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HomeMy WebLinkAbout12/02/1968 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 2, 1968 PART I The City Clerk presented for second reading and adoption Ordinance 68-43 Ordinance 68-43, entitled AN ORDINANCE OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF R-16-68 LOT NO. 107, TRACT 300, FROM Rl TO Rl-CP. On motion by Councilman Jordan, seconded by Councilman Wilson, Ordinance 68-43 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, St. Clair, Tucker NOES: Councilmen: None ABSENT: Councilmen: None The City Council of the City of Costa Mesa, California, met in regular session at 6:30 December 2, 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, Pinkley Councilmen Absent None Officials. -Present Assistant City lVanager, City Attorney, City Engineer, City Clerk Minutes Upon motion by Councilman St. Clair, seconded by Councilman November 18, 1968 Tucker., and carried, the minutes of the regular meeting of November 18, 1968, were approved as amended. Air California Dudley F. Miller, of Air California, spoke regarding the Civil Aeronautics Board Pacific Northwest -California Service Investigation, where Orange County Airport service to Portland and Seattle is an issue. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the City Attorney was directed to intervene in the case on behalf_ of the City. The City Clerk presented for second reading and adoption Ordinance 68-41 Ordinance 68-41, entitled AN ORDINANCE OF THE:CITY COUNCIL Adopted -OF THE CITY OF COSTA MESA, CALIFORNIA, CONSOLIDATED DIVISIONS Variances and XVIII AND XIX RELATING TO VARIANCES AND CONDITIONAL USE PERMITS;, Conditional Use MAKING CERTAIN FINDINGS WITH RESPECT TO THE NECESSITY THEREOF: Permits REPEALING CERTAIN SECTIONS OF THE LAND USE ORDINANCE AND CREATING AND ADOPTING PROCEDURES FOR A ZONE EXCEPTION PERMIT. On motion by Councilman Jordan, seconded by Councilman Wilson, Ordinance 68-41 was read by title only and adopted by roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-42 The City Clerk presented for second reading and adoption Adopted Ordinance 68-42, entitled AN ORDINANCE OF THE CITY COUNCIL Trailers and OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING CERTAIN Trailer Parks PORTIONS OF CHAPTER VIII, ARTICLE 6 aF THE.COSTA MESA MUNICIPAL CODES RELATING TO TRAILERS AND TRAILER PARKS. On motion by Councilman Wilson, seconded by Councilman Jordan, Ordinance 68-42 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The City Clerk presented for second reading and adoption Ordinance 68-43 Ordinance 68-43, entitled AN ORDINANCE OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF R-16-68 LOT NO. 107, TRACT 300, FROM Rl TO Rl-CP. On motion by Councilman Jordan, seconded by Councilman Wilson, Ordinance 68-43 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, St. Clair, Tucker NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-44 The City Clerk presented for second reading and adoption Adopted Ordinance 68-44, entitled AN ORDINANCE OF THE CITY COUNCIL Uniform Building OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING BY REFERENCE Code THE 1967 EDITION OF THE UNIFORM BUILDING CODE, VOLUME I, INCLUDING THE APPENDIX THERETO, AND ADOPTING MODIFICATIONS AND AMENDMENTS TO SAID 1967 EDITION OF THE UNIFORM BUILDING CODE. On motion by Councilman Jordan, seconded by Councilman Wilson, Ordinance 68-44 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-45 The City Clerk presented for second reading and adoption Adopted Ordinance 68-45, entitled AN ORDINANCE OF THE CITY COUNCIL Mechanical Code OF THE CITY OF CDSTA MESA, CALIFORNIA, ADOPTING BY REFERENCE THE 1967 EDITION OF THE UNIFORM BUILDING CODE, VOLUME II, KNOWN AS THE "UNIFORM MECHANICAL CODE", INCLUDING THE APPENDIX THERETO, AND ADOPTING MODIFICATIONS AND AMENDMENTS TO THE SAID 1967 EDITION OF THE "UNIFORM MECHANICAL CODE." On motion by Councilman Jordan, seconded by Councilman Wilson, Ordinance 68-45 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-46' The City Clerk presented for second reading and adoption Adopted , Ordinance 68-46, entitled AN ORDINANCE OF THE CITY COUNCIL Housing Code OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING BY REFERENCE THE 1967 EDITION OF THE UNIFORM BUILDING CODE, VOLUME III, KNOWN AS THE "HOUSING CODE" INCLUDING THE APPENDIX THERETO, AND ADOPTING MODIFICATIONS AND AMENDMENTS TO THE SAID.1967 EDITION OF THE "HOUSING CODE". On motion by Councilman -Jordan, seconded:by Councilman Wilson, Ordinance 68-46 was read:by title only and adopted by the following roll call vote:, AYES: Councilmen: Jordan, Wilson, Tucker, St. Clair,__ Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-47 The City Clerk presented for second reading and adoption Adopted Ordinance 68-47, entitled AN ORDINANCE OF THE CITY COUNCIL Uniform Wiring OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE 1968 Code EDITION OF THE UNIFORM WIRING CODE WITH AMENDMENTS FOR THE CITY OF COSTA MESA. On motion by Councilman Jcr dan, seconded by Councilman Wilson, Ordinance 68-47 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Tucker, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 68-48 The City Clerk presented for second reading and adoption Adopted Ordinance 68-48, entitled AN ORDINANCE OF THE CITY OF COSTA Uniform Plumbing MESA, CALIFORNIA, ADOPTING BY REFERENCE THE 1967 EDITION OF Code THE UNIFORM PLUMBING CODE INCLUDING THE APPENDICES THERETO, AND ADOPTING MODIFICATIONS AND AMENDMENTS TO SAID 