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HomeMy WebLinkAbout08/05/1968 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 5, 1968 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:35 p.m., August 5, 1968, at the City Hall, 77 Fair Drive, Costa Mesa, California. 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. Councilmen Present: Tucker, Wilson, St. Clair, Pinkley, Jordan Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, City Clerk Minutes Upon motion by Councilman Wilson, seconded by Councilman July 15, 1968 Tucker, and carried, the minutes of the regular meeting of July 29, 1968 July 15, 1968, and special meeting of July 29, 1968, -were approved. Ordinance 68-32 The City Manager said he had received a letter from County Held over of Orange Health Department regarding the mobile chest x-ray Mobile X-ray Units unit ordinance. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, Ordinance 68-32, regulat- ing mobile x-ray units was held over to the meeting of August 19, 1968. Baseball Office The City Manager said he had received a request from the Under Grandstand Director of Parks to proceed with installation of a baseball office under the grandstand at the Costa Mesa Park, under an agreement with the Boys' Club to furnish the material, and the City to furnish the labor. Upon motion by Council- man Jordan, seconded by Councilman Wilson, and carried, the request to proceed with the installation of a baseball office under the grandstand at the Costa Mesa Park was approved. Agreement The City Manager requested permission to renew the Street Omar Wilson Lighting District Contractual agreement with Omar Wilson, effective August 4, 1968, with a $55.00 per month pay raise. Upon motion by Councilman Wilson, seconded by Councilman Jordan, the request was authorized by the following roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan NOES: Councilmen: None ABSENT: Councilmen: None Resolution 68-54 On motion by Councilman Wilson, seconded by Councilman Prohibiting Parking Jordan, Resolution 68-54, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING AT ALL TIMES ON THE NORTHERLY SIDE OF BAKER STREET BETWEEN DEODAR AVENUE AND HARBOR BOULEVARD, AND ON THE SOUTHERLY SIDE OF BAKER STREET FROM HARBOR BOULEVARD TO A POINT 100 FEET WESTERLY OF THE EXTENDED CENTER LINE OF DEODAR AVENUE, was adopted by the following roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan NOES: Councilmen: None ABSENT: Councilmen: None 1 1 1 Ordinance 68-33 On motion by Councilman Wilson, seconded by Councilman First Reading St. Clair, Ordinance 68-33, being AN ORDINANCE OF THE CITY Speed Limit COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA; AMENDING Fair Drive THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO ESTABLISH A 4o -MILE -PER -HOUR SPEED LIMIT ON FAIR DRIVE FROM NEWPORT BOULEVARD TO FAIRVIEW ROAD, was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan NOES: Councilmen: None ABSENT: Councilmen: None Retirement Plan The City Manager said that he had received a request from Increasing the Director of Finance for an amendment to the retirement Interest Rate plan, increasing the interest rate earned on members' contributions from three percent to four percent, effective July 1, 1968. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, the request was approved by the follow- ing roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan NOES: Councilmen: None ABSENT: Councilmen: None Continuance of The City Manager requested a personnel meeting of the Council, Assistant at 7:30 a.m., August 13, 1968, to consider the employment of City Manager an Assistant City Manager, and continuance of Assistant City Manager Ray Hartzler's contract to September 15, 1968. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, the request to hold a personnel meeting was approved, and the continuance of Assistant City Manager Ray Hartzler's contract to September 15, 1968, payable by purchase order, was approved by the following roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan NOES: Councilmen: None ABSENT: Councilmen: None Lease On motion by Councilman Wilson, seconded by Councilman Recreation Center St. Clair, and carried, the City Manager was given permission Auditorium Building to renegotiate the lease arrangement between the City and the 32nd Agricultural District Association for the Community Recreation Center, Auditorium Building. Transfer of Funds The City Manager said that he had received a request from Vista Park the Director of Finance to transfer $2,000.00 from the appropriation for Corsica Park sprinkler system to completion of Vista Park improvement. Upon motion by Councilman Wilson, seconded by Councilman Jordan, the transfer was authorized by the following roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan NOES: Councilmen: None ABSENT: Councilmen: None Continental Upon motion by Councilman Jordan, seconded by Councilman Baking Company Wilson, and carried, the location of Continental Baking Company, 2035 Westwood Boulevard, Los Angeles, with a warehouse depot and a small retail bakery outlet at 202+-20+8 Placentia Avenue, was approved. Tentative Upon motion by Councilman Jordan, seconded by Councilman Tract 6697 