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HomeMy WebLinkAbout02/03/1969 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 3, 1969 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., February 3, 1969, 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: Tucker, St. Clair, Jordan, Pinkley Councilmen Absent: Wilson Officials Present: City Manager, City Attorney, City Engineer, City Clerk Minutes Upon motion by Councilman Tucker, seconded by Councilman January 20, 1969 St. Clair, and carried, the minutes of the regular meeting of January 20, 1969, were approved as distributed and posted. Ordinance 69-1 On motion by Councilman Jordan, seconded by Councilman Adopted St. Clair, Ordinance 69-1, being AN ORDINANCE OF THE CITY Zone Exception COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Permit CERTAIN SECTIONS OF THE LAND USE ORDINANCE TO CONFORM WITH THE ZONE EXCEPTION PERMIT PROVISIONS ADOPTED BY THE CITY COUNCIL OF THE CITY OF COSTA MESA AND GENERALLY PROVIDING FOR UNIFORMITY IN TERMINOLOGY IN THE LAND USE ORDINANCE, was adopted by the following'roll call vote AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Ordinance 69-2 On motion by Councilman Tucker, seconded by Councilman Adopted Jordan, Ordinance 69-2, being AN ORDINANCE OF THE CITY Setback on Harbor COUNCIL OF THE CITY OF COSTA MESA AMENDING DISTRICT MAP B-6 OF SAID CITY TO ESTABLISH A MINIMUM BUILDING SETBACK OF 68 FEET FROM THE CENTER LINE OF HARBOR BOULEVARD FOR A DISTANCE OF 200.14 FEET SOUTHERLY OF THE CENTER LINE OF ADAMS AVENUE ON THE WESTERLY SIDE OF HARBOR BOULEVARD,,was adopted by the following roll call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Parking Removal on The City Clerk read a report from the Acting Traffic Red Hill Avenue Engineer regarding the prohibition of parking on the west curb of Red Hill Avenue from the San Diego Freeway to north of Palisades Road, as requested at the meeting of January 20, 1969. Upon motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the report was held over pending the appointment of the new Traffic Engineer. Bid Item 111 The Clerk read the recommendation of the Purchasing Agent Fire Hose that Bid Item 111, The Furnishing of 1,600 Feet of Three - Awarded Inch Fire Hose, held over from the meeting of November 4; 1968, be awarded to the American Rubber Manufacturing Company at $1.75 per foot, the lowest responsible bidder best meeting specifications. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, the bid of 1 1 Bid Item 111 American Rubber Manufacturing Company in the amount of Continued $1.75 per foot was accepted, and the contract was awarded by the following roll call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Written The City Clerk read a letter from Assemblyman John V. Briggs Communications regarding the dissolution of the Harbor District. Upon motion by Councilman Tucker, seconded by Councilman Jordan, and carried, the letter was referred to the City Attorney for study and report at the meeting of Febraury 17, 1969. Building Moving The Clerk presented a letter from John Leonhardt, 2065 Nos. 572 and 573 Charle Street, Costa Mesa, requesting the deletion of Leonhardt certain conditions imposed in connection with Building Moving Permit Nos. 572 and 573. After discussion, Councilman St. Clair moved that the request be granted for deletion of Condition No. 2, tree.planting compatible with the area; Condition No. 3, sidewalks to be constructed of Portland Cement concrete per City of Costa Mesa standard plans, at the applicant's expense, and Condition No. 4, concrete driveway approaches to be constructed of Portland Cement concrete from the curb to the property line, per City -of Costa Mesa standard plans. The motion was seconded by Councilman Pinkley. Councilman St. Clair suggested that conditions on Certified Recommendations be written to have a specified time of completion to avoid misunderstandings on when these requirements should be completed. Councilman Tucker then asked that the motion be withdrawn to permit further study of the situation, and, after withdrawal of the motion and second, on motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, Councilman Jordan abstaining, the request was held over to the meeting of February 17th. The City Clerk presented the following communications: a resolution from the City of Orange regarding restricting sale of obscene material to persons under eighteen years of age; resolution from the City of Newport Beach regarding dissolution of the Orange County Harbor District; report from Division of Highways regarding California freeways; "Stamp Out Smog" Orange County, sponsoring.a briefing session in conjunction with National Air Pollution Control; Resolution from City of Tustin urging congressional hearings in Southern California on narcotics traffic between Mexico and California; resolution from City of Newport Beach urging voter approval of school bonds at the election February 11, 1969; resolutions from cities of Daly City and Indio urging new legislation to revise existing assessing and taxing of real property; letter from Transportation Association of Southern California regarding a joint meeting with Southern California Association of Governments; from the State of California notice of intention to relinquish highway right of way between Bristol Street and Fairview Road Relinquish- ment No. 641; notice from the Division of Highways regarding public hearing relative to the proposed location of Route.. 