1967 EDITION OF THE UNIFORM PLUMBING CODE. On motion by Council- man Jordan, seconded by Councilman Wilson, Ordinance 68-48 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Tucker, Pinkley, St. Clair NOES: Councilmen: None - ABSENT: Councilmen: None i 1 t Written The City Clerk presented the following communications: Communications Invitation from the Municipal Court of Harbor Judicial District to.the installation ceremony of J. E. T. Rutter II as Judge of the Orange County Harbor Judicial District; letters from: the City of Cypress, Senator Murphy's office, John Sweeney, Assistant Secretary for Public Affairs; and the City of San, Clemente, acknowledg- ing receipt of resolution opposing the proposed cutback in the use of highway trust funds for highway projects; Notice of hearing from Assembly Committee on Transportation planning and finance in California; Resolution from the City of Brea, regarding respect for law and order and civil - obedience; County of Orange Road Department, regarding refuse disposal facilities during the -holidays; Order of dismissalifrom the Public Utilities Commission of.the State of California regarding Skybus; A resolution from the City of Upland regarding the closing of the Mexican border to American minors. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the communica- tions were received and filed. Alcoholic The following copies of applications to the Department of Beverage Control Alcoholic Beverage.Control for licenses were presented: License transfer from Catherine M. and Wilbur J. Jett to Donald W. Anderson and the Southland Corporation, Post Office Box 698, La Mesa, f or'an on -sale beer and wine license at 7 -Eleven, 488 East 17th Street. License transf er from Neil C..and Colleen Lym, to Curtis A. and Virginia L. Herberts, 2949 Cliff Drive, Newport Beach, for a retail,off-sale general license at Harbor Liquor, .1927 Harbor Boulevard.. New application for Bill Haskins Enterprises, 1910 West 15th Street, Santa Ana, for an off -.sale beer and wine license at Briny Bill's, 295 East _17th Street: License transf er from Esther E. and Richard A. Lawrence, to W and K Bars, Incorporated, for a 1147" on -sale general eating place license at Dick',s Horseshoe Bar, 2394 Newport Boulevard. New application for Walter Matthews Tatum, Jr., 2280 Newport Boulevard, Costa Mesa, for an on -sale beer license at the Sarong at the same address. New on -sale general license for Maurice R. and Shirley May Houle, 632 West 17th Street, Costa _Mesa, at.the Mesa Club, same address. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the applications were ordered received and filed. The City Clerk presented a Resolution of the Board of Supervisors.of Orange County recommending formation of an ad Orange County hoc committee to formulate a clear statement of the functions Board of of an Airport_Land Use Commission and requesting that they Supervisors be advised of such determination.. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the resolution was referred .to the Chamber of Commerce for action on their.part to form the committee from their aviation committee with report back to the Council of action taken. Upon motion by Councilman Jordan, seconded by Councilman Tucker, and carried, a letter from Martin Le Van, 562 Sturgeon Drive, Costa Mesa, regarding the area at Paularino and Luding- ton was ref erred to.the Planning Department for consideration in connection . with plans for that .area . Richard Lewis The City Clerk_ presented a,communication from the Director of Building Moving Finance'regarding Building Moving Permit 567 and substitution 567 by Richard Lewis of a performance bond in lieu of the existing cash bond. A letter from the Director of Building Safety opposing this substitution was read. Richard Lewis spoke from Richard Lewis the floor. After discussion, upon motion by Councilman . Building Moving Jordan, seconded by Councilman Tucker, and carried, the.sub- 567 stitution was denied, and Mr. Lewis was referred to the Continued Planning Department to work out his proposed changes in building moving. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the application for Certificate of Public Convenience and Necessity from Schaef er's Ambulance Service, 2227 South Bristol Street, Santa Ana, was set for public hearing at the meeting of December 16, 1968, at 7:30 p.m., or as soon thereafter as practicable. Permits Upon motion by Councilman Jordan, seconded by Councilman Set for Public Wilson, and carried, the application for Certificate of Hearing Public Convenience and Necessity from Schaef er's Ambulance Schaef er's Ambulance Service, 2227 South Bristol Street, Santa Ana, was set for public hearing at the.meeting of December 16,:1968, at 7:30 p.m., or as soon thereafter as practicable. The Clerk presented an application from Newport Harbor Area Y's Men's Club, 114 East 23rd Street, Costa Mesa, for a Christmas tree lot at 450 East 17th Street, Upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the application was approved. . The Clerk presented an application from -Model Airplane Trade Show,_Post.Office Box 127, Midway City,- for show and exhibition at the Orange -County Fair Grounds, January 11 and 12, 1969. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the application was approved. " The Clerk presented an application from Boys Enterprise, Post Office Box 43182, La Tigera Station, Los Angeles, for candy sales by door-to-door solicitors, December 14th and December 21st, 1968, and January 4th and January 11th, 1969. Upon motion by Councilman Jordan, seconded by Councilman St. Clair,.and carried, the application was approved subject to sales during.daylight hours only. Refund On motion by Councilman.Jordan, seconded by Councilman St. Schaulis Glair, refund in the amount of $3.50 on Plumbing Permit 5364 was granted to Steve Schaulis, 2556 Santa Ana Avenue, Costa Mesa,.b'y the following roll call vote: AYES: Councilmen: St. Clair, Jordan, Tucker, Wilson, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Refund On motion by Councilman Jordan, seconded by Councilman St. Atlas Greater Shows Clair, refund in -the amount of $50.00 on Business License 3532 was denied to Atlas Greater Shows, Division of Atlas Amusement. Enterprises,_Inconporated, 3825 Stevely Avenue, Long Beach 8, by the -following roll call vote: AYES: Councilmen:. Jordan, St. Clair, Wilson., Pinkley, Tucker NOES:. Councilmen: None ABSENT: Councilmen: None The City Clerk read a request from the Seventh -day Adventist Church, 271 Avocado Street, Costa Mesa, to sing Christmas carols in the residential areas of the city beginning on December 3 through 24, 1968. Upon motion by Councilman Wilson, 'seconded by Councilman Tucker, and carried, the request was approved. Departmental On motion by Councilman Wilson, seconded by Councilman -St. Reports Clair, and carried, the following departmental reports were received and filed: Building Safety; -Fire; Traffic Engineer; Finance, and non-profit permits issued during November. Warrant Resolu- On motion by Councilman Wilson, seconded by Councilman Jordan, tion 561 Warrant Resolution Number 561 including Payroll No. 6824 was i Warrant was approved by the following roll call vote: Resolution 561 AYES: Councilmen: Wilson, Jordan, Tucker, St. Clair, Continued Pinkley- NOES: Councilmen: -None ABSENT: Councilmen: None On motion.by Councilman Wilson, seconded by Councilman Jordan, Warrant . Warrant Resolution -No. 562 was approved by the following roll Resolution 562 call vote: AYES: Councilmen:- Wilson,'Jordan, Tucker, St. Clair, - Pinkley NOES: Councilmen: None ABSENT: Councilmen: None -Proposed The City Attorney presented a proposed ordinance providing for Ordinance.- r-egulation of "dlosing-out" sales.. After discussion, upon Closing -Out motion by Councilman Pinkley,. seconded by Councilman Wilson, Sales and•carried,'the proposed ordinance was referred to the Chamber Aeronautics of Commerce for study•. Ordinance 68-49 The City Attorney presented a proposed ordinance regarding First Reading precautionary measure -to be taken for swimming pools. After SwimmingPools discussion, on.motion by Councilman Jordan, seconded by Council- man St. Clair., Ordinance 68-49, entitled AN ORDINANCE OF THE CITY COUNTGIL, OF.:! THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO PRECAUTIONARY MEASURE TO BE TAKEN FOR SWIMMING POOLS AND MAKING PROVISIONS FOR SAME, was given first reading as amended and passed.to secondzeading by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Recess The Mayor declared a recess at 7:20 p.m. : PART II _ The City Council of the City of Costa Mesa, California, continued its regular session at 7:35 p.m., December 2, 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 Anthony McGowan of St. John the Baptist Catholic Church. Roll Call Councilmen Present: Councilmen Absent : Officials Present : Wilson, Tucker, Pinkley, Jordan, St. Clair None Assistant :City Manager, City Attorney, City Engineer, City Clerk Proclamation The Mayor read a proclamation proclaiming the week of Youth Civic Week December 2, through December 9, 1968, as "Youth Civic Week,; and asked students representing Costa Mesa and Estancia High Schools in the audience to stand and said they would be guests of the City Staff one day this week, each student being assigned to -a department head for a full day, for the purpose of acquainting students with the workings of City government.. Written The Clerk read a letter just received from Mr. and Mrs. Patrick Communication Shepard, 2908 Silver Lane, Newport Beach,opposing any action taken by the Council to send a delegate to the Civil Aeronautics Civil Board in Washington, D. C. The Mayor explained that earlier Aeronautics during Part I of the meeting this had been discussed, and Board that by sending a delegate, it did not indicate approval or disapproval of the route from Orange County. Upon motion by Councilman Pinkley, seconded by Councilman Tucker, and carried, the Clerk was directed to<"answer the letter ex- plaining that if the -Council sent no delegate, there would be no opportunity to approve or protest any action taken by the Civil Aeronautic Board. Public Hearing The Mayor announced that this was the .time and the place_ Proposed Aband- set for the continued -public hearing from the meeting of onment Alley at November 18, 1968, for the proposed abandonment of alley, Peterson Place Affiliated Properties, Incorporated, 8100 Garden Grove Boulevard, Garden Grove, located at 2700 Peterson Place, extending from Peterson Place to Adams Avenue through the Harbor Greens Apartment development. The Clerk said that he had received word requesting continuance again to the next meeting. