FACILITIES WITHIN THE CITY OF COSTA MESA AND SETTING FORTH PENALTIES FOR THE VIOLATION THEREOF, was given first reading and passed to second read-. ing by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Resolution 68-14 Upon motion by Councilman Wilson, seconded by Councilman Regulating Topless Barck, Resolution 68-14, entitled A RESOLUTION OF THE CITY Waitresses COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO THE LEGAL QUESTION OF PREEMPTION AND URGING THE PASSAGE OF CERTAIN STATE LEGISLATION PROVIDING FOR THE RIGHT OF CITIES AND COUNTIES TO REGULATE TOPLESS WAITRESSES AND URGING UPON THE LEGISLATURE AN AMENDMENT WHICH WOULD AUTHORIZE CITIES AND COUNTIES THE RIGHT TO PROHIBIT TOPLESS ENTERTAINERS AS WELL, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT:. Councilmen: None Notice of The City Engineer said that the Sully -Miller Contracting Completion Company had completed the Construction of Street Improvements Street Improvements in Darrell Street from 275 feet to 378 feet east of Pomona in Darrell Street Avenue, and recommended that the work be accepted. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, 1 1 1 Change Order No.,4 The Director of Public Works presented Change Order No. 4, an Reconstruction of increase of $75.00, for the Clubhouse Reconstruction, Country Club Driver -Eddy Company. 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, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Right -of -Way Deeds On motion by Councilman Pinkley, seconded by Councilman Barck, the following right-of-way deeds were accepted and ordered placed on.record by the following roll call vote: DATE NAME STREET 2- 6Z8 Lucille A. Denney, also known as Lucille A. Warren Santa Isabel Avenue 2- 6-68 Rose D. Anton Church Street 2-14-68 Rhea E. Morgan Harbor Boulevard AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-11 Upon motion by Councilman Barck, seconded by Councilman Tucker, First Reading Ordinance 68-11, entitled AN ORDINANCE OF THE CITY COUNCIL OF Changes in THE CITY OF COSTA MESA AMENDING THE MUNICIPAL CODE OF THE CITY Traffic Controls OF COSTA MESA TO ESTABLISH A 50 -MILES -PER -HOUR SPEED LIMIT ON PALISADES ROAD AND EKTEND BAKER STREET AS A THROUGH STREET TO SAMAR DRIVE, 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 Live Entertainment The application of Karel Luise Hudson, 1921 West Adams Street, Permits Santa Ana, for go-go dancer at Papa Joe's, 178+ Newport Boulevard, investigation having been completed by the Police Karel Luise Hudson Department, was approved on motion by Councilman Barck, seconded by Councilman Wilson, and carried. Jerry Dean. The application of Jerry Dean McMillian, 216 South Newhope Street, McMillian Santa Ana, for a musician at the Little Big "0," was denied at the meeting of February 5, 1968. Chief Neth said the applicant reapplied and the investigation was now satisfactory with the Police Department. Upon motion by Councilman Barck, seconded by Councilman Pinkley, and carried, the application was approved. Completion of the work was accepted, and the bonds were released as recom- Street Improvements mended, and the Clerk was directed to file Notice of Comple- in-Darrell Street tion -with the County Recorder by the following roll call vote: Continued AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None. ABSENT: Councilmen: None Notice of The City Engineer said that the Dezarov Brothers had completed Completion the Construction of a Storm Drain at Java Road and Tahiti Storm Drain at Drive. He recommended that the work be accepted, and that.the Java Road and bonds be released 35 days after the date of acceptance of the Tahiti Drive work by the Council. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, the work was accepted, and the bonds were released as recommended, and the Clerk was directed to file Notice of Completion with the County - Recorder by the following -roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Change Order No.,4 The Director of Public Works presented Change Order No. 4, an Reconstruction of increase of $75.00, for the Clubhouse Reconstruction, Country Club Driver -Eddy Company. 