Wilson, and carried, Tentative Tract 6697 of the City of Santa Ana was ordered received and filed. Skybus, The City Clerk presented a resolution from the City of Incorporated Newport Beach, regarding the application of Skybus, Incor- porated. Upon motion by Councilman Wilson, seconded by Skybus, Councilman Jordan, and carried, the resolution was received Incorporated and filed, and a copy of the Council's action regarding Continued Skybus, Incorporated, ordered sent to the City of Newport Beach. Written The Clerk presented the following communications: Board of Communications Corrections regarding the inspection of the City jail; Division of Highways regarding relinquishment of right of way; Reso- lution of the Board of Supervisors, regarding policy on agreements for animal and rabies control; Congressman James B. Utt, acknowledging receipt of resolution regarding reduction in Post Office service. Upon motion.by Councilman Jordan, seconded by Councilman St. Clair, and carried, the communi- cations were received and filed. Alcoholic Beverage The following copies of applications to the Department of Control Alcoholic Beverage Control for licenses were presented: License transfer from Elsie N. and Leo W. Pauly, to Alfred J. and Dorothy Gardner, 510 South Broader, Anaheim, for an on -sale beer license at Kings Inn, 720 Randolph Street. License transfer from the Bank of California National Association as Conservator of the Estate of Robert L. Barneson, Conservatee, to Fred J. McBride and Don M. Silvernail, 5712 Westminister Boulevard, Westminister, for an off -sale general license at 250 East 7th Street. License transfer from Dixie N. and Harvey A. Leichtfuss, to Barbara R., Donald E., Kathryn E., and William E. Bridges and Frank W. T. and Sally A. La Haye, 2301 Aralia, Newport Beach, for an off -sale general license at E -Z In Liquor. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the applications were ordered received and filed. The application of Kelly's Enterprises, Incorporated, 900 East Doheny Boulevard, Apartment 902, West Hollywood, was presented for a new on -sale beer and wine license at Kelly's Prime Steak House, 1931 A and B Harbor Boulevard. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was referred to the City Attorney for filing a protest. The City Clerk presented a letter from Senator Clair W. Burgener, regarding the Brown Act. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the communication was received and filed. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the communications from Local Agency Formation Commission, regarding the proposed annexations, Engineer's No. 111 and Engineer's No. 110., to the Costa Mesa Sanitary District were ordered received and filed. The City Clerk read a letter from George C. Woods, Attorney, 6777 Hollywood Boulevard, Hollywood, regarding the leaving of trash and using of the street for parking by MacGregor Yachts, 1665 Babcock Avenue. The City Manager then presented a report from the Planning Department outlining the corrective action that had been taken. V. G. Marth The City Clerk presented a letter from V. G. Marth, 3197 Cape Underground Verde, Costa Mesa, regarding removal of overhead facilities Utilities and installation of underground facilities in the section bounded by Baker, Harbor, the San Diego Freeway, and the Santa Ana River. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the City Manager and the City Attorney were instructed to work with Mr. Marth in starting an underground utility district. Written The Clerk presented a letter from J. P. Flynn, 60+8 Chelton Communications Drive, Oakland, regarding a problem in Newport Beach. Upon Continued motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the letter was ordered received and filed. Permits Upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application of the Costa Mesa Fire Fighters Association, 879 Towne Street, Costa Mesa, for a Magic Show, September 21, 1968, at Orange Coast College Auditorium, was approved. The application of the Kidney Foundation of Orange -Riverside, Incorporated, 4781 Libra Palace, Yorba Linda, for waiver of conditions under Section 69141 of the Municipal Code, for door-to-door candy sales, September.1 through October 31, 1968, was held over to the meeting of August 19, 1968. The application of the Orange County Chapter of National Cystic Fibrosis Research Foundation, 1661 West Broadway, Anaheim, for waiver of conditions under Section 69141 of the Municipal Code, for fund campaign September 1 through 15, 1968, was held over to the meeting.of August 19, 1968. Refund, Eller The Clerk presented recommendation from the Director of Finance for refund on Business License No. 3103 for Dudley W. Eller, 493 Abbie Way, Costa Mesa, in the amount of $12.00. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, the refund was authorized by the following roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan NOES: Councilmen: None ABSENT: Councilmen: None Departmental On motion by Councilman Wilson, seconded by Councilman Jordan, Reports and carried, the following departmental reports were received and filed: Fire, Traffic Engineer, and Finance, for the number of non-profit permits issued during July. Warrant On -motion by Councilman Wilson, seconded by Councilman Jordan, Resolution 549 Warrant Resolution 549 including Payroll No. 6815 was approved by the following roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan NOES: Councilmen: None ABSENT: Councilmen: None Warrant On motion by Councilman Wilson, seconded by Councilman Jordan, Resolution 550 Warrant Resolution 550 was approved by the following roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan NOES: Councilmen: None ABSENT: Councilmen: None M1 Ordinance Councilman Jordan requested that the proposed variance provi- sions of the M1 ordinance be put back on the agenda for the meeting of August 19, 1968. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the request was approved. Haig.and Haig The City Attorney reported that a contract had been drawn for Golf Tournament the Haig and Haig Golf Tournament and, upon motion by Council- man Jordan, seconded by Councilman Wilson, the Mayor and City Clerk were authorized to sign the contract for the City subject to approval of the terms by the City Attorney, by the following roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-24 On motion by Councilman Jordan, seconded by Councilman First Reading Wilson, Ordinance 68-24, being AN ORDINANCE OF THE CITY Uniform Fire Code COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES, was given first reading and passed to second. reading by the following roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan NOES: Councilmen: None ABSENT: Councilmen: None Claim The City Attorney said he had reached a settlement with Woodbury Gerald Woodbury in the amount of 250.00 in the claimant's 200,000.00 action, and upon motion by Councilman Jordan, seconded by Councilman Wilson, the settlement was authorized by the following roll call vote: AYES: Councilmen: Tucker, Wilson, St. Clair, Pinkley, Jordan 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., August 5, 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 John Honeycutt of First Baptist Church. Roll Call Councilmen Present: Wilson, Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, City Clerk Proclamation The Mayor read a proclamation declaring the week of August 11 Willing Water Week through August 18 as Willing Water Week. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the proclamation was approved. Visitor from Japan The Mayor asked Howard Denghausen, Assistant Harbor Master, Youth Exchange if he would like to,introduce his guest for three weeks Program from Japan. Mr. Denghausen introduced Tashamitsu Shintomeyo, a sophomore in college and a participant in the Youth Exchange Program through the Lions Club. Police Department The Mayor said that the Orange County Fairgrounds had held Praised a two-day jazz festival, and approximately 50,000 people attended on Saturday, and 70,000 on Sunday. He praised the Police Department for their excellent job of handling the large crowds, and each Council member expressed his appreciation also. Live Entertainment Chief Neth recommended approval of the live entertainment Permits application for Samuel L. Altenburg, owner, Coury's Res- taurant, 843 West 19th Street. Upon motion by Councilman Samuel L. Altenburg Wilson, seconded by Councilman St. Clair, and carried, the application was approved. Chief Neth recommended approval of the live entertainment Steven Berry Granat application for Steven Berry Granat, musician, Orange Groove., 88 Fair Drive, and on motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the application was approved. 1 1 1 "2n V -34-68-A with an encroachment of 14 feet into required 25 -foot rear Sewell- yard setback, and to reduce the required off-street parking Continued by two spaces (14 required and 12 available). The Clerk read the recommendation of the Planning Commission for approval subject to the following condition: Must meet all the requirements of the Certified Recommendations of the various City departments of the City of Costa Mesa, copy attached to and made a part of the application. The applicant was present. The Mayor inquired if ..anyone wished to speak regarding the application. Mrs. Dorothy Dunn, 164 Georgeanne Place, Costa Mesa, said that her property abutts the proposed development and she objected to the number of units. After discussion, upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission. V-38-68 The Clerk presented application for Variance V-38-68, Roberto's Roberto's Auto Trim Auto Trim and/or Ivan Roseberry; 2033-35 Harbor Boulevard, Costa Mesa, for permission to construct a six -car garage to be used for upholstering cars in conjunction with the existing upholstering shop, at that address, in order to upholster the cars under cover instead of in the open, together with the recommendation of the Planning Commission for denial. The Clerk read a letter from Attorney Bradley K. Schwarz on behalf of Mr. Henry C. Vaughn, stating objection to the proposed variance. Roy M. Watkins, 756 West 19th Street, Costa Mesa, spoke to the Council representing the applicant. After discussion, Councilman St. Clair made a motion for approval of the application, and it died for lack of a second. Councilman Tucker, seconded by Councilman Wilson, and carried, made