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the public hearing was continued to the meeting of December 16, 1968. Public Hearing The Mayor announced that this was the time and the place Intention to Sell set for public hearing regarding the intention to sell or or Trade City trade City of Costa Mesa owned property located in the general Property area of the San Diego Freeway and Harbor Boulevard. The Clerk said that the posting and publication of notice to trade had been completed in -accordance with Section 37423 of the Government Code. He said that no written communications had been received. The Mayor inquired if anyone wished to speak for or against the proposed sale or trade of the property_. No one desiring to speak, the Mayor closed the public hearing. Up -on motion by Councilman Wilson, seconded by Councilman. Resolution 68-83 Jordan, Resolution 68-83, bring A RESOLUTION OF THE CITY Approving Trade COUNCIL OF THE CITY OF COSTA MESA,CALIFORNIA, RELATING TO THE TRADE OF CERTAIN CITY PROPERTY, FINDING THE NECESSITY FOR THE SAME, OVERRULING PROTESTS AND APPROVING TH& TRADE OF SAID PROPERTY, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Tucker NOES: Councilmen: None ABSENT: Councilmen: None. The Mayor announced that this was the time and the place Public Hearing set for the public hearing on Country Club No. 2 Annexation. Country Club The Clerk said that it had been duly advertised, the property - No. 2 owners notified, and no communications had been received. Annexation The Mayor inquired if anyone wished to speak. No one de- siring to speak, the Mayor closed the public hearing. Upon motion by Councilman.Wilson, seconded by Councilman Tucker, Resolution 68-84 Resolution 68-84,'.being A RESOLUTION OF THE CITY COUNCIL OF Finding No THE CITY OF COSTA MESA, CALIFORNIA, FINDING NO PROTESTS TO .Protests THE ANNEXATION OF COUNTRY CLUB NUMBER 2, was given .second reading and adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Wilson, seconded by Councilman Ordinance 68-50 Jordan, Ordinance 68-50, being AN ORDINANCE OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ANNEXATION Approving OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF Country Club COSTA MESA IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS No. 2 Annexation "COUNTRY CLUB NO. 2", was given first reading and passed to second reading by the following rollcall vote: AYES: Councilmen: Jordan, Wilson, Tucker, Pinkley, St: Clair NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and the place R-15-68 set for public hearing for Rezone Petition R-15-68, Costa Mesa Planning Commission, to rezone property located between Talbert Avenue and the San Diego Freeway east of the Santa Ana River from M1 to Ml -CP. The Clerk reported that the Planning Commission recommended approval, and no written communications had been received. The Mayor inquired if anyone wished to speak. No one desiring to speak, the Mayor closed the public il 1 1 1 R-15-68 hearing. Upon motion by Councilman Tucker, seconded Continued by Councilman St. Clair, Ordinance 68-51, being AN ORDINANCEOF THE CITY COUNCIL'OF THE CITY OF COSTA Ordinance 68-51 MESA CHANGING THE ZONING OF A PORTION OF SECTION 33, TOWN- SHIP 5, SOUTH, RANGE l0 WEST, FROM Ml TO M1 -CP, was given - first reading and passed to second reading by the following roll call vote:` AYES: Councilmen: Tucker, St. Clair, Pinkley, Jordan, Wilson NOES: Councilmen: None ABSENT: Councilmen: None The Mayor announced that this was the time and place set Public Hearing for public hearing on Rezone Petition R-17-68, Helen R. R-17-68 Robertson Robertson, 333 East Bayfront, Balboa .Island, for permission to rezone property located on the .south side of Victoria Street, west of Harbor Boulevard, 187 feet from the center line of Harbor Boulevard. The .Clerk said that the Planning Commission had recommended approval.. The Clerk read two letters addressed to the Planning Commission opposing any zone change. The Mayor inquired if anyone wished to speak. Mr. Dale Ingram, 3364 Hoyt, El Monte, spoke to the Council representing the applicant..- Mr. Jay Walker, 2383 College Drive, Costa Mesa, spoke to the Council opposing increased density. No one else desiring to speak, the Mayor closed the public hearing. Upon motion by Councilman Wilson, seconded by Councilman Jordan, Ordinance 68-52, being AN Ordinance`68-52 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA First Reading CHANGING THE ZONING OF THE EASTERLY 348.00 FEET OF LOT 11, TRACT NO. 345, FROM R2 TO R4 -CP, was given first reading and passed .to 'second reading by the following roll call voter AYES: Councilmen: St. Clair, Pihkley, Jordan, Wilson NOES: -Councilmen: Tucker ABSENT.: Councilmen: None The Mayor announced that this was the time and the place Public Hearing. set for public hearing on Rezone Petition R-18-68,. Rodeway .Rodeway Inns Inns_of America, Post Office Box 1392, Phoenix, Arizona, of America for permission to rezone property located on the southwest corner of Redhill Avenue and Palisades Road from R2 to Cl -CP. The Clerk said that the Planning Commission recommended- approval,.and no written communications had been received. The Mayor inquired if anyone wished to speak. No one.desiring to speak, the Mayor closed the public hearing. Upon motion by Councilman Wilson, seconded by Councilman Jordan,.,Ordinance Ordinance 68-53 68-53, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF First Reading COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 149, IRVINE SUBDIVISION,aFROM Rl TO Cl -CP, was given.first reading and passed to second reading by the following roll call vote: AYES: Councilmen: St. Clair, Pinkley, Jordan, Tucker, Wilson NOES: Councilmen: None ABSENT: Councilmen:, None The Mayor,announced that this was the time and the place set