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, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Right -of -Way Deeds On motion by Councilman Pinkley, seconded by Councilman Barck, the following right-of-way deeds were accepted and ordered placed on.record by the following roll call vote: DATE NAME STREET 2- 6Z8 Lucille A. Denney, also known as Lucille A. Warren Santa Isabel Avenue 2- 6-68 Rose D. Anton Church Street 2-14-68 Rhea E. Morgan Harbor Boulevard AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-11 Upon motion by Councilman Barck, seconded by Councilman Tucker, First Reading Ordinance 68-11, entitled AN ORDINANCE OF THE CITY COUNCIL OF Changes in THE CITY OF COSTA MESA AMENDING THE MUNICIPAL CODE OF THE CITY Traffic Controls OF COSTA MESA TO ESTABLISH A 50 -MILES -PER -HOUR SPEED LIMIT ON PALISADES ROAD AND EKTEND BAKER STREET AS A THROUGH STREET TO SAMAR DRIVE, 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 Live Entertainment The application of Karel Luise Hudson, 1921 West Adams Street, Permits Santa Ana, for go-go dancer at Papa Joe's, 178+ Newport Boulevard, investigation having been completed by the Police Karel Luise Hudson Department, was approved on motion by Councilman Barck, seconded by Councilman Wilson, and carried. Jerry Dean. The application of Jerry Dean McMillian, 216 South Newhope Street, McMillian Santa Ana, for a musician at the Little Big "0," was denied at the meeting of February 5, 1968. Chief Neth said the applicant reapplied and the investigation was now satisfactory with the Police Department. Upon motion by Councilman Barck, seconded by Councilman Pinkley, and carried, the application was approved. Larry Carleton The application of Larry Carleton White, 700 West 20th Street, White Costa Mesa, for musician at the Little Big `0" was denied -at the meeting of February 5, 1968. Chief Neth said the appli- cant reapplied and the investigation was now satisfactory with the Police Department. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the application was approved. Paul Thomas Lee The application for Paul Thomas Lee, 1525 Placentia Avenue, Newport Beach, for musician (guitar) at the Royal Crest, 1700 Placentia Avenue, investigation having been completed by the Police Department, was approved on motion by Councilman Wilson, seconded by Councilman Barck, and carried. The following applications were presented for Ye Old Inn, 2376 Newport Boulevard: Frank Valverdy Frank Valverdy Duarte, 6632 Burnham Street, Buena Park, Duarte musician (guitar); Richard King Richard King, 15272 Van Buren, No. 1, Midway City, musician (guitar); Joseph Ernest Joseph Ernest Padilla, 650 East Emmett Street, Santa Ana, Padilla musician (guitar); Chris Pascual Chris Pascual, 5582 West Third Street, San Pedro, musician, (bass); Raul Median Reyes Raul Median Reyes, 1911 Cedar Street, Santa Ana, musician; Thomas Curtis Thomas Curtis Schneider, 2045 North Gillilan, Placentia, Schneider musician. Chief Neth reported investigations were completed and recom- mended approval. Upon motion by Councilman Wilson, seconded by Councilman Barck, and carried, the applications were approved. School Liaison Committee The City Manager said he had received a letter from L. B. a Newcomer, Superintendent of the Newport -Mesa Unified School District, requesting the appointment of two members of the Council to represent the City on the Liaison Committee of the City Councils and School District. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, Councilmen Pinkley and Barck were appointed to represent the City. Keith Van Holt The City Manager announced that Keith Van Holt had been Appointed Director appointed Director of Recreation, effective February 26, 1968. of Recreation The Mayor commended Mr. Van Holt on his record of achievement in the Recreation Department and congratulated him on his appointment as Director. Resignation of The resignation of Lou Benny as a member of the Traffic Com Lou Benny mission was read by the City Manager. Upon motion by Councilman Barck, seconded by Councilman Wilson, and carried, the letter of resignation was accepted with regret, and the City Clerk was instructed to write Mr. Benny expressing'the appreciation of the Council for his dedicated service as a member of the Commission. John Connell and On motion by Councilman Barck, seconded by Councilman Pinkley, Joe Kroll Appointed and carried, John Connell of Connell Chevrolet and Joe Kroll to Traffic of Orange Coast College were appointed to the Traffic Commission Commission. Recess The Mayor declared a recess at 7:05 p.m. PART II The City Council of the City of Costa Mesa, California, con- tinued its regular session at 7:30 p.m., February 19, 1968, 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 Eldon Coble of the Church of the Nazarene. 