55, the Newport Freeway, from Bay Street to the adopted Route 1 Freeway in Newport Beach; a letter from the Costa Mesa Junior Chamber of Commerce regarding fireworks permits; application from the Department of Alcoholic Beverage Control for an on -sale beer license transfer from Robert E. Gray to William J. and Harriett A. Stopnik, 11883 Lyndora, Norwalk, at The Station House Beer Tavern, 625 West 19th Street, Costa Mesa; a letter from the Planning Department going on record as protesting to the Department of Alcoholic Beverage Control a new application for Doyle M. Founds, 113 Monte Vista Street, for an original on -sale beer license at the Little Big Horn, at that address.. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the communi- cations were received and filed. Permits The Clerk presented applications of Oberndorfer Enterprises, Incorporated, 1976 Newport Boulevard, for three pool tables and a yearly dance license at Pier 11, 1976 Newport Boulevard. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the applications were approved. The application from City of Hope - A National Medical Center, 208 West 8th Street, Los Angeles, for fund campaign by door- . to -door volunteer solicitation, June 8, 1969, to June 15, 1969, was granted with Section 691+-1 waived on motion by Councilman Jordan, seconded by Councilman St..Clair, and carried. The application from American Cancer Society -Orange County Branch, 18356 East 4th Street, Tustin, for fund campaign by envelopes being passed from neighbor to neighbor, April 1 through June 1, 1969, was granted with Section 691+-1 waived on motion by Councilman Jordan, seconded by Councilman St. Clair, and carried. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the request of the Costa Mesa - Orange Coast Lions Club, 596 Park Drive, Costa Mesa, for a circus on April 29, 1969 at the Orange County Fairgrounds was approved subject to the approval of the Police and Fire Departments, and one-half of the business license fee was waived because it is a charitable, non-profit organization. Lions Club Upon motion by Councilman Jordan, seconded by Councilman Fish Fry Tucker, and carried, the request of the Lions Club, Post Office Box 628, Costa Mesa, to conduct its annual Fish Fry and Carnival at the Costa Mesa Park, on June 6, 7 and 8, 1969, was approved. Street Banners Upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the request of the Lions Club to place banners from May 1, 1969, to June 9, 1969, at 17th Street and Orange Avenue, and at Baker Street and Fairview Road to advertise the Annual Fish Fry and Carnival was approved subject to the approval of the Street Department. Refund Olivos The Clerk presented recommendation from the Director of Finance for refund on an advance payment for fire standby service for Louis Olivos, 502 West Jenkins, Santa Ana, in the amount of $2+.60. Upon motion by Councilman Jordan, seconded by St. Clair, the refund was authorized by the following roll call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Departmental On motion by Councilman Jordan, seconded by Councilman Tucker, Reports and carried, the following departmental reports were received and filed: Fire; and Finance., for the number of non-profit permits issued during January. Warrant Resolution On motion by Councilman Jordan, seconded by Councilman Tucker, 567 Warrant Resolution No. 567 including Payroll No. 6902 was approved by the following roll call vote: AYES: Councilmen: 'Tucker,, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Warrant On motion by Councilman Tucker, seconded by Councilman Resolution -568 Jordan, Warrant Resolution No. 568 was approved by the following roll.call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Ordinance 69-3 On motion by Councilman Jordan, seconded by Councilman First Reading Tucker, Ordinance 69-3, being AN ORDINANCE OF THE CITY Zone Exception COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CERTAIN SECTIONS TO THE ZONE EXCEPTION PERMIT ORDINANCE PROVIDING FOR FEES, was given first reading and passed to second reading by the following