a motion for the application to be held over to the meeting of August 5, 1968. C-47-68- The Clerk presented application for Conditional Use Permit Denton C-47-68, Susanna M. Denton, 367 Magnolia Street, Costa Mesa, for permission to teach piano in the home as a home occupa- tion five days per week at that address (from 10.00 a.m. to 6:00 p.m. in the summer, and from 3:00 p.m. to 6:00 p.m. during school months) for a maximum of 25 pupils, by appoint- ment only, together with the recommendation of the Planning Commission for approval subject to the following condition: Must meet all the requirements of the Certified Recommenda- tions of the various departments of the City of Costa Mesa, copy attached and made a part of the application. The Clerk read one letter in favor of granting the application from the applicant's next-door neighbor, Edith Cunningham, 363 Magnolia Street. Mrs. Denton asked permission to delay the installation of sidewalks required as one of the conditions until her business was built up. After discussion, upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission, and the applicant was given permission to install the sidewalks and driveway approaches required in the Certified Recommendations within one year. c-48-68 The Clerk presented application for Conditional Use Permit Genco C-48-68, Michael Genco, 628 West 19th Street, Costa Mesa, for permission to construct 14 automobile storage garages at that address in a Cl zone, together with the recommenda- tion for denial from the Planning Commission. The Mayor inquired if the applicant were present, and he was not. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the application was denied. Oral Communications The Mayor inquired if anyone wished to speak on any item that was not on the agenda. Mr. Norman French, 2865 Stromboli Road, Costa Mesa, spoke to the Council in opposition.to Rezone Petition R-12-68, R. A. Watt, the proposed rezoning of the Mesa Verde Country Club property. Engineering The City Manager requested authorization to sign a purchase Services by order for engineering services by Donald E. Stevens, Incorporated, Donald E. Stevens to be performed for the period of July 1, 1968, through June 30, Authorized 1969, when authorized by the Director of Public Works in writing. On motion by Councilman Wilson, seconded by Council- man Jordan, authorization was granted as requested by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Warrant Authorized The City Manager requested permission to order the services Annual Report of the Lambert .Agency to produce the annual report of the City at a cost of 2,500.00. On motion by Councilman Wilson, seconded by Councilman St. Clair, the expense was authorized by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Bids Opened The City Manager said that the City Clerk had opened bids on Bid Item 110 July 12, 1968, for Bid Item 110, Furnishing of Draperies and Draperies Hardware in the City Hall Building at 77 Fair Drive, and the Police Building at 99 Fair Drive. The following bids were received: NAME AMOUNT TERMS Gilbert's $ 6,398.7E Net William Samson Company 5,985.00 Net, 30 days Sheward Specialty 4,912.00 10%, 20 days The City Manager recommended that the bid of Sheward Specialty be accepted as the lowest bid meeting specifications. Upon. motion by Councilman Wilson, seconded by Councilman Jordan, Awarded the contract for Bid Item 110 was awarded to Sheward Specialty in the amount of $4,912.00 by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Costa Mesa City The City Manager read two letters from -the Costa Mesa City Employees' Employees' Association: one, thanking the Council for award - Association ing the salary increase to the employees in the 1968-1969 budget; the other, requesting that a study be made of Request for retirement age with,consideration given to lowering retire - Lowering of ment age by five years. On motion by Councilman Jordan, Retirement Age seconded by Councilman Tucker, and carried, the thank -you letter was received with gratitude and ordered filed, and the letter requesting lowering of retirement age was referred to the staff for report back at their convenience. Stockton Police The City Manager requested permission for five men from the Pistol Police Department to attend the Eighth Annual Stockton Police Championships National Pistol Championships in Stockton, California, on July -1;9,, 1968, through July 21, 1968. On motion by Councilman Tucker, seconded by Councilman St. Clair, permission was granted as requested, and the Director of Finance was authorized Warrant Authorized to draw a warrant in the amount of $175.00 to cover expenses for five men by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Warrant Authorized The City Manager requested permission to order the services International of International Testing Corporation for testing and inspec- Testing tion services for the period of July 1, 1968, through June 30, 1969, as required and directed by the Director of Public Works; 1 1 j 3 -r -z Live Entertainment Chief Neth recommended approval of the live entertainment Permits, Continued application for Beverly Ann Saladee, owner, Three -Wheels Bar, 1830 Newport Boulevard, and on motion