1 Roll Call Councilmen Present: Wilson, Barck, Jordan, Pinkley, Tucker Rezone R-12-67 Councilmen Absent: None Shoen Officials Present: City Manager, City Attorney, Director of Public Works, City Engineer, City Clerk Taxicab License Mr. Norman R. Johnson, 17710 Van Buren, Huntington Beach, Revocation requested that the Council reinstate his revoked taxicab Johnson license. Mr. Johnson explained that a customer owed him cab fare of approximately $2.00 and ran from his cab without paying the fare. Mr. Johnson then fired a blank cartridge pistol. Sergeant Glascock of the Costa Mesa Police Depart - merit reported to the Council what the cab customer related of the incident. After discussion, upon motion by Councilman „ Barck, seconded by Councilman Tucker, and carried, the matter was referred to the Chief of Police and the City Attorney. Public Hearing The Mayor announced that this was the time and place set for Rezone R-3-68 public hearing for Rezone Petition R-3-68, Robins Properties, Robins Properties 2060 Harbor Boulevard, Costa Mesa, to rezone from R2, Two - Family Residential, to C2, General Commercial, property easterly of 2060 Harbor Boulevard, on the north side of Bay Street. The Clerk read the recommendation of the Planning Commission for approval to C2 -CP. The applicant was not present. The Mayor inquired if anyone wished to speak. No one wishing to speak, the Mayor closed the public hearing. Upon motion by Ordinance 68-13 Councilman Pinkley, seconded by Councilman Barck, Ordinance First Reading 68-13, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF THE EASTERLY 244.80 FEET OF LOT 31, TRACT NO. 9, FROM R2 TO C2 -CP, was given first reading by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley, Tucker NOES: Councilmen: None Planning and Police ABSENT: Councilmen: None The Mayor read a letter from Henry D. Barriat of appreciation Departments Praised for the selection of fine personnel in the Planning Department, and he also read a letter from the Department of Motor Vehicles expressing appreciation to the Police Department for help during the annual license renewal period. The Mayor said that it was a pleasure to receive letters of compliment and he con- gratulated both departments. Plaque from Councilman Wilson presented to the Mayor a plaque that he had Tom's River, received in appreciation from Chief of Police Clements, Mayor New Jersey Woods, and Police Commissioner Wheeler, all from the City of Tom's River, New Jersey, for cooperation of the City in show- ing and explaining new police equipment and procedures. Award of Merit to The Mayor presented a Certificate of Award of Merit from Director of Parks Sports Foundation, Incorporated, to Joseph F. Jones, Director of Parks, for the development of parks during the past year, and he extended the Council's congratulations. The nomination was made by W. J. Voit Rubber Company, Santa Ana. Public Hearing The Mayor said that the Planning Department was ready to pre - Rezone R-12-67 sent maps requested at the meeting of February 5, 1968, on the Shoen application of Francis X. Shoen, 1321 West Park Lane, Santa Ana, on Rezone Petition R-12-67, for permission to rezone from M1 to C2 property on the northwest corner of Baker Street and Newport Boulevard. The Director of Planning explained a series of maps to the Council, and he recommended denial of the request. Mr. Shoen and Mr. Russelot of Humble Oil Company spoke in support of the application. The Mayor inquired if anyoneelsewished to speak. No one desiring to speak, the Mayor closed the public hearing. Upon motion by Councilman Wilson, seconded by Councilman Barck, the application was denied by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Pinkley NOES: Councilmen: Tucker ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place set for Rezone R-4-68 public hearing on Rezone Petition R-4-68, being the petition of the Costa Mesa Planning Commission to rezone from R2, Two - Family Residential, to R1, Single -Family Residential, Lots 1 through 12 of Tract 4969 and a portion of Lot 114, Tract 300. The properties involved are 2401, 2405, 2409, 2415, 2421; 2420, 2414, and 2408 Bonnie Place, 390 Santa Isabel, and 2401, 2405, 2409, 2415, and 2421 Tustin Avenue. The Clerk announced that no written communications had been received and notice had been duly published. The Planning Commission recommended approval. The Mayor declared the hearing open and asked if anyone wished to speak on this rezoning. No one responding, the Mayor declared the hearing closed, and on motion by Councilman Wilson, seconded by Councilman Barck, Rezone R-4-68 Ordinance 68-14 was approved, and Ordinance 