roll call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Minute Resolution On motion by Councilman Jordan, seconded by Councilman Health and Safety Tucker, and carried, the Council adopted a minute resolution Code notifying the Department of Housing and Community Develop - went of the State of California that the City of Costa Mesa has and is enforcing local ordinances prescribing minimum standards equal to or greater than certain provisions of Division 13, California Health and Safety Code. Change Order No. 3 The City Engineer presented Change Order No. 3, for Construction Placentia Avenue -of Placentia Avenue Intersections at Victoria Street and 19th Intersections Street, an increase of $350.07. Upon motion by Councilman Tucker, seconded by Councilman St. Clair, Change'Order No. 3 was approved by the following roll call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Notice of Completion The City Engineer said that the Construction of Placentia Placentia'Avenue Avenue Intersections at Victoria Street and 19th Street Intersections had been completed by Steiny and Mitchel, Incorporated. He recommended that the Notice of Completion be filed and bonds be released according to City procedure. Upon motion by Councilman -Jordan, seconded by Councilman Tucker, and carried, the work was accepted, the bonds released according to. City procedure, and the City Clerk was directed to file Notice of Completion with the County by the following roll call vote: - AYES: Councilmen: .Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Final Map of The City Engineer presented final map for Tract 6613, located Tract 6613 at the northwest corner of Gisler Avenue and California Street, Apollo Development Apollo Development Corporation, 110+ East 17th Street, Santa Ana, together with a check in the amount of $1,72+.39; three copies of signed agreement; Performance Bond in the amount of $41,830.00; Labor and Material Bond in the amount of $41,830.00; and Monument Bond in the amount of $300.00. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, Resolution 69-8 Resolution 69-8, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE MAP OF TRACT NO. 6613 AND ACCEPTING THE STREETS PIVD 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: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Final Map of Tract The*City Engineer presented final map for Tract 6693, 62 No. 6693 ' lots adjacent to the San Diego Freeway and Santa Ana'River, Apollo Development north of Iowa Street, Apollo Development Corporation, 110+ East 17th Street, Santa Ana, together with a check in the amount of $8,415.79; three copies of signed agreement; Performance Bond in the amount of $153,400.00; Labor and Material Bona in the amount of $153,400.00; and Monument Bond in the amount of $900.00. Upon motion by Councilman Resolution 69-9 Jordan, seconded by Councilman St. Clair, Resolution 69-9, being A RESOLUTION OF THE CITY COUNCIL•OF THE CITY -OF COSTA MESA, CALIFORNIA, APPROVING THE MAP OF TRACT N0. 6693 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: 11 AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Agreement The City Engineer presented an agreement between the City Safeway Stores of Costa Mesa, and Safeway Stores, Incorporated, providing that upon demand of the City at such time as underground utilities for street lighting are feasible, it will pay to the City the sum of $2,125.00 to be used to pay for under - grounding the street light installation as required by the City. Upon motion by Councilman Jordan, seconded by Councilman Tucker, 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: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Street Lights on The City Engineer recommended that street lights be Newport Boulevard installed on Newport Boulevard Frontage Road from 23rd From 23rd to Street to Del Mar Avenue. He said that the Edison Company Del Mar would install the street lights at no cost to the property owners or the City. Upon motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the City Engineer was granted permission to request the Edison Company to have the street lights installed. Bids Opened The Clerk said that bids had been opened on January 31, Bid Item 118. 