by Councilman Beverly Ann Saladee St. Clair, seconded by Councilman Jordan, and carried, the application was approved. Sauna Bath Permits On motion. by Councilman Wilson, seconded by Councilman Jordan, Russell Ray Bailey and carried, applications for sauna bath employees were Tasuko Bailey approved for the following at the Elite Sauna, 2626 Newport Sheila Esther Smith Boulevard: Russell Ray Bailey, owner; Tasuko Bailey, Public Hearing" masseuse; and Sheila Esther Smith, masseuse. The Mayor said that this was the time and the place set for Weed Abatement the public hearing for receiving the report of the Street Superintendent showing the cost of removing the weeds. The Clerk said that no written communications had been received protesting the cost of removing weeds. The Mayor asked if anyone wished to speak. No one wishing to speak, the Mayor closed the public hearing. Upon motion by Councilman Wilson, seconded by Councilman Jordan, Resolution Resolution 68-55 68-55, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Confirming Report COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE STREET SUPERINTENDENT SHOWING THE COST OF REMOVING THE WEEDS, RUBBISH, REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor said that this was the time and the place set for R-7-68, Lane the public hearing on Rezone Petition R-7-68, Theodore H. Lane, 2010 Vista Cajon, Newport Beach, for permission to rezone from R2 to C2 -CP, property at 2191 Harbor Boulevard. The Clerk read the recommendation of the Planning Commission for denial. The Clerk read a letter of protest from Mrs. Harry R. Seely, 2161 Charle Drive, Costa Mesa. The Mayor asked if anyone wished to speak. The applicant was not present. No one wishing to speak, the Mayor closed the public hearing. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was denied. Later in the meeting, Mr. Lane arrived and requested reconsideration of the application, and requested that the application be held over for 120 days. On motion by Council- man Wilson, seconded by Councilman Jordan, and carried, the Council reconsidered their action taken on the application, and the previous motion for denial was rescinded. On motion motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was held over for 120 days. Public Hearing The Mayor announced that this was the time and the place for R-10-68, Shoen the public hearing for Rezone Petition R-10-68, Francis X. Shoen, 1321 West Park Lane, Santa Ana, for permission to rezone property from M1 to Cl -CP, located in the general area of the northwesterly corner of Newport Boulevard and Baker Street. The Clerk read the recommendation of the Planning Commission for denial, and said that he had received no written communications. The Mayor inquired if anyone wished to speak. Nathan W. Tarr, 415 West 4th Street, Tustin, spoke to the Council representing the applicant. Mr. Shoen answered questions of the Council. Ted Bologh, 286 Del Mar Avenue, Costa Mesa, spoke from the floor in favor of approv- ing the application. No one else desiring to speak, the Mayor closed the public hearing. Councilman Wilson made a motion for denial, and the motion was seconded by Council- man Tucker, and lost by the following roll call vote: AYES: Councilmen: Wilson, Tucker NOES: Councilmen: Pinkley, Jordan, St. Clair ABSENT: Councilmen: None A ��`,`, ci{i_^..rK,, Public Hearing Motion for approval was made by Councilman Jordan, seconded R-10-68, Shoen by Councilman St. Clair, and carried by the following roll Continued call vote: AYES: Councilmen: Pinkley, Jordan, St. Clair NOES: Councilmen: Wilson, Tucker ABSENT: Councilmen: None On motion by Councilman Jordan, seconded by Councilman Ordinance 68-34 St. Clair, Ordinance 68-34, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 1, BLOCK "E" OF THE BERRY TRACT FROM Ml TO Cl -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, St. Clair NOES: Councilmen: Wilson, Tucker ABSENT: Councilmen: None Mesa Verde Home Jim Wood, past president of the Mesa Verde Home Owners' Owners' Association Association, 2881 Europa Drive, Costa Mesa, expressed the organization's appreciation for the interest of the Council on projects in the Mesa Verde area during the past year. He introduced the new directors and officers of the Mesa Verde Home Owners' Association to the Council, and an invitation was extended to the Mayor to be the next guest speaker at the association's next meeting. The Mayor accepted the invitation. Agreement The City Engineer presented an agreement with the County Orange County of Orange for expenditure of $3,000.00 in the Improvement Palisades Road of Palisades Road between 600 feet west to 1,000 feet west of Santa Ana Avenue. Upon motion by Councilman Wilson, seconded by Councilman Jordan, the agreement was approved by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, St. 