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HomeMy WebLinkAbout10/07/1968 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 7, 1968 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:35 p.m., October 7, 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, Tucker, St. Clair, Jordan, Pinkley Councilmen Absent: None Officials Present: Assistant City Manager, City Attorney, City Engineer, City Clerk Minutes Upon motion by Councilman St. Clair, seconded by Councilman September 16, 1968 Pinkley, and carried, the minutes of the regular meeting of September 16, 1968, were approved as distributed and posted. George Heltzer The Director of Planning requested that the George Heltzer Agreement Amended Agreement dated April 15, 1968, Tract 62+5, be amended to Tract 62+5 read as follows: "The water acreage fee shall be payable to the City of Costa Mesa on each portion of the land recorded according to an equalized spread as determined by the City Engineer." Upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the request to amend the agreement was approved. Ordinance 66-3 The Clerk presented for second reading and adoption Ordi- Adopted nance 66-3, entitled AN ORDINANCE OF THE CITY COUNCIL OF R-29-65 THE CITY OF COSTA MESA CHANGING THE ZONING OF CERTAIN REAL PROPERTY BETWEEN HARBOR BOULEVARD AND COLLEGE AVENUE, BETWEEN BAKER STREET AND THE SOUTHERLY BOUNDARY OF TRACT NO. 2+32 FROM R3 AND Cl TO Cl -CP, Rezone R-29-65. On motion by Councilman St. Clair, seconded by Councilman Wilson, Ordinance 66-3 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Written The Clerk presented a letter from James E. White, Attorney, Communications representing Mr. Bechtel, owner of "The Happening," that Chapter VI, Article 13, Live Entertainment, of the Municipal Code, be amended. Mr. White, 1617 West Cliff Drive, Suite 209, Newport Beach, and Captain Moody spoke from the floor. After discussion, upon motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the request was denied. The Clerk read a letter from the Marina -Highland Association, Incorporated, regarding a structure under construction at 1128 Gleneagles Terrace. No work has been performed on the structure during the.past two years. Mr. Norman Slatter and Mr. Hruza spoke from the floor. After discussion, on motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the letter was held over for study and report from various departments to the Council. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried,' the request from Mr. Howard Carson, 1201 Berkshire Lane, Nei -port Beach, to amend the present Written Trailer Park Ordinance to be in accordance with the State Communications Trailer Park Requirements for Mobile Homes and Mobile Home Continued Parks was referred to the City Attorney for study. The City Clerk read a letter from William E. Lord, 596 Park Drive, Costa Mesa, regarding a broken window at one of his apartments at 1796 Anaheim. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the claim was referred to the City Attorney. The City Clerk read a letter from Dean Crissman, opposing the service station regulation ordinance. Upon motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the letter was referred to the City Attorney for reply informing Mr. Crissman that there will be a public hearing. The Clerk read the following communications: Resolutions from the Cities of Nm7port Beach, Seal Beach, and Orange County Water District opposing the Watson -Amendment; Californians for Modern Hospitals supporting Proposition 5, financing of non-profit hospitals in California; Applications to the Department of Alcoholic Beverage Control for license transfer from Plavan Liquor, Incorporated, to Plavan Liquor, Incorporated, 1520 Baker Street, for an off -sale general' license at the same address; license transfer from Wilburt Heckman to Sara F. and Alvis L. Strickland, 1651 Teak Circle, Fountain Valley, for an on -sale beer license at 1548-F Adams Avenue; Orange County Junior College District expressing appreciation for support in connection with the bond issue; Controller of the State of California regarding apportionment of Trailer Coach Fees; Public Utilities Commission notice regarding the resetting of public hearing for Skybus; Costa Mesa Chamber of Commerce compliments and congratulations on 1967-1968 Annual Report; a resolution from the City of Brea expressing opposition to the proposal that the County of Orange build and equip a fire station for any munici- pality in the County of Orange from the County of Orange general Fund; City of Garden Grove commending the Haig and Haig Golf Tournament; Robert A. Dier, regarding action on billboards; Local Agency Formation Commission regarding proposed Bushard Street Annexation No. 8 to Midway City Sanitary District, proposed annexation No. 1307; and proposed annexation to the Costa Mesa Sanitary District designated Engineer's No. 113. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, they were ordered received and filed. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the communications from the City of Newport Beach requesting the Board of Supervisors of Orange County to appoint an Airport Land Use Commission, and from the City of Tehachapi regarding proposed legislation to protect law enforcement officers, were -referred to the City Attorney. Permits The City Clerk presented a request from Mission Pak Company, 9601 Wilshire Boulevard, Suite 762, Beverly Hills, to place its trailer in the Harbor Shopping Center. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the request was approved. The Clerk read a letter from the March of Dimes -requesting permission to conduct the 1969 March of Dimes Campaign in the City. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the request was approved with waiver of conditions under Section 69141 of the Muni- cipal Code. I� Permits The application of the Leukemia Society of America, Incor- Continued porated, 775 Sunset Boulevard, Los Angeles, for waiver of conditions under Section 69141 of the Municipal Code, for door-to-door solicitation throughout October, 1968, was granted.on motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, with a request for a break -down of expenses next year. The Clerk presented an application from Orange County Blind Chapter, California Council of the Blind, 308 East Stanford Street, Santa Ana, to sell tickets for Child-ren's Variety Show by telephone to businessmen only from September 16 to December 16, 1968, and waiver of conditions under Sec- tion 69141 of.the Municipal Code. Upon motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, the application was approved with the request that next year's application show whether the telephone solicitation is by volunteers or commercial concern. The Clerk presented an application from Coastline Chapter, United Nations Association of USA, Post Office Box 158, Corona del Mar, for youth groups under supervision to conduct house-to-house solicitation for "Trick or Treat for UNICEF" October 27 and October 31, 1968. After discussion, on motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, Councilmen Tucker and St. Clair voting No, the application was approved without the waiver of condi tions under Section 69141 of the Municipal Code. The application of Orange County Heart Association, 10+3 West Eighth Street, Santa Ana, for waiver of conditions under Section 69141 of the Municipal Code, for fund campaign, February 1 to March 2, 1969, was granted on motion by Council- man Wilson, seconded by Councilman St. Clair, and carried. The Clerk read a request from Golden West Doberman Pinscher Club, Post Office Box, 379+, Anaheim, oto sell fee -free soft drinks and packaged potato chips at the Costa Mesa Park October 27, 1968, at an Obedience and a Fun Match for Dober- man Pinschers. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the request was approved. The Clerk presented an application from Furniture Liquidators, Incorporated, 1807 Newport Avenue, Costa Mesa, for a close-out sale at the same address. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved. Close -out -Sales Councilman St. Clair requested that a study be made of close-out sales. Recess The Mayor declared a recess at 7:40 p.m. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 8:00 p.m., October 7, 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, led by the 4-H Club, and invocation by the Reverend Jerry Fogltance of Harbor Trinity Baptist Church. Roll Call Councilmen -Present: Wilson, Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: None Officials.Present: Assistant City Manager, City Attorney, City Engineer, City Clerk The Mayor was presented, by Mr. Tom McCan7.z of the Daily National Pilot Newspaper, a plaque designating him "Honorary Newsman" Newspaper Week in observance of National Newspaper Week, the week of October 6, 1968. Boys' Club Mr. Lou Yantorn of the Boys' Club of the Harbor Area intro - of the duced a Boys' Club member, Richard Riley, who presented one Harbor Area dollar to the Mayor in payment of the lease between the City of Costa Mesa and the Boys' Club. Battalion Chief Beauchamp of the Costa Mesa Fire Department presented Ilena Norton, age seven years, who was chosen "Miss Fire Safe" "Miss Fire Safe" from girls aged seven to nine years in the Costa Mesa schools, in honor of Fire Prevention Week, the week of October 6, 1968. Permit On motion by Councilman Jordan, seconded by Councilman Wilson,,and carried, Councilman St. Clair voting No, application for Business License was approved for -Joseph