1969, at 11:00 a.m. for Bid Item 118, Various Fire Fire Fighting Fighting Equipment. Reference is hereby made to the bids Equipment on file with the City Clerk for all details as to unit prices. The Clerk read the Recommendation from the Purchasing Agent for award of the contracts as follows: Western Fire Equipment Company, Items 4, 13, 22, 23, 24, .26, 32, 34, totaling $2,360.05; Albro Fire Equipment Company, Items 1, 2, 5, 6, 9, 10, 11, 12, 15, and 21, totaling $466.10; Wardlaw Fire Equipment Company, Items 14, 16, 17, 18, 19, 27, 30, and 33, totaling $1,291.05; and Halprin Supply Company, Items 3, 7, 8, 20, 25 and 31, totaling $655.20. On motion by Councilman St. Clair, Awarded seconded by Councilman Jordan, and carried, the contracts were awarded as recommended by the Purchasing Agent by the following roll call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson 1 1 1 Bids Opened The Clerk said that bids had been opened on January 31, 1969, Bid Item 119 at 11:00 a.m. for Bid_Item 119, for the furnishing of one Automobile 1969 model, 4 -door sedan. The following bids were received: NAME AMOUNT TERMS Theodore Robins Ford $2,434.29 45-60 days, cash, 30 days McPeek Plymouth Center, Inc. 2,550.00 40-60 days, No discount Connell Chevrolet 2,56+.80 45 days; Net, 10 days University Sales and Service 2,966.21 32 days, 1% discount, 20 days Al Roberts Chrysler -Plymouth 2,600.00 4o-60 days, No discount Awarded The Clerk read the recommendation of the Purchasing Agent that the bid of Theodore Robins Ford in the amount of $2,434.29 be accepted as the lowest responsible bid meeting specifications. Upon motion by'Councilman St. Clair, seconded by Councilman Tucker, the contract was awarded to Theodore Robins Ford by the following roll -call vote: AYES: Councilmen:. Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Set for On motion by Councilman Jordan, seconded by Councilman St. Clair, Public Hearing and carried, the following Rezone Petition R-1-69 was set for public hearing at the Council meeting of February.17, 1969, at 7:30 p.m., or as soon thereafter as practicable: R-1-69 1. Rezone Petition R-1-69, Lydia V. Perez, 2099 Placentia Perez Avenue, Costa Mesa, for permission to rezone property at that -address from M1 to. R4. Right of Way Deeds On motion by Councilman Jordan, seconded by Councilman St. Clair, the following right of way deeds were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson DATE NAME FOR STREET 1-17-69 -Pacific Southwest Realty Company Wilson Street 1-29-69 Barbara A. Crusha Orange Avenue Quitclaim Deeds On motion by Councilman Jordan, seconded by Councilman St. Clair, the following Quitclaim Deeds were approved and the Mayor and City Clerk authorized to sign on behalf of the City of Costa Mesa by the following roll call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson DATE NAME FOR STREET 2-4-69 Kenneth R. and Thelma L. Yeaw Costa Mesa Street 2-4-69 George L. and Nancy Caldwell Costa Mesa Street Ordinance 69-4 On motion by Councilman Jordan, seconded by Councilman Tucker, First reading Ordinance 69-41, being AN ORDINANCE OF THE CITY COUNCIL OF THE Room Tax CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A UNIFORM TRANSIENT OCCUPANCY TAX, was given first reading by title only and passed to second reading by the following roll call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson Recess The Mayor declared a recess at 7:15 P.M. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:35 p.m., February 3, 1969, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor followed by the Pledge of Allegiance led by the Boy Scouts and invocation by the Reverend James C. Ledgerwood of the First Methodist Church. Roll Call Councilmen Present: Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: Wilson Officials Present: City Manager, City Attorney, City Engineer, City Clerk Proclamation Mayor Pinkley read a proclamation designating the week of Boy Scout Week February 7 through February 13, 1969, as Boy Scout Week. Tom Baum of the Boy Scouts introduced.Boy Scout Leaders Frank Mahoney and Jack Nettle who were in the audience accompanied by some of the boys in their troops. The Scouts presented the Councilmen, City Manager, City Attorney, City Engineer, and City Clerk with Boy Scout Century Pins. Resolution 69-10 Mrs. John W. Oliver, 3077 Yukon Avenue, Costa Mesa, spoke to Endorsing Cookies the Council and audience requesting the help of interested to Viet Nam groups to bake, package, and mail cookies to the armed Project forces in Viet Nam. On motion by Councilman Tucker, seconded by Councilman Pinkley, Resolution 69-10, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ENDORSING AND APPROVING A PROPOSED PLANT TO SEND COOKIES TO SERVICEMEN IN VIET NAM, was adopted by the following roll call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson United Fund The City Manager presented trophies to department heads of the City of Costa Mesa whose departments had a one hundred percent participation in the United Fund drive. Firemen's Bill Raymer of the Costa Mesa Fire Department passed to the Benevolent Council copies of Bylaws and Articles of Incorporation for Association the Firemen's Benevolent Association of Costa Mesa. The Mayor said the Council would read the information handed them. Public Hearing The Mayor announced that this was the time and the