Public Hearing. for the.public hearing for Rezone Petition R-19-68, Costa Mesa R-19-68 Planning Commission, to.rezone property located between.the San Diego Freeway and Sunflower -Avenue, westerly of Smalley Road, From Al to Rl. The Clerk said.that the Planning Commission - had recommended approval,,and no written communications had been received. The Mayor inquired if anyone wished.to speak. No one desiring to.speak, the Mayor closed the public hearing. Upon motion by Councilman Wilson, seconded by Councilman Ordinance 68-54 Tucker, Ordinance 68-54, being AN ORDINANCE OF THE.CITY COUNCIL First Reading OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A CERTAIN AREA;BETWEEN THE SAN DIEGO FREEWAY'AND SUNFLOWER AVINUE, WEST- ERLY OF SMALLEY ROAD, FROM Al TO Rl, was given first reading and passed to -second reading by the following roll call vote: AYES: Councilmen: Pinkley, Wilson, Jordan, Tucker, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None On motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the recommendation of the Traffic Establishing Commission for establishing a 35 -mile -per -hour speed Speed Limit on limit on Country Club Drive from Mesa Verde Drive to Country Club Drive Gisler Avenue was held over to the meeting of December 16, 1868. Bids Opened The Clerk said that bids were opened on November 29, 1968,_ Bid Item 115 for Bid Item 115, One 1969 Model, Four -Door, Six -Passenger, Sedan Hard -top Sedan. The following bid was received: NAME i AMOUNT University Oldsmobile $4,955.18 1%, 20 days 2,000.00 trade-in allowance The -Assistant City Manager said that six automobile: -sales Awarded agencies were contacted to submit bids, and only one bid was received. Councilman St. Clair said he was going to vote No because only one bid was received. On motion by Councilman Wilson, seconded by Councilman Jordan, the contract was awarded to University Oldsmobile according to the bid submitted by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Tucker, Pinkley NOES: Councilmen: St..:Clair ABSENT: Councilmen; None Proposed Resolution Councilman Wilson made a motion bo adopt the proposed Basic Wage Scale resolution adopting Basic Wage Scale for 1969, and after discussion, he withdrew his motion. Upon motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the proposed resolution was held over to the meeting of December 16, 1968. Councilman Jordan On motion by Councilman Pinkley, seconded by Councilman Reappointed to Wilson, and carried, Councilman Jordan abstaining. Council - Mosquito Abatement man Jordan was reappointed for a two-year term on the Board Orange County,,Mosquito Abatement District Board, term of office to end December 31, 1970. Agreement, Water The Clerk presented the agreement between the City of Costa Agreement The City Engineer presented an agreement, held over from R. D. Woodside the meeting of November 18, 1968, with R. D. Woodside Assignment to Park Consulting Engineer and Associates, for the services Master Drainage necessary to prepare a master drainage study for the area Study within the city limits of Costa Mesa. Upon motion by .. Councilman Jordan, seconded by Councilman Wilson, the agreement was approved and the Mayor and City Clerk auth- orized to sign on behalf of the City of Costa Mesa by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Tucker,, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Time Extension The City Engineer recommended a time extension of fifteen Steiny and Mitchel working days to the contract of Steiny and -Mitchel, In- corporated, for the project Improvement.of Placentia Avenue Intersections at Victoria Street and 19th Street. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the extension to the contract was granted. On motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the recommendation of the Traffic Establishing Commission for establishing a 35 -mile -per -hour speed Speed Limit on limit on Country Club Drive from Mesa Verde Drive to Country Club Drive Gisler Avenue was held over to the meeting of December 16, 1868. Bids Opened The Clerk said that bids were opened on November 29, 1968,_ Bid Item 115 for Bid Item 115, One 1969 Model, Four -Door, Six -Passenger, Sedan Hard -top Sedan. The following bid was received: NAME i AMOUNT University Oldsmobile $4,955.18 1%, 20 days 2,000.00 trade-in allowance The -Assistant City Manager said that six automobile: -sales Awarded agencies were contacted to submit bids, and only one bid was received. Councilman St. Clair said he was going to vote No because only one bid was received. On motion by Councilman Wilson, seconded by Councilman Jordan, the contract was awarded to University Oldsmobile according to the bid submitted by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Tucker, Pinkley NOES: Councilmen: St..:Clair ABSENT: Councilmen; None Proposed Resolution Councilman Wilson made a motion bo adopt the proposed Basic Wage Scale resolution adopting Basic Wage Scale for 1969, and after discussion, he withdrew his motion. Upon motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the proposed resolution was held over to the meeting of December 16, 1968. Councilman Jordan On motion by Councilman Pinkley, seconded by Councilman Reappointed to Wilson, and carried, Councilman Jordan abstaining. Council - Mosquito Abatement man Jordan was reappointed for a two-year term on the Board Orange County,,Mosquito Abatement District Board, term of office to end December 31, 1970. Agreement, Water The Clerk presented the agreement between the City of Costa District Mesa, the Costa Mesa County Water District, and the Costa Heller Park Mesa Park and Recreation District regarding the agreement Assignment to Park of December 21, 1966, relating to the exchange of the and Recreation Water District's real property (Heller Park) for rental in District t he -City Hall. Councilman Tucker said he wished a copy of the agreement before voting. The City Attorney gave. ex- planation of the assignment of the agreement to the Costa Mesa'Park and Recreation District, as recommended by the City auditors. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, Councilman Tucker abstaining and Councilman St. Clair voting No, the agreement was approved. 1 1 1 On motion by Councilman Wilson, seconded by Councilman Resolution 68-85 Pinkley, Resolution 68-85, being A -RESOLUTION OF THE Intention to Order CITY COUNCIL OF THE CITY OF COSTA MESA DECLARING ITS Vacation of ITENTION TO ORDER THE VACATION OF A CERTAIN PORTION OF Huntzinger HUNTZINGER AVENUE,' BEING THE UNIMPROVED LINK BETWEEN SUNFLOWER AVENUE IN COSTA MESA AND ELLIS AVENUE IN FOUNTAIN VALLEY, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Norte r Tentative Tract The Clerk presented Tentative Map of Tract 6261, Harbor 6261 . Mesa Corporation, 1840 West Imperial Highway, Los Angeles, Harbor Mesa to divide property located north of Mace Avenue, west of _... Corporation Tract 6260, east of Tract 2822, into 21 lots, together with R-20-68 the recommendation of the Planning Commission for approval subject toall the conditions as itemized in the City Engineer's letter of November 25, 1968, and the Planning - R-21-68 Harbor Boulevard Director's letter of November 25, 1968.. After discussion, Leasing and upon motion by Councilman Jordan, seconded by Councilman _ Wilson, and carried, Map of Tentative Tract 6261 was -the approved subject to the recommendation of the Planning R-22-68 Commission. On motion by Councilman Wilson, seconded by Councilman Resolution 68-85 Pinkley, Resolution 68-85, being A -RESOLUTION OF THE Intention to Order CITY COUNCIL OF THE CITY OF COSTA MESA DECLARING ITS Vacation of ITENTION TO ORDER THE VACATION OF A CERTAIN PORTION OF Huntzinger HUNTZINGER AVENUE,' BEING THE UNIMPROVED LINK BETWEEN SUNFLOWER AVENUE IN COSTA MESA AND ELLIS AVENUE IN FOUNTAIN VALLEY, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Norte On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the following Rezone Petitions R-20-68, Set for R-21-681.and R-22-68 were set for public hearing at the Public Hearing meeting of December 16, 1968, at 7:30 p.m., or as soon thereafter as practicable. R-20-68 1. Rezone Petition R-20-68, Costa Mesa Planning Commission, for permission to rezone property at 786, 788, and 790 Newton Way from C2 to Ml. - R-21-68 Harbor Boulevard 2. Rezone Petition R721-68, Harbor Boulevard Leasing Corporation and Harold T. Segerstrom, et al, 3315 Fairview Leasing and Road, Costa Mesa, for permission,to rezone property Segerstrom located.on,the south side of -Mesa Verde Drive East, be- tween Golf Course Road and Harla Avenue, from Al to R4 -CP. R-22-68 3. Rezone Petition R-22-68, Bostland Company, 1800 Avenue of B.ostland.Company the Stars, Suite 730, Los Angeles, for permission to re- zone property located between the San Diego Freeway and Gisler.Avenue,on the west side of Harbor Boulevard, from Ml to Cl -CP. Right of Way On motion by,Councilman Jordan, seconded by Councilman Tucker, Deeds the, following right of way deeds were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Jordan, Wilson, Pinkley, Tucker, St, Clair NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR 10-25-68 William J. Cagney Wilson Street 10- 7-68 Mesa Grande Corporation:- Olive Avenue 11- 7-68 Helen R.,and Charles Wilson Street Yerkey 11-12-68 Irene Salter Hardage Wilson Street 11-14-68 Mary A. and -A. J. Gisler Drainage on Talbert 11-20-68 Lupe and John M. : :.. .:Wilson Street - Cervantes 11713-68 Wilbur D. Newman Wilson Street V-63-68 Application for Variance V-63-68, Kurt G. Osler, 2379 Orange Osler Avenue, Costa Mesa, for permission to construct three units in addition to existing residence, making a total of four units on 11,183.15 square feet of land area (one unit per 2,795.79 square feet of land area) with a 15 -foot encroach- ment into the required 25 -foot rear yard setback on R2 zoned property located at that address, was presented together with v-63-68 the recommendation of the Planning Commission for Osler approval subject to the following condition: Shall Continued meet all the requirements of the Certified Recommendations of 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. No one desiring to speak, motion :for approval subject to the recommendat .on of the Planning Commission was made by Councilman Wilson, seconded by Councilman Tucker, and carried. The Clerk presented for rehearing application for Condition - C -25-68 al Use Permit C-25-68, which was denied at the meeting of October 21, 1968, for 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, not to exceed four stories in height, in a Cl zone at 145 East 19th Street . The Clerk read.a request from Edker Pope that the application be postponed pending .the right of way decision for the Newport Freeway inthe general area between Bay Street, and 17th Street: Upon motion by Councilman St. Clair, seconded by Councilman Tucker, and carried, rehearing of the application was deferred as requested by the applicant until the freeway