68-14, entitled AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LOTS 1 THROUGH 12, TRACT 4969, AND A PORTION OF LOT 114, - TRACT 300, FROM R2 TO Rl, was given first reading 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 Alley Abandonment public hearing on the petition of Jesse Van Riper, 1965 Parsons Between Harbor Street, Costa Mesa, for the abandonment of an alley between and Parsons Harbor Boulevard and Parsons Street south of Ford.Road. The recommendation of the Planning Commission for approvalwas read with the notation that this -alley was dedicated prior to the incorporation of the City and before development of the area, and was now no longer needed for traffic circulation. The Mayor declared the hearing open and asked if anyone wished to speak on this petition. Mr. Lewis of the Dean Lewis Com- pany, whose business borders on the alley, objected to the abandonment, and he stated that Mr. Van Riper is willing to ask that the request for abandonment be dropped. Mr. Van Riper was not present. Upon motion by Councilman Wilson, seconded by Councilman Barck, and carried, the public hearing was continued to the meeting of March.4, 1968. Public Hearing The Mayor announced that this was the time and place set for Abandonment of a public hearing on the request of A. R. Mays, William H. Park Avenue Kupfer, Finn Guldjord, Lucy Marty, John Dunne, and John Precise Plan McDonald for the abandonment of the precise plan for the extension of Park Drive from its present terminus to Pomona Avenue. The Clerk read the recommendation of the Planning Commission for denial of the request and retention of the precise plan, and presented a written communication from John Graham McDonald, copies of which had been previously distri- buted to the Council, urging that the -precise plan be aban- doned. The.Mayor declared the hearing open and the following spoke from the floor: Mr. Don Ward presented a plot plan of a proposed development in the area for 130 units and said he was not for or against the abandonment of Park Avenue, but . later said it would be better to have it. Mr. McDonald passed pictures to the Council and spoke in favor of the abandonment. No one else wishing to speak, the Mayor closed the public hearing. On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the application was referred back to the Planning Department for a study with con- sideration being given to the proposed 130 -unit development. Public Hearing The Mayor announced that this was the time and place set for Weed Abatement public hearing on the report of the Street Superintendent showing the cost of.removing weeds, rubbish, refuse, or dirt on or in front of parcels of land in the City. The Clerk 1 1 Public Hearing reported that he had been informed that the report was Weed Abatement incomplete at this time, and on motion by Councilman Wilson, Continued seconded by Councilman Pinkley, and carried, the hearing was continued to the meeting of March 4, 1968. Public Hearing The Mayor announced that this was the time and the place for Revocation of the continued public hearing for the revocation of establish - Entertainment ment entertainment permit of Harry Maselli, The Baby Doll, Permit Maselli 2170 Harbor Boulevaxd. Mr. Berrien E. Moore, attorney for Harry Maselli, said an agreement had been reached for stipula- tion and waiver for the Department of Alcoholic Beverage Control, to be effective June 3, 1968, and on that date Mr. Maselli would surrender his City license, entertainment license, and liquor license. On motion by Councilman Wilson, seconded by Councilman Barck, and carried, the agreement was approved. .Recess The Mayor declared a recess, and the meeting reconvened at 9:10 P.M. Variance V-3-68 Application for Variance V-3-68, being the application of Curry Cecil E. Curry, 1522 Cornwall Lane, Newport Beach, for per- mission to construct a two-story, four -unit apartment complex on 7,500 square feet of land area (one unit per 1,875 square feet) in an R2 zone with a 10 -foot encroachment into required front yard setback of 50 feet from the center line of 207 East 16th Street, was presented together with the recommendation of the Planning Commission for denial. The Mayor asked if anyone wished to speak. No one desiring to speak, the Council concurred with the recommendation of the Planning -Commission, and on motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the application was denied. Variance V-4-68 Application for Vaxiance V-4-68, being the application of Cunningham Harold A. Cunningham, 2110 Elden Avenue, Costa Mesa, for per- mission to construct 10 units on 15,000 square feet of land area in an R2 zone (one unit per 1,500 square feet) at 150 East 21st Street, was presented together with the recom- mendation of the Planning.Commission for approval subject to the following conditions: 1. Construction of concrete residential sidewalks in the parkway and drive approaches, on 21st Street and Elden Avenue, at owner's expense, under the direction of the City Engineer. 