place set Abatement of for the continued public hearing for the abatement of a Public Nuisance, public nuisance, property located at 286 and 288 Victoria Gardner Street, owned by Paul Gardner, 3025 Donnybrook Lane, Costa Mesa. Mr. Dean Dorris of the Costa Mesa Building Safety Department reported to the Council conditions in violation of City codes. The Council reviewed photographs showing the condition of the property. Chief Neth reported on the number of cases logged in the record needing the services of the Police Department. Galvin H. Keene, attorney representing the applicant, requested that the Council not consider the number of Police calls because the number of Police calls had nothing to do with structural defect. Mr. Keene cross- examined Mr. Dean Dorris and Chief Neth. Mr. Dorris said that no building, plumbing, or electrical permits had been taken out for repairs to bring the buildings up to code. Mr. Gardner said that he had not made any electrical, plumbing, roof, or foundation repairs, and he had not in- stalled vents for gas heaters. He said that he had repaired screens, crawl holes, and had installed a vent over a kitchen stove. No one else desiring to speak, the Mayor declared the hearing closed. After discussion, upon motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the 1 1 1 1 1 Public Hearing property at 286 and 288 Victoria Street was declared a public Continued nuisance, and the owner was ordered to demolish or to commence and continue restoration to bring the buildings up to code within a 30 -day period, as set forth in Section 92102.2 of the Municipal Code. Tentative Tract The Clerk presented Tentative Map of Tract 6508, F. B. Roane, 6508 17931 Beach Boulevard, Huntington Beach, for permission to F. B. Roane divide a portion of Lot 1, Tract 456, into 50 residential lots, located east of Newport Boulevard, south of Palisades Road: Planning Commission recommended approval subject to the require- ments of the City Engineer dated January 24, 1969 and subject to the.requirements of the Director of Planning dated January 27, 1969. The Mayor asked if anyone wished to speak. No one wishing to speak, upon motion by Councilman Jordan, seconded by Councilman Tucker, and carried, Tentative Map of Tract 6508 was approved subject to the recommendation of the Planning Commission.. Resolution 69-11 On motion by Councilman St. Clair, seconded by Councilman Temporary Street Jordan, Resolution 69-11, being A RESOLUTION OF THE CITY Connection to COUNCIL OF THE CITY OF COSTA MESA REQUESTING THE -CALIFORNIA Newport HIGHWAY COMMISSION TO PERMIT AN AT -GRADE TEMPORARY STREET CONNECTION TO THE EAST SIDE OF NEWPORT BOULEVARD SOUTH OF PALISADES ROAD, was adopted by the following roll call vote: AYES: Councilmen: Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: Wilson V-2-69_ Application for Variance V-2-69, Mary Lou McCarty, 29+9 McCarty Pemba Drive, Costa Mesa, for permission to allow a 20 -foot encroachment into required 25 -foot rear yard setback to allow the addition of two bedrooms, two bathrooms, one sitting room and a double garage and the conversion of the existing garage to a rumpus room, at that address in an Rl zone, was presented. The Clerk read the recommendation of the Planning Commission for denial without prejudice. The Clerk said that he had a petition in opposition to the granting of the application signed by 30 homeowners and another petition signed by 11 homeowners in favor of granting the application. The following spoke in favor of -granting the application: Mr. Katerndahl, 3176 Sicily Avenue; Mrs. Joyce Siever, 1714 Oahu Place; Mr. William M. Taggert, applicant's father, 29+9 Pemba Drive; and Mary Lou McCarty, applicant. The following spoke in opposition to granting the application: Mr. Donald E. Smallwood, 1981 Kornat Drive: Mr. W. Ogden, 2936 Pemba Drive; Mr. Ralph Jarvis, 2963 Mindanao; and Mr. J. Wolff, 2975 Mindanao. Mr. Glenn Armstrong explained deed restrictions of the area. After discussion; Councilman Tucker made a motion to hold over the application to the meeting of February 17, 1969. The motion died for lack of a second. Councilman St. Clair made a motion for the approval of the application subject to the conditions of the various City departments and without the gas and the wet bar. The motion was seconded by Councilman Jordan, and failed to carry by the following roll call vote: AYES: Councilmen: Jordan, St. Clair NOES: Councilmen: Pinkley, Tucker ABSENT: Councilmen: Wilson On motion by Councilman Tucker, seconded by Councilman Pinkley, and carried, the application was designated to be on the agenda for the Council meeting of February 17, 1969, at 7:30 p.m., or as soon thereafter as practicable. v-62-68 Application for Variance V-62-68 was presented from the Simakis meeting