'Clair, Wilson, Tucker NOES: Councilmen: .None ABSENT: Councilmen: None Change Order No. 1 The City Engineer presented Change Order No. 1 for the Sprinkler System Construction of a Sprinkler System and Landscaping at the and Landscaping at Costa Mesa Golf Course Country Club, an addition of $430.00. the Golf Course Upon motion by Councilman Wilson, seconded by Councilman Jordan, Change Order No. 1 was approved by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, St. Clair, Wilson, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Notice of The City Engineer said that Valley Crest Landscape, Incorpora- Completion ted, had completed the Construction of a Sprinkler System and Sprinkler System Landscaping at the Costa Mesa Golf Course Country Club. He and Landscaping at recommended that the Notice of Completion be filed. Upon the Golf Course motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the work bras accepted and the City Clerk was directed to file Notice of Completion with the County Recorder by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, St. Clair, Wilson, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Street Lighting The City Engineer presented the annual Street Lighting Report 1968-1969 Report, fiscal year 1968-1969. The'Street Lighting Superin- tendent answered questions of the Council. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the Street Lighting Report was held over to the meeting of August 19, 1968. 1 1 Agreement The City Engineer presented an agreement between the City Orange County and the County of Orange regarding the landscaping on Redhill Redhill Avenue Avenue embankment of the San Diego Freeway; the City is to Maintenance maintain the embankment and the State is to landscape. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the agreement was approved. C -5o-68 The Clerk presented application for Conditional Use Permit First Assembly of C-50-68, First Assembly of God Church, 146 22nd Street, God Church Costa Mesa, for permission to use existing facility for a pre-school for a maximum of fifty children, five days per week, from 6:30 a.m. to 6:00 p.m. at that address, together with the recommendation of the Planning Commission for approval subject .to the following condition: Shall meet all the requirements as contained in the Certified Recom- mendations from the various departments, copy attached and made a part of the application. The Reverend M. C. Cronic of the First Assembly of God Church read a letter to the Council requesting that the Council delete "Condition No. 3 (c) Dedication to the City of Costa Mesa of all land 40 feet from the center line of 22nd Street per Master Plan of Highways and dedication of a 17 -foot spandrel at the corner of Elden and 22nd Street." After discussion, upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, Councilman St. Clair voting No, the application was approved subject to the recommendation of the Planning Commission with the exception that Condition No. 3 (c) of the Certified Recommendations was deleted. Recess The Mayor declared a recess at 9:20 p.m., and the meeting reconvened at 9:35 P•m• Vehicle Parking On motion by Councilman Wilson, seconded by Councilman Districts Jordan, Vehicle Parking District No. 1 Budget, 1968-1969, No. 1 and 2 Budgets and Vehicle Parking District No. 2 Budget, 1968-1969, were approved by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, St. Clair, Wilson, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Disapproving Use The City Clerk read a copy of a letter from the City Manager of General Funds of the City of Orange regarding a request to have the County for Fire Stations of Orange build and equip a fire station with funds from the General Fund for the Cities of Cypress, Los Alamitos,'and La Palma., After discussion, upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the Council went on record disapproving the County's use of General Funds to build and equip fire stations for cities, and the Council further requested that an accounting of expenditures from the General Fund be obtained from the Board of Supervisors. V -10-67-A, The Clerk presented the recommendation from the Planning Yee Commission regarding Variance V -10 -67 -Amended, Kam Foy Yee, 15601 Beach Boulevard, Westminister, permission to add .a banquet room with an occupancy rating of 21 persons in addition to existing Chinese restaurant with an approved occupancy rating of 64 persons, making a total occupancy of 85 persons with a reduction of three parking spaces from required 43 spaces during the hours of 8 a.m. to 5 p.m., restaurant located at 1505 Mesa Verde Drive East. The Clerk read the following recommendation of the Planning Commission: "The Commission endorses the letter of July 15, 1968, sent to Mr. Kam Foy Yee by the Director of Planning, and strongly recommends to the City Council that Variance V -10 -67 -Amended be revoked if Mr. Yee has not complied with the conditions of this variance as set forth in the attached letter." The City Attorney read a report from the Planning v -10-67-A Department, and Councilman Wilson read a report from the Yee Building Safety Department. Van Councelman, 1700 Newport Continued Boulevard, Costa Mesa, said Mr. Yee had signed a lease with him for the restaurant property for five years and said that he would try to secure Mr. Yee's cooperation in complying with the conditions. Councilman St. Clair made a motion to extend the length of time for one month for compliance with the conditions of the variance. After discussion, Councilman St. Clair withdrew his motion. Upon motion by Councilman