2. A drainage plan shall be submitted to the Engineering Department prior to the issuance.of a building permit. 3. Tree planting compatible with the area in the parkway, under the direction of the Street Superintendent. 4. Fire extinguishers to be provided as per Fire Department requirements. 5. Adequate interior driveway and parking area lighting subject to the approval of the Director of Planning. 6. All utilities shall be placed underground. 7. Enclosed trash area shall be provided, location and size subject to Planning Department approval. 8. Landscaping required, as shown on approved plan made a part of this conditional use permit, subject to the approval of the Director of Planning. 9. Approval of this applica- tion will approved 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. The applicant was present and agreed to the condi- tions of the Planning Commission. On motion by Councilman Wilson, seconded by Councilman Barck, and carried, the appli- cation was approved subject to the recommendations of the Planning Commission. !h 'fdY,0 � Overparking on Councilman Tucker requested that investigation be -made regard - Elden ing the overparking on Elden Avenue and consideration be given to a possible rezoning of the area. The Mayor referred the request to the City Manager and the Planning Director. Conditional Use Appeal for rehearing on Conditional Use Permit C-2-68, being Permit C-2-68 the application of Metro California Business Enterprises by Metro California Malcolm Cobrink and Frank V. Bianchini, 387 North Tustin Business Enterprises Street, Orange, for permission to develop and install an automatic automobile laundry and gasoline dispensing facili- ties in a Cl zone (no steam cleaning or polishing) west of 1205 Baker Street,_.which was denied at the Council meeting of February 5, 1968, was presented with the following supporting written communications: 1. Copies of letters and supporting documents sent to apartment owners who voiced concern with the installation of an automatic automobile laundry near their apartments by Mr. Cobrink. 2. A letter from Mayor Jack C. Hileman of Orange. 3. A letter from James Beam, Vice Presi- dent of the First National Bank of Orange. 4. A letter from Mrs. Samuel S. Winfield, owner of a 19 -unit apartment across from the Orange installation. 5. A letter from the Tustin Avenue Church of Christ, also across the street from the Orange installation. 6. A letter from Dennis Hogland, 1769 Newport Boulevard, Costa Mesa. T. A letter from August C. Thersen for Bill Jenkins Realty Office at 345 Tustin Avenue, Orange. 8. A letter from Mrs. Maureen L. McClintock Rischard, owner of the property involved on Baker Street, stating that she had talked to the Reverend Mr. Hess of Harbor Trinity Baptist Church, and he was not opposed to rehearing. 9. A petition with 250 signatures requesting a rehearing and approval of the use permit. 10. A petition with 444 names of residents in the City of Orange endorsing the manner in which Metro Car Wash operates their business. 11. A letter from Donald E. Swedlund, urging that the applicant be permitted to build the car wash. The following spoke from the floor in support of a rehearing: Malcolm Cobrink, John Connelly, Ted Bologh, Mrs. Robert Warren, and David Erickson. The Clerk also presented the following written communications urging the Council to deny a rehearing of the application: 1. A letter from Karl and Mildred Ressler urging the request for rehearing be denied. 2. A petition containing 269 signatures urging denial of the appeal for a rehearing. 3. A petition requesting denial of the appeal for a rehearing with 29 signa- tures. 4. A letter from Mr. and Mrs. Robert P. Shaw urging denial of the appeal for rehearing. 