Ariola, 1002 Fairbrook Street, Santa Ana, to hold a one -day auction at the Orange County Fairgrounds on October 15, 1968, of domestic and imported antiques, furniture, and glassware. The Clerk presented a recommendation from the Director of Refund Streets and Parkways that the cash deposit of $100.00 be Sedley A. Young refunded to Sedley A. Young, 30+3 Samoa Place, Costa Mesa, and on motion by Councilman Jordan, seconded by Councilman Wilson, the refund was authorized by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Written On motion by Councilman Jordan, seconded by Councilman Communications Wilson, and carried, the following written communications were ordered received and filed: An invitation to attend the dedication of the Westminster Civic Center; and a letter from Estancia High Booster Club thanking the City Manager and those responsible for the extension of Estancia Drive. .Departmental On motion by Councilman Jordan, seconded by Councilman Reports Wilson, and carried, the following departmental reports were ordered received and filed: Police, August; City Treasurer, August; Traffic Engineer; Fire; Building Safety; Fiscal Progress Report of Parks Department; and Finance, for the number of non-profit permits issued during the month of September. Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 555 Wilson, Warrant Resolution 555 including Payroll Nos. 6819 and 6820 was approved by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 556 Wilson, Warrant Resolution 556 was approved by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The City Attorney presented a proposed ordinance for the regulation of public gatherings and crowd control. On Ordinance 68-37 motion by Councilman St. Clair, seconded by Councilman First Reading Jordan, Ordinance 68-37, being AN ORDINANCE OF THE CI'T'Y OF Crowd Control COSTA MESA, CALIFORNIA, RELATING TO PUBLIC GATHERINGS AND REGULATING THE SAME; RELATING TO CROWD CONTROL AND REGU- LATING THE SAPS, was given first reading and passed to Ordinance 68-37 second reading bythe following roll call vote: Continued AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT:- Councilmen: None The City Engineer recommended that the City Council authorize Contract Authorized the Engineering Department to negotiate a contract with Land Land Acquisition Acquisition Company for right -of way negotiation service for Company - Arterial Highway Financing -Project No. 455, Wilson Street Wilson Street from College Avenue to 500 feet west of Harbor Boulevard. On motion by Councilman Jordan, seconded by Councilman Wilson, authorization was granted as requested by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The City Engineer recommended that the Council grant an Steiny and Mitchel extension of 42 working days to the contract with Steiny and Contract -Extended Mitchel, Incorporated; for Arterial Highway Financing Project Placentia Avenue No. 369, Placentia Avenue intersections at 19th and Victoria Intersections Streets. On motion by Councilman Wilson, seconded by Council- man Jordan, and carried, the extension to the contract was granted. Final Tract 2789 The City Engineer presented final tract map for Tract 2789, Newport Balboa Newport Balboa Savings and Loan Association, 3366 Via Lido, Savings and Loan Newport Beach, 30 lots located between Aliso and Tustin Avenues and between East 16th Street and Lenwood Drive, together with the following: 1. Letter of credit from Newport Balboa Savings and Loan Association in the amount of $35,877.76 to guarantee faithful performance and $35,877.76 to guarantee payment for labor and material; 2. A check in the amount of $879,00; 3. A check in the amount of $104.00; 4. A check in.the amount of $12,314.99; 5• One copy of a signed agreement. On motion by Councilman St. Clair, seconded Resolution 68-66 by Councilman Jordan, Resolution,68-66, being A RESOLUTION OF - THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE MAP OF TRACT NO. 2789 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON,FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, .was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Agreement The City Engineer presented an agreement with Newport Beach City of Newport for a cooperative storm drain project extending down West - Beach cliff Drive through the Irvine Avenue intersection, with an Storm Drain extension down Irvine Avenue to Cabrillo Street. Costa Mesa's estimated cost is $36,000.00, with no payment being -required until after July 1, 1969. The total project cost is $310,000.00 with approximately $1005000.00 coming from the Orange County Flood Control District. Upon motion by Councilman St.' Clair, seconded by Councilman Wilson, 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, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Bid Call The City Engineer presented plans and specifications for Charles L. Heller the Construction of Charles L. Heller Memorial Park, bids to Memorial Park be read on November 1; 1968, at 11:00 a.m. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the plans and specifications were approved, and the City Clerk was authorized to advertise for bids. Building Permit The Clerk presented, from the meeting of September 16, 1968, Hall and Crisafulli the request from Attorney H. Jack Hall and Alfred Crisafulli for approval of a building permit to add a salesroom to existing antique shop and art display room at 369 East 17th Street, owned by J. D. Phillips, without the required land dedication for street purposes. The City Attorney said that the amount of proposed improvements to the building had been reduced in value. The Director of Building Safety said that a Building Permit had been issued for improvements totaling $1,600.00. Upon motion by Councilman Jordan, sec- onded by Councilman Pinkley, and carried, the request was ordered received and filed. V -21-66-A The Clerk presented, from the meeting of September 16, 1968, Troughton Variance V -21 -66 -Amended, approved on October 24, 1966, for Mrs. Randalin V. Troughton, 361 East 17th Street, Costa Mesa, to allow outside display, the recommendation for -revocation by the Planning Commission because the applicant has failed to comply with any of the conditions imposed on the variance. The Mayor asked if anyone were present representing the applicant. It was explained that the owner of the land, J. D. Phillips, did not wish to dedicate land for street purposes. Councilman St. Clair made a motion that the Council not revoke the permit. The motion died for lack of a second. After discussion, motion was made by Council- man Jordan, seconded by Councilman Wilson, and carried, Councilman St. Clair voting No, that the Council eliminate Condition Nos. 1 and 2, land dedication requirements; and Condition No. 5, 60 -day period in which to comply, was changed to a 30 -day period from October 7, 1968, to comply with Condition Nos. 3, sidewalks, and 4, tree planting; and a bond deposited with the City to guarantee the side- walk and driveway approaches is permissible. Building Moving 575 The Clerk presented application for Building Moving Permit 575, Lewis Richard D. Lewis; 1966 Harbor Boulevard, Costa Mesa, for permission to movea residence from 1946 Harbor Boulevard to 2176 Elden Avenue, together with the recommendation of the Planning Commission for approval subject to the following condition: _Must meet all the requirements of the Certified Recommendations from the various departments of the City of Costa Mesa, copy attached and made a part of the application. The Mayor inquired if anyone wished to speak., Upon motion by Councilman Wilson,seconded by Councilman Jordan, and carried, the application was approved subject to the recom- mendation of the Planning Commission. Set for Public On motion by Councilman Jordan, seconded by Councilman Wilson, Hearing, R-14-68 and carried, the following rezone petition was set for public Stansbury Buick hearing on -October 21, 1968, at 7:30 p.m., or as soon there- after as practicable: Rezone Petition R-14-68, Stansbury Buick, 234 East 17th Street, Costa Mesa, for permission to rezone from R2, Two Family Residential, to "P," Off -Street Parking, property at 239 Cabrillo Street. Resolution 68-67 On motion by Councilman St. Clair, seconded by Councilman Intention to Order Jordan, Resolution 68-67, being A RESOLUTION OF THE CITY Vacation of Harbor COUNCIL OF THE CITY OF COSTA MESA DECLARTI`d'G ITS INTENTION Greens Alley TO ORDER THE.VACATION OF A CERTAIN ALLEY Ia\IOWN AS THE Resolution 68-67 HARBOR GREENS ALLEY IN THE FAIRVIEW TRACT IN THE CITY OF Continued COSTA MESA, was adopted by the following roll call vote: .AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None. (Sets public hearing for November 4, 1968) Set for Public On motion by Councilman Wilson, seconded by Councilman Hearing St. Clair, and carried, the following was set for public Amendment to Master hearing at the meeting of October 21, 1968, at 7:30 p.m.,. Plan of Highways or as soon thereafter as practicable: Second Amendment to the Second Phase of the Costa Mesa Comprehensive Long Range General Plan (Master Plan of Highways). -Right of Way Deeds On 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: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET - 9 -11-68 Frank P. and Alfred A. Borchard; Harbor Alice A. Fussell; and Barbara E. Volker Boulevard 9-19-68 Spiller -Van Galder Investment Company Virginia Place 9-23-68 Richard V. Jordan Shalimar Drive 10-1-68 Richard V. Jordan Park Drive 10-2-68 Costa Mesa County Water District