Wilson, seconded by Councilman Pinkley, a seven-day extension for compliance with the conditions of Variance V -10 -67 -Amended was granted to the applicant by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, Wilson NOES: Councilmen: Tucker, St. Clair ABSENT: Councilmen: None Tentative The Clerk presented Tentative Map of Tract 2789, Revision No. 1, Tract 2789, The Buccola Company, 4501 Birch Street, Newport Beach, to Revision No. 1 divide property between Aliso and Tustin Avenues and between Buccola East 16th Street and Lenwood Drive into 30 lots. The Mayor inquired if anyone wished to speak. Burton Romberger, repre- senting The Buccola Company, distributed copies of a letter to each Councilman and read the letter explaining the project. The following spoke in opposition to approval of the applica- tion: David Ross, 1619 Tustin Avenue, speaking in opposition to the sub -standard sized lots and the installation of sidewalks next to the curbs; Betty DeLavigne, 417 Lenwood Drive; and Mrs. Lloyd Johnston, 406 Lenwood Circle. Mr. Buccola explained the development of the area by using an aerial photograph. Frank Myers, 583 West 19th Street, Costa Mesa, representing the developer, requested that the cash deposit (Condition No. 21 of the Assistant City Engineer's letter dated July 17, 1968) required for underground lighting, be changed to a customary type of security and a five-year time limit be placed on the requirement. After discussion, Mr. Buccola said that the cash deposit would be acceptable. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, Councilman Tucker voting No, the application was approved subject to the conditions contained in the Assistant City Engineer's letter dated July 17, 1968, and subject to the conditions contained in the Director of Planning's letter dated July 22, 1968, and also that an agreement be worked out with the City Attorney regarding the security for Condition No. 21 contained in the Assistant City Engineer's letter dated July 17, 1968. v -4o-68 The Clerk presented application for Variance V-40-68, The Buccola Buccola Company, 4501 Birch Street, Newport Beach, for permission to develop 30 lots in Tentative Tract 2789, Revision No. 1, instead of the permitted 24 lots, with the following variations: (a) The lot sizes to range from a minimum of 4,917 square feet to a maximum of 5,003 square feet (typical lot size: 60 -foot by 83.39 -foot); (b) To permit a rear yard encroachment of 11.7 feet into the required rear - yard setback of 16.7 feet on six corner lots; (c) A reduction of one foot, eight inches into the required 20 -foot width on approximately 20 garages, to allow for projection of fire- places. Councilman Wilson discussed making the driveway to the garage at least 20 feet in length. Mr. Buccola said that he would be willing to set the garage back 20 feet from the sidewalk. On motion by Councilman Wilson, seconded _ by Councilman St. Clair, and carried, Councilman Tucker voting No, the application was approved subject to the Certified Recommendations of the various City departments, attached to and made a part of the application. S -10 -68, -Speak The Clerk presented the following applications for Roscoe B. Speak, 201 Fairway Place, Costa Mesa: Tentative Parcel Map S-10-68, for permission to divide property r;a?�_.v s-10-68, Speak Continued on the southeasterly side of Orange Avenue, between Cecil Place and Albert Place, into four parcels; Encroachment 26 Encroachment Permit 26, for permission to allow encroachments Speak- of residence and retaining wall at .2260 Orange Avenue; Variance V-39-68, for permission to allow an encroachment of V-39-68, Speak 1.32 feet into required 5 -foot side -yard setback for existing residence at 2270 Orange Avenue; and to allow a rear -yard setback of 2.58 feet over the property line for existing residence at 2258 Orange Avenue, as indicated on Tentative _ Parcel Map S-10-68. The C1erk.said that no written communi- cations had been received. .The Mayor inquired if anyone wished to speak. Stanley Hertz spoke to the Council saying the old garage was two feet over on his property, and the garage should be removed or set back. Roscoe B. Speak requested that the three applications be held over to the next Council meeting. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the three appli- cations for Roscoe B. Speak were held over to the meeting of August 19, 1968. Building Moving The Clerk presented, held over from the meeting of July 15, 1968, Permit 571,,Lewis application for Building Moving Permit 571, Richard Lewis, 1966 Harbor Boulevard, Costa Mesa, for permission to move a residence from 19+6 Harbor Boulevard to 256 East 22nd Street, together with the recommendation of the Planning Commission for approval subject to the following.condition: Must meet all the requirements as outlined in the Certified Recommenda- tions from the various City departments, copy attached to the application. The Clerk read a letter of protest to the relocation of the residence from E. L. Patterson, 2201 Santa Ana Avenue,Costa Mesa, who is planning.to build new homes on 300 feet of property adjacent and easterly of the proposed site. The following spoke in opposition to approval of the application: Jean