5. A letter from Carl W. Romahn requesting denial of appeal for rehearing. The follow- ing spoke from the floor in opposition to a rehearing: Carl Romahn, George Blais, Mildred Ressler, Alan Schwalbe, Richard Hemphill, Mr. Karl Ressler, and Vera Shaw. After discussion, motion to grant the rehearing was made by Councilman Wilson, seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilmen: Barck, Wilson, Pinkley NOES: Councilmen: Tucker, Jordan ABSENT': Councilmen: None Rehearing Date Set On motion by Councilman Pinkley, seconded by Councilman_Barck, Conditional Use and carried, the appeal of the denial of Conditional Use Permit C-2-68 Permit C-2-68 was set to be heard at the Council meeting of March 4, 1968. Conditional Use Application for Conditional Use Permit C-1-68, being the Permit C-1-68 application of Russ and Tash Bailey, 10272 Pua Drive, Bailey Huntington Beach, for permission to operate a whirlpool, sauna and massage business in a C2 zone at 18762 Harbor Boulevard, which was held over from the Council meeting of February 5, 1968, was again presented with the recommendation of the Planning Commission for approval subject to the following Conditional Use conditions: 1. Dedication to the City, by the owner, of all Permit C-1-68 land 50.00 feet from the center line of Harbor Boulevard for Bailey street widening purposes. 2. Fire Department requirements: Continued (a) Door marked No. 4 shall remain unobstructed on the exterior of the building, and physical auto stops be placed if needed. (b) Door marked No. 4 on plan submitted must swing in the direction of egress. (c) Fire extinguishers placed as required by the Fire Department. (d) Meet all requirements of Title 19. (e) Meet all requirements of the Uniform Fire Code. 3. Approval granted only on the basis that this business and all persons affiliated with it (owners and employees) be subject to satisfactory background investi- gation by the Police Department. The applicants should do this prior to the Council meeting of February 5, 1968. 4. Detailed interior plans showing the size and use for each room to be submitted to the Planning Department prior to issuance of any building permits. 5. For a time limit of one year with option for renewal. The applicants were not present. Chief Neth said that his department had not been able to confirm the information he had in his file, and he was unable to make a recommendation. Upon motion by Council- man Wilson, seconded by Councilman Pinkley, and carried, the application was denied. Conditional Use Application for Conditional Use Permit C-80-66-Amended,, being Permit C-80-66-A the application of Orval and Jean Pilling, 255+ Orange Avenue, Pilling Costa Mesa, for permission to continue to operate a home for the aged for a maximum of ten ambulatory guests in an R2 zone at that address, was presented with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Must meet all the requirements of Title 19, California Administrative Code. 2. Tree planting compatible with the area. 3. That a garage be provided for the front and rear residence and that the workshop be converted to a garage in the future if deemed necessary by the Planning Department (two garages at this time). 4. That five open parking spaces be provided. 5. That any expansion plan for the home be submitted to the Commission for approval prior to obtaining a building permit. The applicant and Mr. Watkins spoke from the floor. After discussion, on motion by Council- man Barck, seconded by Councilman Wilson, and carried, Conditional Use Permit C-80-66-Amended was approved subject to the conditions imposed by the Planning Commission with the deletion of Condition No. 2, tree planting. Conditional Use Application for Conditional Use Permit C-3-68, being an Permit C-3-68 'application of Herman Lee Taylor, 226 Cabrillo Street, Costa Taylor Mesa, for permission to continue the home occupation of sharpening lawnmowers in a workshop attached to his garage at that address, was presented with the recommendation of the Planning Commission for approval subject to the following conditions: 1. No employees. 2. No stock in trade dis- played on premises. 3. No noisy activities on Sundays and after 6:00 p.m. during the week. The applicant said that he agreed to the conditions of the Planning Commission. On motion by Councilman Pinkley, seconded by Councilman Wilson,.-- ilson,,and andcarried, Conditional Use Permit C-3-68 was approved sub- ject to the conditions imposed by the Planning Commission. Conditional Use Application for Conditional Use Permit C-4-68, being the Permit C-4-68 application of George M. Holstein and Sons, 170 East 17th George M. Holstein Street, Costa Mesa, for permission to continue to maintain a and Sons double-face temporary..directional sign at 30+1 Bristol Street (southwest corner of Bristol Street and Paularino Avenue), 10-foot by 30-foot, for the initial sale of homes in Tract 5698, was presented with the recommendation of the Planning Commis- sion for approval subject to the following conditions: Conditional Use 1. These signs shall be removed in one year or upon the sale Permit C-4-68 of the last home in this tract; whichever is sooner. 