studies are completed. C -71-67-A Application for Conditional Use Permit C -71 -67 -Amended, Gray and Fotomat William 0. Gray, 7744 East Cecilia Street, Downey, and/or Fotomat Corporation, 1435 South At Los Angeles, for permission to continue Conditional Use Permit C-71-67 to permit construction of a portable building from which to operate a drive-through photo film pickup anddelivery service and to allow an identifying 10 3/4 -inch by 12 - foot, 1 -inch sign to advertise this service in a Cl -S zone (K -Mart Center),. at 2200 Harbor Boulevard, was presented together with the recommendation of the Planning Commission for approval subject to the following condition: Shall meet all the requirements of the Certified Recommendations of the verious.City.departments, copy attached to and made a part of the application. The Clerk said that nowritten communications had been received. The Mayor asked if anyone wished to speak. Mr. Gary. Carter, 2395 College Drive, Costa Mesa, asked questions regarding the ingress and egress. After discussion, upon motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the application was approved subject to'the recommendation of the Planning Commission. C-65-68 Application for Conditional Use Permit C-65-68, Harbor , Harbor West West Medical Center and/or Melvin Shatavasky, M. D., 740, Medical Baker Street, Costa Mesa, for permission to use C1 property forresidential purposes in conjunction with the operation of a medical clinic on property located at that address, was presented 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 to and made a part of the application. The Clerk said that no written communications had been received. Dr. Shatavasky requested that the application be held over to -the next Council meeting. Upon motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the application was held over tothe meeting of December -16, 1968, as requested by the applicant. C-66-68 The application for Conditional Use Permit C-66-68, Russell Bailey R. Bailey, 10272 Pua Drive, Huntington Beach, for permission to continue to operate a health clinic and..sauna bath in an existing building at.2626 Newport Boulevard, a C2 zone, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. The applicant shall continue to meet all Fire and C-66-68 Building Department requirements, plus any other applicable Bailey city codes; 2. For a period of one year from the date in July, 1968, that Mr. Bailey has been operating the Elite Sauna Bath. Captain Moody of the Costa Mesa Police Department requested that the application be held over because of im- pending legal action against the applicant. Upon motion by Councilman Wilson, seconded by Councilman Tucker, the application was held over to January 6, 1969. C-68-68 The application for Conditional Use Permit c-68-68, John Pearcy Pearcy, 2007 Commodore Road, Newport.Beach, for permission to install and operate an automatic car wash and four gasoline dispensers in a Cl zone at 628 West 19th Street, was presented together with the recommendation of the Planning Commission for denial. The Mayor inquired if anyone wished to speak. Mr. John Pearcy spoke in support of his application and said that the conditions as listed on the Certified Recommendations were acceptable to him. After discussion, upon motion by Councilman Tucker, seconded by .., Councilman St. Clair, and carried, Councilmen Wilson and Pinkley voting No, the application was approved subject to the conditions as listed on the Certified Recommendations. C-72-68. The application for Conditional Use Permit C-72-68, Allied Allied Constructors Constructors, 71442 South Euclid Street,. Fullerton, for permission to maintain one 10 -foot by 20 -foot double -face, directional sign at 3091 Harbor Boulevard for the initial sale -and/or rental of apartments in Tract 6260, was pre- sented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. For a period of one year or when all the 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 Commission under this Conditional Use.Permit No. C-72-68 will result in automatic forfeiture of the bond and removal of the sign; .3. That the sign structure'be reinspected by the Building Department for safety purposes. Upon motion by Councilman St. Clair, seconded by Councilman Wilson, and carried, Councilman Tucker voting No, the application was approved subject to the re- commendation of the Planning Commission with the.added condition that the$200;'00 in certificate now on file with the City remain as security for Conditions 1 and 2. C-73-68 Application for Conditional Use Permit C-73-68, Fair Harbor Fair Harbor and Company, 1801 Avenue of'the Stars, Suite 605, Los Angeles, and Company for permission to construct 508 residential units on property Sydney Sher .