Brennon, 259 East 22nd Street; Mrs. Richard Sharp, 263 East 22nd Street; and Earl Patterson, 20301 Orchard, Santa Ana Heights. Richard Lewis spoke from the floor. No one else wishing to speak, motion for denial was made by Councilman Wilson, seconded by Councilman St. Clair, and carried. Upon motion by Councilman. Jordan, seconded by Councilman Wilson, the following right of way deeds were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Pinkley, Jordan, St. Clair, Wilson, Tucker NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 7-16-68 William W. Opferman. Sterling Avenue 7-17-68 Lovena E. and Herschel L. Funk Orange and Olive Avenues V-29-68 The Clerk read a request from Mrs. Velma E. Smith for deletion Smith and Quintero of all conditions under Condition No. 4 of the Certified Recom- mendations except sidewalk, drive aprons, curb and gutter, Variance V-29-68, approved at the meeting of June 3, 1968, for Velma E. Smith and/or Daniel Quintero. After discussion, upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the request was denied unless the record shows that Mrs. Smith has been assessed and the work has not been done. V-38-68 The Clerk presented, from the meeting of July 15, 1968, appli- Roberto's Auto Trim cation for Variance V-38-68, Roberto's Auto Trim Shop and/or Shop and'Roseberry Ivan Roseberry, 2033-35 Harbor Boulevard, Costa Mesa, for permission to construct a six -car garage to be used for upholster- ing cars in conjunction with the existing upholstering shop, resulting in a reduction of seven parking spaces (13 spaces required), in order to upholster the cars under cover instead of in the open, at that address together with the recommenda- tion of the Planning Commission for denial. Roy Watkins V-38-68 spoke representing the applicants. After discussion, upon Continued motion by Councilman Wilson, seconded by Councilman Jordan, and carried, Councilman St. Clair voting No, the application was approved for permission to construct a four -car garage subject to the requirements of the Certified Recommendations of the various departments of the City of Costa Mesa, copy being attached and made a part of the application. C -30-67-A The Clerk presented application for Conditional Use Permit First Step House C -30 -67 -Amended, First Step House of Orange County, in care of John Glithero, Attorney at Law, 583 West 19th Street, Costa Mesa, for permission to continue the use of R2 property for the First Step House and Alcoholics Meetings, at 2015 Charle Street, together with the recommendation of the Planning Commission for approval subject to the following recommendation: Shall meet all the requirements as contained in the Certified Recommendations from the various departments, copy of which is attached and made a part of the application. Jack Meyer, 2236 Anaheim Avenue, Costa Mesa, spoke represent- ing the applicant. After discussion, upon motion by Council- man Wilson, seconded by Councilman St. Clair, and carried, the application was approved for a period of two years sub- ject to the recommendation of the Planning Commission. C -72-67-A The Clerk presented application for Conditional Use Permit Bradburne and C -72 -67 -Amended, R. H. Bradburn and/or M. Douglas, 524 West Douglas Commonwealth, Fullerton, for permission to transfer Conditional Use Permit C-72-67 from Walter R. Gayner, 2850 Mesa Verde Drive, Costa Mesa, to R. H. Bradburne and/or M. Douglas, for permis- sion to construct a 37 -unit apartment complex in an R4 -CP zone at 365 West Wilson Street, together with the recommendation of the Planning Commission for approval subject to the follow- ing condition: Must meet all the requirements of the Certified Recommendations, copy attached and made a part of the application. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the application was approved subject to the recommendation of the Planning Commission. c-49-68 Application for Conditional Use Permit C-49-68, Harbor Auto Harbor Auto Body Body, Incorporated, 957 West 17th Street, Costa Mesa, was presented for permission to use Ml property at 964 West 17th Street to store impounded and damaged vehicles with no dismantling until final disposition of said vehicles is determined; and to be allowed to use the single existing residence for residential purposes for security reasons. The Clerk read the recommendation of the Planning Commission for approval subject to ten conditions as listed on the appli- cation. He read two letters of protest from Mr. and Mrs. Olav Vaerstad, 991 and 983 West 17th Street; and Leleith M. Gilbert Rutherford, 954 West 17th Street. The following spoke against approval of the application: Albert Rutherford, 954 West 17th Street; Frank Strahl, 214 East Costa Mesa Street, owner of 986-970 West 17th Street; William W. Gutherie; and Steve Bartock. Robert B. Lord, manager of Harbor Auto Body, spoke in support of the application. After discussion, upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was denied. Oral Communications There were no oral communications. Adjournment Upon motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the meeting was adjourned at 11:50 P.M. ATTEST: gayorof. the City of Costa Mesa ® 7P , City Clerk of the City of Costa Mesa