2. Any George M. Holstein copy change from that approved by the Planning Commission will and Sons result in automatic -forfeiture of the bond and removal of the Continued sign. 3. Continuance of .the $200.00 bond to guarantee the removal of this sign. After discussion, on motion by Council- man Wilson, seconded by Councilman Jordan, Conditional Use Permit C-4-.68 was approved subject to the conditions imposed by the Planning Commission by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley NOES: Councilmen: Tucker ABSENT: Councilmen: None ABSTAINING: Councilmen: Barck Conditional Use Application for Conditional Use Permit C-5-68, being the Permit C-5-68 application of George N. Holstein and Sons, 170 East 17th George M. Holstein Street, Costa Mesa, for permission to continue to maintain a and Sons double -face, 10 -foot by 30 -foot directional sign at 629 West Baker Street for the initial sale of homes in Tract 5698, was presented with the recommendation of the Planning Commission for approval subject to the following conditions: 1. This sign shall be removed in one year or upon the sale of the last home in this tract, whichever is sooner. 2. Any copy change from that approved by the Planning Commission will result in the automatic forfeiture of -the bond and removal of the sign.' 3. Continuance of the $200.00 bond to guarantee the removal of this sign. After discussion, on motion by Councilman Wilson, seconded by Councilman Pinkley, Conditional Use Permit C-5-68 was approved subject to the conditions imposed by the Planning Commission by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley NOES: Councilmen: Tucker ABSENT: Councilmen: None ABSTAINING: Councilmen: Barck Conditional Use Application for Conditional Use Permit C-7-68, being the Permit C-7-68 application of James N. Starbird, San Vista Building Company, Starbird 162 Lexington Avenue, Costa Mesa, for permission to continue conditional use permit for one double -face, 12 -foot by 36 -foot, temporary off-site directional sign with a 4 -foot by 36 -foot directional copy (rider) to direct the public to first sale of homes in Tract 5160 developed as a condominium, said sign being located at the southeast corner of Fairview Road and Fair Drive, was presented with the recommendation of the Planning Commission for approval subject to the following conditions: 1. These signs shall be removed in six months or upon the initial sale of the last home. 2. Any copy change from that approved by the Planning Commission will result in automatic forfeiture of the savings and loan certi- ficate and removal of the sign. After discussion, Conditional Use Permit C-7-68 was approved on motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, Councilman Tucker voting No, subject to the conditions imposed by the Planning Commission. Conditional Use Application for Conditional Use Permit C-8-68, being the Permit C-8-68 application of James N. Starbird, San Vista Building Company, Starbird 162 Lexington Lane, Costa Mesa, for permission to continue conditional use permit for one 12 -foot by 36 -foot double -face, temporary off-site directional sign at the northeast corner - of Harbor Boulevard and Fair Drive with a 4 -foot by -36 -foot directional copy (rider) to direct the public to the first sale of homes in Tract 5160 developed as a condominium, was presented with the recommendation of the Planning Commission for approval subject to the following conditions: 1. These signs shall be removed in six months or upon the initial sale 1 1 1 /.�`.,^. ' w Conditional Use of the last home. 2. Any copy change from that approved by Permit C-8-68 the Planning Commission will result in the automatic for- Starbird feiture of the savings and.loan certificate and removal of Continued the signs. After discussion, on motion by Councilman Wilson, seconded by Councilman Barck, and carried, Councilman Tucker voting No, Conditional Use Permit C-8-68 was approved subject to the conditions imposed by the Planning Commission. Conditional Use Application for Conditional Use Permit C -9-68, being the Permit C-9-68 application of Edith Moss, 424 South Coast Highway, Laguna Moss Beach, for permission to exceed the maximum permissible building height allowing construction of a 120 -unit apartment complex in a C-1 zone at 1515 Mesa Verde Drive East, not to exceed three (3) stories, as per Section 9293.21 Division XII of the Municipal Code, and Section 9298.2.2 of the Municipal Code, to allow residential use in a commercial zone, was presented with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Dedica- tion of all land 40.00 feet from the center line of Mesa Verde Drive East and a 17.00 -foot corner spandrel at Mesa Verde Drive East and Orange Street by owner, to the City of Costa Mesa for street widening purposes per the Master Plan of Highways. 