Monrovia and 16th 10-2-68 Clarence J. Sketch Park Drive 10-3-68 Sandra L. and Richard A. Sewell Orange Avenue 10-3-68 Virginia.A. and Malcolm Cutler East 17th Street V-7-68 The -Clerk presented application for Variance V-7-68, held Whyte over from the meeting of June 3, 1968, awaiting the State' Highway study, application of Robert W. 1,Thyte, 600 South Bay Front, Balboa Island, and also recommendation from the Planning Director that the application be returned to the Planning Commission for a review and final recommendation. On motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the application was ordered returned to the Planning Commission as requested. V-47-68 The Clerk presented application for Variance -V-47-68, de 1a Cuesta Reginald D. de la Cuesta, 36990 Highway 74, Hemet, California, for permission to construct 17 units on 23,502.5 square feet . of land area (one unit per 1,382.5 square feet) in an R2 and Cl zone at 222 Avocado Street, and to encroach 10 feet into required 20 -foot front yard setback measured from the front property line, together with the recommendation of the Planning Commission for denial. The applicant spoke from the floor explaining the project. The Mayor inquired if anyone wished to speak. After discussion, upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, Councilman Jordan abstaining, the application was denied. V-51-68 Application for Variance V-51-68, Robert M. Blackburn, Blackburn 866 Darrell Street, Costa Mesa, for permission to encroach 2.5 feet into required 20 -foot rear yard setback in an Rl zone addition of a family room at that address, was presented together with the recommendation of the Planning Commission C -5o-65 The Clerk read a request from George Tintle, Carter Outdoor Carter Outdoor Advertising Company, to appeal the Council's decision of Advertising September 16, 1968, and requesting that the Council rehear application for Conditional Use Permit C-50-65 on November 4, 1968. Upon motion by Councilman Jordan, seconded by Council- man Wilson, and carried, Councilman Pinkley voting No, the Council granted the request for rehearing. C-57-68 The Clerk presented application for Conditional Use Permit V-51-68, Blackburn, for approval. The Mayor asked if anyone objected to the Continued application. Upon motion by Councilman St. Clair, seconded by Councilman Wilson, and carried, the application was approved. V-53-68 Application for Variance V-53-68, Roy C. Gustafson, 4138 Patrice Gustafson Road, Newport Beach, for permission to construct a five -unit apartment complex in addition to existing four units, making a total of nine units on 18,000 square feet of land area (one unit per 2,000 square feet) and to permit a 15 -foot rear yard encroachment into 25 -foot rear yard setback and a 2 -foot wing of this L-shaped apartment complex in an R2 zone at C-58-68 674 West 18th Street, was presented together with the Lyons and Cashion recommendation of the Planning Commission for denial. The applicant spoke from the floor. The following persons objected to the overcrowding: Mr. Charles Kimbrough, 680 West 18th Street; Mr. Jack Brooks, 672 West 18th Street; Mrs. Phillips, 674 West 18th Street. After discussion, upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was returned to the Planning Commission for study allowing three units or less. C-25-68 The Clerk presented application for Conditional Use Permit Pope C-25-68, Edker Pope, 2733 Shell Street, Corona del Mar, for permission to exceed the maximum permissible building height for construction of an 87 -room motor hotel (per Section 9293.2 of Division XII of the Municipal Code) not to exceed four stories in height at 145 East 19th Street in a Cl zone, together with 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, copy attached and made a part of the application. The Clerk read a petition objecting to the proposed motor hotel signed by 35 residents representing 24 property owners in the immediate vicinity. The following spoke objecting to the proposed motor hotel: Mr. Don Smallwood, 1918 Kornat Drive; Mrs. H. J. Wood, 212 Flower Street. The Mayor said that a request had been received from the applicant to hold over the application because he was not able to be present because of illness. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the application was held over to the meeting of October 21, 1968, and the Clerk was requested to send out notices to property owners in the zone of influence notifying when the application would be heard. C -5o-65 The Clerk read a request from George Tintle, Carter Outdoor Carter Outdoor Advertising Company, to appeal the Council's decision of Advertising September 16, 1968, and requesting that the Council rehear application for Conditional Use Permit C-50-65 on November 4, 1968. Upon motion by Councilman Jordan, seconded by Council- man Wilson, and carried, Councilman Pinkley voting No, the Council granted the request for rehearing. C-57-68 The Clerk presented application for Conditional Use Permit International C-57-68, International Mini Shops, 1588 Gilbreth Road; Mini Shops Burlingame, California, for permission to install and operate a mini -shop building providing the services of film develop- ing, sale of cut and artificial flowers, and key making, in a C2 zone on the. southwest corner of 19th Street and Harbor Boulevard (Mesa Plaza Shopping Center), together with the recommendation of the Planning Commission for denial. The applicant was not present. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was denied. C-58-68 The Clerk presented application for Conditional Use Permit Lyons and Cashion C-58-68, Phillip N. Lyons and John L. Cashion, 1617 Westcliff Drive, Newport Beach, for permission to exceed the maximum 1 C-58-68, Lyons and permissible building height at 425 Merrimac Way in an R4 -CP Cashion, Continued zone, allowing the construction of a 123 -unit apartment complex, not to exceed three stories, per Section 9290.2(+) of the Municipal Code, as per plans attached to and made a part of the application. The -Clerk read the recommendation of the Planning Commission for approval. The Mayor inquired if anyone wished to be heard. No one desiring to speak, motion for approval was made by Councilman Wilson, seconded by Councilman Jordan, and carried. C-59-68 The Clerk presented application for Conditional Use Permit Stansbury Buick C-59-68, Stansbury Buick, 234 East 17th Street, Costa Mesa, for permission to use R2 lot (proposed "P" zone) at 239 Cabrillo Street for display of new automobiles in con- junction with the Buick Agency, together with the recommenda- tion of the Planning Commission for denial. The Clerk read letters objecting to the proposed use of the land from: Lawrence C. Moore, 218 Cabrillo Street; Herman and Kathryn Taylor, 226 Cabrillo Street; Frank J. McKean, 231 Cabrillo Street; William A. Kanold, 230 Cabrillo Street; Mr. and Mrs. Eustance C. Thomas, 222 Cabrillo Street; George R. Allingham, 217 Cabrillo Street. The following spoke in objection to the proposed use of the land: Harold Brownell; 246 Cabrillo Street; D. M: Baumus, 215 Cabrillo Street; Jim Hayden, 234 Cabrillo Street. No one else desiring to speak, and after discussion by the Council, on motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the application was held over to the meeting of October 21, 1968. C-70-67 The Clerk presented from the meeting of September 16, 1968, Humble Oil application for Conditional Use Permit C-70-67, Humble Oil and Refining Company, Post Office Box 1254, Orange, for permission to use Cl -CP zoned property for the construction and operation of a service station on the northwest corner of Newport Boulevard and Baker Street, together with the recommendation of the Planning Commission for approval sub- ject to the following condition: Must meet CP requirements. The Clerk read a request that the application be held over to the Council meeting of October 21, 1968, from the appli- cant's representative. Mr. Francis X. Shoen, the owner of the property, spoke to the Council requesting that the application be granted under the. old service station require- ments because his application was filed November 13, 1967. The Council asked Mr. Shoen if he wanted the application approved subject to the list of conditions, and the applicant would be able to come back to the Council and object to those conditions that were unacceptable to him. Mr. Shoen answered No. Upon motion by Councilman St. Clair, seconded by Council- man Jordan, and carried, the application was held over for two weeks. The Assistant City Manager said that the Traffic Commission had recommended speed zoning on the recently constructed Placentia Avenue extension. Upon motion by Councilman Ordinance 68-38 Jordan, seconded by Councilman Wilson,.Ordinance 68-38, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Speed on Placentia AMENDING SECTION 3.16.1 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO ESTABLISH SPEED LIMITS ON PLACENTIA AVENUE, PLACENTIA AVENUE EXTENSION, AND ESTANCIA. DRIVE IN THE CITY OF COSTA MESA, was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None On motion by Councilman Wilson, seconded by Councilman Rosemary Dianne Jordan, and carried, live entertainment permit for a go-go Richards dancer at Little Big "0," 1943 Placentia Avenue, Rosemary Dianne Richards, was approved Councilman Wilson said that he and Councilman Jordan had been working with the City of Newport Beach and their committee and believed there would be harmony between the two Cities on the routing of