-zoned Cl -CP and R3 -CP (1,523.74 square feet of land area per unit) at 2400 Harbor Boulevard, was presented together with the recommendation of. the Planning Commission for approval subject to the following condition: Approved subject to the 22 conditions listed under the summary of Certified Recommendations with added conditions 23 and 24, as attached to and made,a,part of the application. The Clerk said that no written communications hqd been received. The Mayor asked if anyone wished to speak. The following spoke,in opposition to the application: Charles Brady, 2449 College Drive; Dennis McMurdy, 2321 College Drive; Reed Murray, 2323 Cornell Drive; Jay Walker, 2383 College Drive; Ray Pelletier, 2442 Fordham Drive; Lucy Waughtal, 2433 College Drive; Gary Carter, 2395 College Drive; Adele Franks, 2415 College Drive; Bill Molik, 2349 Cornell Drive; Nancy Carter, 2395- 395College CollegeDrive; Glen Holsinger, 2370 College Drive; Mrs. Jones -365 Wake Forest Road. The following asked questions of the Council: Mrs. Pat Walker, 2383 College Drive; Bob Smith, 2402 College Drive; and Robert Carr, 2426 Fordham Drive. Mr. Sydney Sher, applicant, and Dr. Ring,.contractor of the proposed development, answered questions and explained the project. After lengthy discussion, upon motion by Council- man Tucker, seconded by Councilman Jordan, and carried, Councilman St. Clair voting No, the application was approved subject to the recommendation of the Planning Commission C-73-68., -- except on the list of Certified Recommendations delete Fair Harbor Conditions Nos. 13-a and 13-b, and change Condition 13-c and Company to read, "Decorative concrete masonry fence, maximum Continued 6 feet high, shall be provided along the entire easterly property line, including garages", and add Condition No. 27, "Installat,ion of a plastic card operated security gate for the purpose of allowing the tenants of the development to use the ingress and egress to the parking lot at the Harbor Shopping Center located at 2300 Harbor Boulevard." Recess At 12 midnight the Mayor declared a recess, and the meeting reconvened at 12:05 a.m. Councilman Tucker The Mayor said there -was a vacancy for City representation Los Angeles Regional at'the regular monthly meeting of the Los Angeles Regional Transportation Study Transportation Study. He appointed Councilman, George Tucker to .be the City's representative, and Councilman Tucker accepted. C-74-68 The application for Conditional Use Permit C -74 -68,.' -James Starbird N. Starbird, San Vista Building Company, 162 Lexington Lane, San Vista Building Costa Mesa, for permission to maintain a 12 -foot by 36 -foot Company double -face, temporary off-site directional sign with a 4 -foot by 36 -foot directional copy (rider) at 2401 Newport Boulevard, to direct public to first sale of homes in Tract 5160, was presented -together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. To August 19, 1969, when the applicant's time limit on his other two signs will expire; 2. A bond is to be provided in the amount of $200.00 to guarantee the removal of this sign within thirty days after expiration of the permit;. 3. Any change from that approved by the Planning Commission will result in automatic forfeiture of the bond and removal of the sign. The applicant spoke from the floor. Upon motion by Councilman -Jordan, seconded by Councilman St. Clair, and carried, .Councilmen Tucker and Pinkley voting No, the application was approved subject to the recommendation of the Planning Commission. C-75-68 Application for .Conditional Use Permit C-75-68, Candy Cane Candy Cane Pre- Pre -School and Dr. John Broe, 2700 Peterson Place, Building School .71, Costa Mesa, for permission to transfer ownership of Dr. Broe Candy Cane Pre -School from Theta Logan to Dr. John Broe to continue the pre-school with a maximum of 21 children at that address, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. For a maximum of 21 children as requested; 2. That all State and City requirements be met. The Clerk said 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 recommendation of the Planning Commission. C-76-68 Application for Conditional Use Permit C-76-68, Michael D. Kay Kay, 400 North Newport Boulevard, Newport Beach, for permission to develop Lots 1 through 7, Tentative Tract 6748, with single family homes on each lot according to the "CP" Standards at 2341 Santa Ana Venue, in an Rl-CP zone, was presented together with the recommendation of the Planning Commission for approval. Mr. Kay answered questions of. the Council. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was approved. Personnel Rules The Assistant City Manager presented the proposed Personnel and Regulations Rules and Regulations, to be considered by the Council at the meeting of December 16, 1968. Upon motion,_by Councilman Tucker, seconded by Councilman Pinkley, and carried, an executive study session was called for December 9, 1968, at 7:30 p.m., in the conference room. A copy of the Rules and Regulations is on file in the office of the City Clerk. I- I F11 Warrant Authorized On motion by Councilman Jordan, seconded by Councilman St. Clair, a warrant in the amount of $383.70 Payable to the County of Orange Tax Collector for the'1968-1969 property taxes as required by the terms of escrow for the comdemnation settlement on the property of James P. Loving, 2153 Placentia Avenue, was authorized by the following roll call vote: AYES: .Councilmen: St. Clair, Jordan, Tucker, Pinkley, Wilson NOES:._ Councilmen: None ABSENT: Councilmen: None Call for Bids -On motion by Councilman Jordan, seconded by Councilman Bid Item 117 St. Clair, call for bids for Bid Item 117, furnishing -of Vehicle Parts and vehicle parts, accessories and vehicle machine -shop Service service for City -owned equipment, bids to be opened on December 13, 1968 at 11:00 a.m. by the Clerk, was authorized by the following roll call vote:. AYES: Councilmen: Jordan, St. Clair, Tucker, Pinkl_ey,. Wilson NOES: Councilmen: None ABSENT: Councilmen: None Adjournment Upon motion by Councilman Wilson, seconded by Councilman Jordan, and .carried, the meeting•adjourned at 12:20 a.m. Mayor of the City of Costa Mes ATTEST: City C erk of the City of Costa Mesa 1