2. Owner shall improve the south side of Mesa Verde Drive to'its ultimate width at his expense., Said improvements to include paving, base removal and replacement of curb and gutter, residential sidewalks, concrete driveway approaches and replacement of the existing cross gutter at Mesa Verde Drive and Orange Street per City of Costa Mesa standard plans and specifications. 3. The easterly one half of Orange Street -shall be improved by the applicant, at his expense, with paving, base, curb and gutter, residential sidewalks and concrete driveway approaches per City of Costa Mesa standard plans and specifications. 4. Drainage plans shall be submitted to the Engineering Department prior to the issuance of a building permit. 5- Owner shall pay the required water service fee prior to issuance of a building permit. 6. Ingress and egress under the direction of the Traffic Engineer. 7. Installation of five 20,000 -lumen mercury-vapor street lights on Mesa Verde Drive and two 7,000 - lumen mercury-vapor street lights on Orange Street (served underground). 8. Adequate driveway and parking area lighting to be installed subject to approval of the Planning Department. 9. Tree planting compatible to the area in the parkway at ultimate location, under the direction of the Street Superin- tendent. 10. Area must drain to street. 11. Fire extin- guishers as per Fire Department requirements. 12. Must meet all provisions of Uniform Fire Code; must meet all requiremens of Title 19: (a) Install two Class "A" fire hydrants. (b) Fire Department control override switch on ground floor to control elevator. (c) Fire alarm system installed to com- ply with Section 13.06 of Title 19, California Administrative Code. (d) Shall provide wet standpipes as required in 38.06(A) through (J) of Title 19. 13. All utilities shall be placed underground in this project. 14. Parking areas to be improved and striped per City standards, under the direction of the Director of Planning. 15. A detailed landscaping plan show- ing size, type, location, and method of irrigation shall be submitted for approval by the Plan Review Board. 16. There shall be no:deviations from submitted plans and color rendering presented and made a part of this conditional use permit unless approved by the Planning Commission. 17. A 6 -foot -high decorative concrete block wall for 270 feet along the easterly property line shall be installed by applicant, at his expense, subject to approval by the Director of Planning. 18. Approval of this conditional use permit does not constitute approval of any signing. 19. An enclosed trash area, centrally located, shall be incorporated into this development, subject to the approval of the Planning Department. 20. If a Conditional Use approved, the City of Cdsta Mesa Planning Commission will Permit C-9-68 initiate a petition to rezone this property to residential Moss zoning. 21. Prior to issuance of any building permits, Continued Condition Nos. 1; 5, 6, and 15 must be complied with. The applicant was represented by Raymond Levonis who spoke from the floor saying the conditions were acceptable. After dis- cussion, on motion by Councilman Wilson, seconded by Council- man Pinkley, Conditional Use Permit C-9-68 was approved subject to the conditions imposed by the Planning Commission. Oral Communications Theodore Bologh spoke from the floor, and Mrs. Robert Warren asked questions of the Council. Boy Scout Parade 'The City Manager said that he had received a request from the Boy Scouts of America to hold a parade on June 7 and 8, 1968" on the Fairgrounds. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, permission was granted subject to the approval -of the Chief of Police. Adjournment Upon motion by -Councilman Wilson, seconded by Councilman Jordan, and carried, the meeting was adjourned at 10:40 -p.m. of the City oT/C6sta Mesa ATTEST: City Clerk of the City of Costa Mesa 1