of January 20, 1969, for James S. Simakis, 141 Melody Lane, Costa Mesa, for permission to construct 5 units on 9,307.5 square feet of land area (one unit per 1,861.5 square feet of land area) with the following variations: (a) 15 -foot encroachment into required front yard setback of 50 feet from the center line of Melody Lane; (b_) 0 -foot setback on rear and both sides for a detached garage with an apartment over the garage; (c) a 10 -foot driveway instead of - the required 20 -foot; and (d) four open parking spaces instead of the required five, at 143 Melody Lane in an R2 zone. The Clerk read the recommendation of the Planning Commission for approval of four apartments only, eliminating the apartment over the garage in Building No. 1 subject to the following condition: 1. Shall meet all the requirements as outlined in the Certified Recommendations, copy attached to and made a part of the application. Mr. Clarence Hall, 370 - West 4th Street, Tustin, spoke representing the applicant. No one else desiring to speak, motion was made by Councilman Jordan for approval for four units only subject to the recommendation of the Planning Commission. The motion was seconded by Councilman Tucker, and carried, Councilman St. Clair voting No. V-.68-68 Application for Variance v-68-68, Glenn B. Gossett, 2195 Gossett Miner Street, Costa Mesa, for permission to convert at that address, an existing 3 -bedroom and an existing 4 -bedroom apartment into two 2 -bedroom apartments and three bachelor apartments, making a total of 8 apartment units on 16,107 square feet of land area (one unit per 2,013 square feet - plus) in an R2 zone, where five units are permitted, was presented. The Clerk read a request from the applicant for a two-week delay for hearing the application. Upon motion .by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was held over to the meeting of February 17, 1969, as requested by the applicant. v-1-69 Application for Variance V-1-69 was presented for Sinclair Sinclair Paint Paint Company and/or Al Sinclair, 3960 Washington Boulevard, Los Angeles, for,permission to construct a Sinclair Paint Store comprised of 3,275 Square feet retail and 3,900 square feet of storage and warehouse, with a total of 7,175 square feet of building area, allowing a reduction of 16 parking spaces in lieu of,storage area and permitting off-site parking for five employees at 1901 Harbor Boulevard in a C2 zone. The Clerk read the recommendation of the Planning Commission for approval subject to the following condition: Shall meet all the requirements of the Certified Recommendations of the various departments of the City of Costa Mesa, copy attached to and made a part of the application. The Clerk read a report from the Director of Public Works regarding parking bays on Harbor Boulevard. The Mayor asked if anyone wished to speak. Ray Salmi of Salmi and Hackenberry Architects, 450 East Chapman Avenue, Orange, spoke representing the applicant, objecting to Condition No. 22 on the list of Certified Recommendations, that curb, gutter, and pavement be moved back 10 feet on Harbor Boulevard and 'vilest 19th Street including street lights and traffic signal at applicant's expense. Harvey Somers, 230 East 17th Street, Costa Mesa, owner of property in the immediate area, spoke to the Council saying there is a parking shortage in the area of West 19th Street and Harbor Boulevard, and he requested that the Council deny the application. Attorney James Rourke, 900 North Broadway, Santa Ana, representing Sam Cavallaro, owner of the property immediately to the north of the applicant's property, spoke about the reduced number v-1-69 of parking spaces and asked that the proposed building be Continued required to be set back on Harbor Boulevard the same as the other adjoining buildings. A petition was handed to the Council signed by 36 property owners and tenants objecting. to any reduction of on-site parking space below those re- quired by the ordinance and failure of the proposed building to be set back in line with adjacent buildings on Harbor Boulevard. Mr. Al Sinclair, applicant, spoke from the floor urging approval of the application. Mr. Kenneth Tate, Civil Engineer for the applicant, passed a photograph to the Council showing parking in the area. Mr. Walter Stanley, owner of buildings at 518 and 520 West 19th Street, spoke about the shortage of parking spaces and opposed the granting of the application because of that reason. After discussion, upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved.subject to the recom- mendation of the Planning Commission except that Condition No. 22 on the list of Certified Recommendations was deleted. C-65-67 Application for Conditional Use Permit C-65-67, Circle Chemical Circle Chemical Company, 940 West 17th Street, Costa Mesa, for permission to Company install necessary equipment and manufacture polyester resin in an existing manufacturing building at 1937 Placentia Avenue in an M1 zone, was presented together with the recom- mendation of the Planning Commission for denial without prejudice. Upon motion by Councilman Jordan, seconded by Councilman St..Clair, and carried, the application was denied without prejudice. C-39-68 The Clerk presented application for Conditional Use Permit Metro California C-39-68, for Metro California Business Enterprises,.