the freeway. He read a prepared resolution. Upon motion by Councilman Wilson, Resolution 68-68 seconded by Councilman St. Clair, Resolution 68-68, being Realignment of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Newport Freeway CALIFORNIA, RELATING TO THE REALIGNMENT OF THE NEWPORT BEACH FREEWAY FROM BAY STREET ON THE NORTH TO THE ADOPTED ROUTE 1 1 1 1 The Assistant City Manager requested that an advance of Warrant Authorized $200.00 be authorized for expenses for Director of Public Director of Works, George Madsen, to attend the Public Works Congress Public Works in Miami, Florida, October 19 through October 24, 1968. Upon motion by Councilman Wilson, seconded by Councilman Jordan, the advance was authorized by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Assistant City Manager requested authorization to purchase a tape recording reproducer, explaining there was Communications only one source from which to purchase the needed equip - Department ment for the Communications Department. Upon motion by Purchase Councilman Jordan, seconded by Councilman St. Clair, the Council authorized the purchase in the amount of $2,470.00 by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Assistant City Manager said that a request had'been received from the Director of Finance to support H. R. 18371, introduced in the House of Representatives by Congressman Wilbur D. Mills. Director of Finance, Robert A. Oman, explained that the Revenue and Expenditure Control Act of 1968 failed to provide clear definition of industrial develop - Minute Resolution ment bonds or differentiate them from ordinary municipal Supporting purposes obligations, which has resulted in threat to the H. R. 18371 tax exempt status of municipal bonds. H. R. 18371 is a bill Municipal Bonds designed to amend the Internal Revenue Code of _195+, clearly distinguishing between municipal bonds and industrial development bonds. This is important to preserve the integrity of bonds issued for public purposes such as parks, libraries, sanitation and flood control purposes, and other related municipal services. After discussion, upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the Council went on record in support of H. R. 18371, and the above minute resolution was ordered sent to Congressman James B. Utt requesting his support in the passage of the bill, and also to Senators Kuchel and Murphy, and to Chairman_ Russel B. Long of the Senate Finance Committee. Live Entertainment Permits On motion by Councilman Wilson,.seconded by Councilman Virgil P. Beckham Jordan, and carried, the following applications for live Gerard F. Belisle entertainment permits for musicians at The Happening, Spencer T. Earnshaw 780 West 19th Street, were approved: Virgil Paul Beckham; Dave B. Garland Gerard Francis Belisle; Spencer,Talbot Earnshaw; and Dave Benton Garland. On motion by Councilman Wilson, seconded by Councilman Rosemary Dianne Jordan, and carried, live entertainment permit for a go-go Richards dancer at Little Big "0," 1943 Placentia Avenue, Rosemary Dianne Richards, was approved Councilman Wilson said that he and Councilman Jordan had been working with the City of Newport Beach and their committee and believed there would be harmony between the two Cities on the routing of the freeway. He read a prepared resolution. Upon motion by Councilman Wilson, Resolution 68-68 seconded by Councilman St. Clair, Resolution 68-68, being Realignment of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Newport Freeway CALIFORNIA, RELATING TO THE REALIGNMENT OF THE NEWPORT BEACH FREEWAY FROM BAY STREET ON THE NORTH TO THE ADOPTED ROUTE 1 1 1 1 Resolution 68-68 ON THE SOUTH, EXPRESSING NO OBJECTION TO THE REOPENING OF Realignment of HEARINGS ON SAID ROUTE, AND URGING THE.ADOPTION OF PLAN tf4-D" Newport Freeway AS THE PROPOSED INTERCHANGE IN THE EVENT OF A REALIGNMENT Continued OF THE NEWPORT BEACH FREZUAT DOWN SUPERIOR AVENUE AND MAKING OTHER PROVISIONS IN CONNECTION THEREWITH, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Oral Communications The Mayor asked if anyone would like to speak on any item Loud Music at that was not on the agenda: Mr. Scott Lemons, 408 Ford Road, Pier 11 Costa Mesa, said that the loud music from Pier 11 was still causing him to lose sleep. He presented a petition with 68 signatures requesting the City to determine whether Pier 11 is a public nuisance because of excessive noise. The City Attorney said that this was referred to him and the Chief of Police for investigation and report from an earlier meeting, and that a report would be ready for the meeting of October 21, 1968. Adjournment On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the meeting was adjourned at 10:30 p.m. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa