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HomeMy WebLinkAbout04/15/1968 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 15, 1968 Part I The City Council of.the City of Costa Mesa, California, met in regular session at 6:30 p.m., April 15, 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 Barck, seconded by Councilman April 1, 1968 Pinkley, and carried, the minutes of the regular meeting of April 1, 1968, were approved as distributed and posted. Alcoholic Beverage The following copies of applications to the Department Control of Alcoholic Beverage Control for licenses were presented: License transfer from Ann V. Morton, to James B. Morton, 810 West 19th Street, for an on -sale beer license at the Nineteenth Hole, same address. License transfer from Novel B. James, to Ronald D. Reif, 1701 Golf Course Drive, for an on -sale general license at the Costa Mesa Golf and Country Club. Upon motion by Councilman Pinkley, seconded by Councilman Tucker, and carried, the applications were ordered received and filed. Written The*Clerk presented a notice of intention to relinquish Communications highway right of way No. 506 from the Division of Highways. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the letter was received and filed. Underground The Clerk presented a letter from Southern California Utilities Edison Company, regarding an amendment for underground utilities in granting variances and conditional use permits. Upon motion by Councilman Wilson, seconded by Councilman Barck, and carried, the communication was referred to the Planning Commission to report back to the Council. The Clerk presented a resolution from the California High- way Commission stating their policy on the planning and design of highway projects when parks are involved. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the resolution was received and filed. The Clerk presented from the Division of Highways for the information of the Council, a guideline for revisions to the State Highway System. Upon motion by Councilman Barck, seconded by Councilman Wilson, and carried, the infor- mation was ordered received and filed. 2'he Clerk presented a letter from the Tustin Chamber of Commerce urging the City to support the County Supervisors in their study on the proposed Orange County Medical Center, to protect taxpayers. Upon motion by Councilman Barck, seconded by Councilman Wilson, and carried, the communication was held over for further study. Written The Clerk read a letter from Mike Mang, owner of South Coast Communications Tennis Shop,"26+8 Newport Boulevard, Costa Mesa, congratulat- Continued ing the Recreation Department on the TeWinkle tennis courts. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the letter was sent to the Recreation Department. Alan.J. Schwalbe Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the letter from Alan J. Schwalbe, request- ing to be considered for the Costa Mesa Planning Commission when there is an opening, was ordered filed in the permanent file. Letters received from Senator James E. Whetmore and the City of Cypress, acknowledging receipt of Council resolutions relating to Assembly Bill 101+ were read, and upon motion by Councilman Barck, seconded by Councilman Wilson, and carried, the letters were received and filed. The City Clerk presented a resolution of the Local Agency Formation Commission regarding Engineer's No. 107 to the Costa Mesa.Sanitary District. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the resolution was ordered received and filed. Permits, The Clerk presented a request from Mr. Chacon of the AAA Music Company, 1+731 Charloma Drive, Santa Ana, to withdraw the business licenses for one pin -ball machine, one pool table, and another pool table, all at Ye Olde Inn, 2376 Newport Boulevard. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the withdrawal was approved. The application of Kiwanis Club of Costa Mesa, Post Office Box 612, to place banners over a -boulevard in the City to advertise their annual breakfast May 11, 1968, was presented, and on motion by Councilman Wilson, seconded by Councilman Barck, and carried, the permit was granted subject to the approval of the Street Department. The City Clerk presented an application from Scot Rabe, Young Men's Christian Association, 3206 Iowa Street, Costa Mesa, to paint numbers on curbs on May 4, 1968. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the application was referred to the City Manager. Upon motion by Councilman Pinkley, seconded by Councilman Barck, and carried, the business license from Phil Hanson, 4072 West 17th Street, Santa Ana, to hold one -day auction at 2059 Newport Boulevard, for construction equipment, was approved. The City Clerk presented an application from Vikki's Lounge,.= 17912 Newport Boulevard, for one pool table at the same address. Upon motion by Councilman Barck, seconded by Councilman Wilson, and carried, the application was approved. The City Clerk presented an application from Pinkerton's Incorporated,•5106 Federal Boulevard, San Diego, California, for an investigation and security service. Upon motion by Councilman Barck, seconded by Councilman Pinkley, and carried, the permit was approved. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the permit for Santa Ana Guild for the Deaf, 199+1 Redhill, Costa Mesa, for a fireworks stand located at YSA Building, corner of Redhill and Palisades, was approved Subject to the approval of the Water Board. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the following permits were granted for fireworks stand: Permits I. Costa Mesa Assembly of God, c/o Carl 0. Nelson, 3093 Yukon Continued Avenue, Costa Mesa; location of the stand, 1963 Newport Boulevard. 2. Orange County Association for Retarded Children, 2002 West Chestnut Street, Santa Ana; location of the stand, 2200 Harbor Boulevard. The Clerk read a letter from The Girl Scout Council of Orange County, requesting that the $10.00 vendor's license be waived. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the request was denied unless the vendors donate all profits to the Girl Scouts. The Clerk presented a letter from the Boy Scouts of America, 3811 South Bear Street, Santa Ana, asking waiver of conditions under Section 69141 of the Municipal Code, to solicit for ticket sales to a variety stage show. Upon motion by Council- man Pinkley, seconded by Councilman Wilson, and carried, the request was approved.. Departmental Upon motion by Councilman Pinkley, seconded by Councilman Reports Wilson, and carried, the following departmental reports were received and filed: Engineering, City Treasurer, Planning, Finance, Parks, and Police. Warrant Resolution Upon motion by Councilman Wilson, seconded by Councilman Barck, 535 Warrant Resolution 535 including Payroll No. 6807 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution Upon motion by Councilman Wilson, seconded by Councilman 536 Tucker, Warrant Resolution 536 was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Live Entertainment The application of Arthur L. Morris, owner of The Trip, Permits 1714 Placentia Avenue, Costa Mesa, for a live entertainment permit as owner, was presented with the report of investiga- Arthur L. Morris tion by the Police Department, and on motion by Councilman Pinkley, seconded by Councilman Tucker, and carried, the permit was granted. Sharon Lee Dabner The application of Sharon Lee Dabner, 16600 Townhouse Drive, Tustin, for a live entertainment permit as a go-go dancer at Papa Joes, 1784 Newport Boulevard, was presented with the report of investigation by the Police Department, and on motion by Councilman Barck, seconded by Councilman Tucker,. and carried, the permit was granted. Masseuse The application of Lambertina Maria Michael, 2700 Peterson Lambertina Maria Way, Costa Mesa, for a permit as a masseuse at the Holiday Michael Health Spa, 2300 Harbor Boulevard, was presented with the report of investigation by the Police Department, and on motion by Councilman Barck, seconded by Councilman Tucker, and carried, the permit was granted. Variance V-14-68 Mr. D. I. Huddelston, 1716 Orange Avenue, Costa Mesa, spoke Gee from the floor regarding Condition No. 2 of Variance V-14-68, parking at Mr. Gee's Restaurant. After discussion, on motion by Councilman Barck, seconded by Councilman Tucker, and car- ried, Councilman Wilson voting No, Condition No. 2 was modi- fied to read, "2. That the applicant have the required amount of parking available for the entire term of the lease for the restaurant, and if the parking becomes unavailable, the applicant is to come before the City Council for their ruling on the violation." 1 1 1 1 Agreement, Ronnie Reif, Golf Course The City Attorney presented an agreement between Ronnie Reif and the City as operator of the Costa Mesa Golf Course and Country Club. After discussion, on motion by Council- man Wilson,:seconded by Councilman Barck, the agreement was approved and the Mayor and City Clerk authorized to sign on behalf of the City by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Releases, The City Attorney said that it was necessary for Novel Operation of Golf James to sign certain releases in connection with the Course operation of the Golf Course. On motion by Councilman Wilson, seconded by Councilman Barck, the City Attorney was authorized to draw the releases and the Mayor and City Clerk were authorized to sign on behalf of the City by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES:_ Councilmen: None ABSENT: Councilmen: None Resolution 68-31 Upon motion by Councilman Barck, seconded by Councilman Bus Stop Benches Wilson, Resolution 68-31, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING COURTESY BENCHES AT BUS STOPS IN THE CITY OF COSTA MESA ON CITY RIGHT OF WAYS IN ACCORDANCE WITH A MASTER PLAN, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-12 Upon motion by Councilman Wilson, seconded by Councilman First Reading Pinkley, Ordinance 68-12, being AN ORDINANCE OF THE CITY Bus Stop Bench Fees OF COSTA MESA ESTABLISHING RATES AND FEES FOR THE INSTAL- LATION OF COURTESY AND CONVENIENCE BENCHES FOR PUBLIC USE AND THE ADVERTISING THEREON, was given first reading by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-15 Upon motion by Councilman Wilson, seconded by Councilman First Reading Pinkley, Ordinance 68-15, being AN ORDINANCE OF THE CITY Building Permits COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING and Street ORDINANCE 66-45 RELATING TO STREET DEDICATION AS A CON - Dedications DITION FOR GRANTING BUILDING PERMITS, was given first reading by the following roll call vote: AYES:' Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-16 Upon motion by Councilman Barck, seconded by Councilman First Reading Wilson, Ordinance 68-16, being AN ORDINANCE OF THE CITY Household Pets COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 5148 OF THE COSTA MESA MUNICIPAL CODES RELATING TO CHANGE IN NUMBER OF HOUSEHOLD PETS, was given first reading by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Corrected Upon motion by Councilman Pinkley, seconded by Councilman Resolution 68-8 Wilson, Corrected Resolution 68-8, A RESOLUTION OF THE Placentia Avenue CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, Condemnation DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN STREET EASE- MENTS AND RIGHTS OF WAY FOR PUBLIC STREET PURPOSES, AND AUTHORIZING ACQUISITION OF SAID EASEMENTS AND RIGHTS OF WAY BY CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Agreement The City Attorney presented an agreement between George George H. Callen H. Callen and Kenneth Switzer and the City to subdivide Kenneth Switzer Tentative Tract 6245, sixth revision, and providing for park development., After discussion, on motion by Coun- cilman Wilson, seconded by Councilman Barck, the agreement was approved and the Mayor and City Clerk authorized to sign on behalf of the City by .the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Right of Way The City Engineer reported that a certification was Certification requested for Arterial Highway Financing Project No. 374. On motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the Mayor and City Clerk were author- ized to sign the right of way certification on behalf of the City by the following roll call vote: 'AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Contract Extension The Clerk read a recommendation from the City Engineer Storm Drains in that.the contract for Construction of Storm Drains in Golf Course the Costa Mesa Golf and Country Club be extended for 20 calendar days. Upon motion by Councilman Tucker, seconded by Councilman Wilson, and carried, the contract was extended for 20 days. Arterial Highway The City Engineer presented the following Arterial High - Financing Agreements way Financing Program agreement with the County of Orange: No. 1+31 Adams Avenue, Albatross Drive to 1,400 feet west; No. 1+55 -Wilson Street, Harbor'to College; No. 471 -Arlington, Drive, Fairview to Newport. 431,Adams Avenue Upon motion by Councilman Barck, seconded by Councilman Wilson, the Adams Avenue agreement was approved, and the Mayor and City Clerk were authorized to sign the agreement on behalf of the City by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None 455, Wilson Street Upon motion by Councilman Wilson, seconded by Councilman Pinkley, the Wilson Street agreement was approved, and the Mayor and City Clerk were authorized to sign the agree- ment on behalf of the City by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Arterial Highway Upon motion by.Councilman Wilson, seconded by,Councilman Financing Barck, the Arlington Drive agreement was approved, and the Agreements. Mayor and City Clerk were authorized to sign the agreement Continued on behalf of the City by the following roll call vote: AYES: Councilman: Wilson, Barck, Jordan, Tucker, 471, Arlington Drive Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Recess The Mayor declared a recess at 7:25 p.m. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:35 p.m., April 15, 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 Father McNulty of St. Joachim's Catholic Church. Roll Call Councilmen Present: Barck, Wilson, Jordan, Pinkley,- Tucker Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, Director of Public Works, and City Clerk Conditional -Use The Mayor announced that Mr. Gray was now in the audience Permit C -71-67 -A and presented, held over from the meeting of April 1, 1968, request for clarification of stipulation, Conditional Use Permit C -71 -67 -Amended, William 0. Gray.and/or Fotomat Corporation, 7744 East Cecilia Street, Downey. The Mayor said that a report of the study had been received and dis- tributed to each Councilman from the Traffic Engineer indicating that the traffic would be increased by an average of 25 cars per day if Fotomat were added to the shopping area. Mr. Gray spoke to the Council.. After discussion, Councilman Jordan made a motion to delete Condition No. 3, dedication of all land 40 feet from the center line of West .Wilson Street with a 27 -foot spandrel at Wilson and College Avenue. The motion was seconded by Councilman Barck and lost by the following roll call vote: -- AYES: Councilmen: Jordan, Barck NOES:. Councilmen: Wilson, Pinkley, Tucker ABSENT: Councilmen: None Public Hearing -The Mayor announced that this was the time and the place for Rezone R-5-68 the public hearing on Rezone R-5-68, Costa Mesa Planning Commission, to rezone property at 787 Newton Way from C2, General Commercial District, to M1, Manufacturing District. The Clerk read the recommendation of the Planning Commission for approval and reported that no written communications had been received: The Mayor asked if anyone wished to speak. No one wishing to speak, the Mayor closed the public hearing. On motion by Councilman Wilson, seconded by Councilman Tucker, Ordinance 68-18 Ordinance 68-18, being AN ORDINANCE OF THE CITY COUNCIL OF First reading THE CITY OF COSTA MESA CHANGING THE ZONING OF LOT 14, TRACT N0. 4338 FROM C2 TO Ml, was given first reading and passed to second reading by the following roll call vote: AYES: Council -men: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and the place set Rezone R-6-68 for the public hearing on Rezone R-6-68, Costa Mesa Planning Commission, to rezone property in the general area on'the north side of Victoria Street between College Avenue and Public Hearing Rezone R-6-68 Continued Ordinance 68-17 First reading Environmental Health Week Newport Boulevard from R2, Two Family Residential, to AP -CP., Administrative -Professional, Conditional Permit. The Clerk read the recommendation of the Planning Commission for approval. He reported that no written communications had been received. The following people spoke in favor of the rezoning: Frank.Grandolfo; Homer Bair, 2140 Thurin Avenue, Costa Mesa; Leonard Thompson., 617 Orchid, Corona del Mar; Irma Ter Bush, 324 Victoria Street. Tom Nelson asked for information from the Council. No one else desiring to speak, the Mayor closed the public hearing. On motion by Councilman Wilson, seconded by Councilman Barck, Ordinance 68-17, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF LATS 60, 61, 622 631 65, 66, 67 and 68 OF TRACT NO. 57 FRO14 R2 TO AP -CP, 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 Mayor Jordan read a Proclamation proclaiming the week of April 14, 1968, as "Environmental Health Week." Sanitary District The Clerk read a letter from the Costa Mesa Sanitary District Policy stating that -the Board had declared a policy to retain Don Don Stevens Stevens on any future sewer installation within the district as long as Mr. Stevens remains qualified to perform and per- forms in a professional manner. On motion by Councilman. Wilson, seconded by Councilman Barck, and carried, the letter was ordered received and filed. Bids Opened The Director'of Public Works reported that bids were opened Bid Item 106 by the City Clerk on April 12, 1968, at 11:00 a.m., in the Playground Equipment Council Chambers for Bid Item 106, Playground Equipment