(A Business Partnership) Malcolm Cobrink and Frank V. Bianchini, 2950 Enterprises Harbor Boulevard, Costa Mesa, for permission for the develop- ment and installation of an automatic automobile. laundry and gasoline dispensing facilities in a Cl zone on the west side of Fairview Road, beginning 200 feet south of the center line of Baker Street, together with the recommendation of the Planning Commission for withdrawal at the applicant's request. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was withdrawn as requested by the applicant. C-1-69 The Clerk read a request from Paul Brecht, 1989 Harbor Paul Brecht Orchid Boulevard, Costa Mesa, requesting deletion of Condition Company No. 6 on Conditional Use Permit C-1-69, installation of residential sidewalks including concrete driveway approach from the curb to the property line, at owner's expense, under the direction of the City Engineer. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, Councilman Tucker voting No, Condition No. 6 on Conditional Use Permit C-1-69 was deleted:. ZE-1-69 The Clerk presented Zone Exception Request ZE-i-69, Phillip Mellott K. Mellott, 2169 Miner Street, Costa Mesa, for permission to encroach 20 feet into,the required 25 -foot rear yard setback for the construction of a single residence (one-story) at that address in an R2 zone, together with the recommendation of the Planning Commission for approval subject to the follow- ing special requirement: 1. Shall meet all the requirements as outlined on 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. The Mayor asked if anyone objected to the application, and no one wishing to speak, motion was made by Councilman Jordan, seconded by Councilman St. Clair, and carried, for approval of the application subject to the recommendation of the Planning Commission. ZE-2-69 The Clerk presented Zone Exceptiorf'Request ZE-2-69 fore Dallam James Preston Dallam, 1862 Placentia Avenue, Costa Mesa`;"`.' for permission to use Administrative and Professional Zoned property at'that address for residential purposes in addition to that of a music school studio, together with the r6com-. of the Planning Commission for approval subject _mendation to the following special requirement: Shall meet all the requirements as outlined on the Certified Recommendations - from the various City departments, copy attached to and made a part of the application. The Clerk read a report from the Police Department indicating no reason for denial of the application. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved subject to the recommendation of the Planning Commission. ZE-3-69 The Clerk presented Zone Exception Request ZE-3-69 for Myron Burke Lloyd Burke, 5600-1/2 Second Street, Long Beach, for permission to repair musical instruments and to conduct group music practice in an Ml zone at 193+ Placentia Avenue (occupancy not to exceed ten persons at any one time), and he reported there was no recommendation from the Planning Commission. The Clerk read a favorable report from the Police Department. The Clerk read that there is no objection to noise made from amplified instruments from the following places,of business: Quilter Amp., 1930 Placentia Avenue; Play Pen, 1932 Placentia Avenue; Browning Silaflex, 1919 Placentia Avenue; Little Big "0", 19+3 Placentia Avenue; Holden Surfboards, 19+0 Placentia Avenue. The City Attorney said that as the ordinance is written the application cannot be approved unless it is for a manufacturing use. The Planning Commission is in the process of making recommendation to the Council for allowable uses. Upon motion by Councilman Tucker, seconded by Councilman Jordan, the application was held over to the meeting of March 3, 1969. City Employees' The City Manager reported to the Council that pursuant to Association the provisions of the Personnel Ordinance, the City Recognized Manager's Office had recognized the Costa Mesa City Employees' Association as representative of the enumerated classified employees. Oral Communications There were no oral communications, Adjournment Upon motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the meeting was adjourned at 11:30 p.m. Mayor of the City of Cost Mesa ATTEST: City Clerk of the City of Costa Mesa 11