for for Tustin Park Tustin Avenue Park. The following bids were received: 1 F 1 Jamison Patterson Game Miracle Item Inc. Williams Time Equipment 1 1 1.95 $186.oo $399.00 ----- 2 682.41 66o.00 749.00 ----- 3 83.37 58.00 89.00 ----- 4 95.65 64.00 73.00 ----- 5 116.47 87.00 81.00 ----- 6 427.32 448.00 271.00 (Alt.)232.00 7 5.20 5.40 5.40 (Alt.) 21.50 8 5.73 7.00 ----- 9 55.79 68.00 59.00 (Alt.)190.50 10 351.32 349.00 359.00 349.50 Awarded On motion by Councilman Barck, seconded by Councilman Wilson, the contract for Items 1, 2, 6, 7, 8, and 9, totaling $1,491.31, was awarded to Jamison, Incorporated, and the con- tract for Items 3, 4, 5, 10, and 11, totaling $888.00, was awarded to Patterson -Williams by the following roll call vote: AYES:' Councilmen: Wilson, Barck, Jordan, Tucker, . Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Bids Opened The Director of Public Works reported that bids were opened Bid Item 107 by the City Clerk on April 12, 1968, at 11:00 a.m., in the Air Compressor Council Chambers for Bid Item 107, Air Compressor. The fol - louring bids were received: NAME AMOUNT. Pneumatic Machinery Company $4,573.00 Blystone Equipment Company 4,650.00 1 F 1 Bid Item 107 Upon motion .by Councilman Wilson, seconded by Councilman Air Compressor Pinkley, the sales contract for Bid Item 107 was awarded to Awarded Blystone Equipment Company in the amount'of $4,650.00, as, being the lowest bid meeting specifications, by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Bids Opened The Director of Public Works reported that bids were opened Bid Item 108 by the City Clerk on April 12, 1968, at 11:00 a.m., in the, Type Composing Council Chambers, for Bid Item 108, Type Composing Machine. Machine The following bids were received: NAME AMOUNT MODEL I.B.M. Corporation $4,4o0.00 Varityper Corporation 1,970.00 270 21070.00 270 F 3, 400 . oo 66o 3,500.00 660 F 3,925.00 720 4,025.00 720 F Bids Held Over On motion by Councilman Barck, seconded by Councilman Tucker, and carried, bids for Bid Item 108 were held over to the meeting of May 6, 1968. Change Order No. 5 On motion by Councilman Wilson, seconded by Councilman Club House Tucker, Change Order No. 5, an increase of $85.00, for Reconstruction addition of rails along glass partition at the Club House, required by the Building Safety Department, was approved by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan,'Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Notice of Completion The Director of Public -Works said that the Club House Recon - Club House struction was completed. Upon motion by Councilman Wilson, Reconstruction seconded by Councilman Pinkley, the improvements were accep- ted, and the City Clerk was authorized 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 Sanitary District The Director of Public Works presented the Statement of Budget 1968-1969 Operating Costs for Management and Operation of the Costa Mesa Sanitary District, 1968-1969. On motion by Councilman Wilson, seconded by Councilman Barck, the Sanitary District Budget was approved by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Heath and Company The City Clerk presented a request from Heath and Company, Signs 3225 Lacy Street, Los Angeles, to appeal the decision of the Costa Mesa Planning Commission on April 8, 1968, for Atlas Chrysler -Plymouth signs. On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the request was held over to the meeting of May 6, 1968. The Happening The.Clerk read a request for a permit for off-site parking Off -Site Parking for The.Happening, 780 West 19th Street, denied by the Plan- ning,Commission on April 8, 1968. Mr. Edward M. Bechtel spoke to the Council. After discussion, upon motion by Councilman Tucker, seconded by Councilman Pinkley, and car- ried, off-site parking was approved subject to the condition that there be a parking attendant on duty Friday and Saturday and that there be adequate control of parking the balance of the week. Invoice Canceled The Clerk read a request from the Director. of Finance to cancel Invoice 1820, $121,135.35, an additional recovery of $32,733.49 of City Gas Tax funds, for recent widening of Harbor Boulevard from 19th Street to Wilson Street under Arterial Highway Financing Program. On motion by Councilman Barck, seconded by Councilman Wilson,- the request was granted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Amendment to Animal The Clerk presented an amendment to the Animal Control Agree - Control Agreement ment with the County of Orange. On motion by Councilman Orange County Barck, seconded by Councilman Wilson, the amendment was approved and the Mayor and City Clerk authorized to sign by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Amendment to Animal The Clerk presented Ordinance No. 2216, AN ORDINANCE AMEND - Control Ordinance ING SECTION 41.071 OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE, CALIFORNIA, adopted by the County of Orange on March 26, 1968. On motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, Ordinance No. 2216, County of Orange, relating to animal control, was approved. Right of Way Deeds On 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, Tucker Pinkley NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 3-20-68 State of California Placentia Avenue 4 -2-68 Newport -Mesa Unified School District Placentia Avenue 4 -8-68 First Christian Church of Costa Mesa (2) Placentia Avenue Variance V-15-68 Application for Variance V-15-68, Robin F. Garrett, 2+32 Garrett Newport Boulevard, Costa Mesa, for permission to construct 20 units on 45,180 square feet of land area (one unit per 2,259 square feet) in an Rl zone at 23+1 Santa Ana Avenue, was presented together with the recommendation of the Plan- ning Commission for denial. The Clerk reported that no written communications had been received. Applicant Robin F. Garrett and John Miller spoke to the Council. Eugene Bedford, 289 Costa Mesa Street, Costa Mesa, speaking for homeowners in close proximity to the project, objected to the granting of the application. Alan Schwalbe asked questions of the Council. After discussion, upon motion by Councilman Pinkley, the application was denied. 1 1 1 Variance V-17-68 Application for Variance V-17-68, Phillip A. Spiller, and/or Spiller Roy Ward, 1649 Westcliff Drive, Newport Beach, for permission to construct six units on 11,668 square feet of land area (one unit per 1,944.6 square feet) in an R2 zone at the southeast corner of Virginia Place and.Elden Avenue, was presented together with the recommendation of the Planning Commission for approval subject to the following condition: 1. Must meet all the requirements as listed under the Certified Recommendations attached to and made a part of the applica- tion. The applicant was present. Upon motion by Councilman Wilson, seconded by Councilman Barck,.and carried, the applica- tion was approved subject to the recommendation of the Plan- ning Commission. Variance V-19-68 Application for Variance V-19-68, Curt W. Heaton, 2972 Heaton Mindanao Drive, -Costa Mesa, for permission to encroach 12.6 feet into required 20.6 -foot rear yard setback for addition of bedroom and den to existing residence in an Rl zone at the same address, was presented together with the recommenda- tion of the Planning Commission for approval. The applicant was present. The Mayor asked if anyone wished to be heard. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the application was approved. Variance•V-20-68 Application for Variance V-20-68, Paul Augustine, 2702 Canary Augustine Drive, Costa Mesa, for permission to construct a two-story addition (containing family room on the first floor and two bedrooms on the second floor) to the rear of existing.resi- dence with an encroachment of 11.89 feet into the required rear yard setback of 19.39 feet in an R1 zone at the same address, was presented.together with the recommendation of the Planning Commission for approval. The Clerk reported that no written communications had been received. The Mayor inquired if anyone.wished to speak. Upon motion by Council- man Barck, seconded by Councilman Wilson, and carried, the application was approved. Variance V-21-68 Application for Variance V-21-68, Miller D. Richardson, Richardson 691 Governor Street,, Costa Mesa, for permission to reduce the required minimum six-foot distance between a main struc" tune and an accessory structure (pool equipment and shower room) to three feet, eight inches in an R1 zone at the same address, was presented together with the recommendation of the Planning Commission for approval subject to the follow- ing condition: 1. Separate heater room from the rest of the structure with a one-hour fire resistive separation wall, subject to the approval of the Building Department. The applicant was present. Upon.motion by Councilman Wilson, seconded by Councilman Barck, and carried, the application was approved. Variance.V-22-68 Application for"Variance V-22-68, M. S. Clegg Company, -Clegg Company 410 West Coast Highway, Newport Beach, for permission to encroach 6.96.feet into required rear yard setback of 22.96 feet for the construction of a residence in an Rl zone at 1875 Maui Circle, was presented together with the recommenda- tion of the Planning Commission for approval subject to the following conditions: 1. Tree planting compatible with the area. 2. That the eave overhang on the -right be 2.5 feet .from the side property. line.. The Clerk reported that no written communications had been received. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the application was approved subject to the recom- mendation of the Planning Commission. Conditional Use Application for Conditional Use Permit C -6 -67 -Amended, Allied Permit C -6-67-A Builders, 1442 South Euclid Street, Fullerton, for permission Allied Builders to maintain one 10 -foot by 20 -foot double -face,_ directional sign at 3091 Harbor Boulevard for the initial sale or rental of apartments -in Tracts 6259 and 5+75, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. For a period of six months or when all apartments are initially sold, whichever is sooner, when the sign shall be removed. Failure to remove the sign as indicated will result in forfeiture of the bond; 2. Any copy change from that approved"by the Planning Commis- sion will result in automatic forfeiture of the bond and removal of the sign. The applicant was present. Upon motion by Councilman Wilson, seconded by Councilman Barck, and carried, the application was approved subject to the recommendation of the Planning Commission. Conditional Use Application for Conditional Use Permit C-18-68, Lorene G. Permit C-18-68 Nikolsky, 200 Wake Forest Road, Costa Mesa, for permission to Nikolsky continue the operation of a guest home for a maximum of six elderly ambulatory people in the home at that address, was presented together with the recommendation of the Planning Commission for approval subject to the following condition: 1. No signs and no employees. The applicant said that she agreed to the condition. Upon motion by Councilman Wilson, seconded by Councilman Barck, and carried, the application was approved subject to the recommendation of the Planning Commission. Oral Communications There were no oral communications. Assembly Bill 202 The City Manager said that he had received a letter from the Brown Act City of Westminister regarding Assembly Bill 202 relating to the Ralph M. Brown Act. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the Council directed the City Clerk to write to Senators John G. Schmitz and James E. Whetmore and state the Council's opposition to the latest" proposed amendment to the Ralph M. Brown Act. Call for Bids The City Manager requested permission to call for bids for Landscaping Landscaping the Area Surrounding the Club House and Parking Club House Lot, the estimated cost being 10,330.00. Upon motion by Councilman Pinkley, seconded by Councilman Wilson, the Call for Bids was authorized by the following roll call vote: AYES: "Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Resolution 68-32 The City Manager recommended that an Assistant City Engineer Assistant City be hired. Upon motion by Councilman Barck, seconded by Engineer Councilman Wilson, Resolution 68-32, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CREATING THE POSI- TION OF ASSISTANT CITY ENGINEER IN THE CITY OF COSTA MESA AND ESTABLISHING THE SALARY RANGE FOR SAID POSITION, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Barck, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Opposing Assembly On motion by Councilman Wilson, seconded by Councilman Bill 741 Barck, and carried, Councilman Tucker abstaining, the City Councilman Council went on record opposing.Assembly Bill 741, regard- ing City Councilman appointed to fill a vacancy for an unex- pired term of six months or less is ineligible to run for election to that office at the next election, and the Clerk was instructed to notify the Legislature of the Council's position. , . Assembly Bill 684 On motion by Councilman Wilson, seconded by Councilman Cigarette Tax Tucker, and carried, the City Manager was instructed to notify the Legislature of the Council's position on Assembly Bill 684, changing the formula for the allocation of cigar- ette tax funds to cities. Adjournment On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the meeting was adjourned at 9:20 p.m. to April 16, 1968, at 7:30 p.m. in the Council Chamber at the City Hall, 77 Fair Drive, Costa Mesa. M yor 6f e City 6f Cost Mesa ATTEST: City Clerk of the City of Costa Mesa 1 1