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HomeMy WebLinkAbout03/17/1969 - City Council1 1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 17, 1969 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., March 17, 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: Wilson, Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: -None Officials Present: City Manager., City Attorney, Assistant City Engineer, City Clerk - Minutes On motion by Councilman Jordan, seconded by Councilman St. March 3,'1969 Clair, and carried, the minutes of the regular meeting of March 11, 1969 March 3, 1969, and the adjourned meeting of March 11, 1969, were approved as distributed and posted. Proposed Ordinance The Clerk presented from the meeting of March 3, 1969, the Extending Zone proposed ordinance extending Zone Exception Permit author - Exception Permits ization to Industrial Zones. On motion by Councilman Wilson, to Industrial Zones seconded by Councilman Jordan, and carried, the matter was held over and is to come back on the agenda after a'study session has been held by the Council, date to be set. Fence Complaint The Clerk presented from the meeting of March 3, 1969, the fence complaint regarding the wrecking yard in the vicinity of 2099 Placentia Avenue. The City Manager said that the owner of the property had been contacted and instructed to comply with the ordinance. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the Council asked the City Manager for a progress report at the Council meeting of April 7, 1969. Ordinance 69-6 The Clerk presented from the meeting of March 3, 1969, the First Reading proposed ordinance creating, establishing, and adopting Fire Fire Zones Zones within the City of Costa Mesa. On motion by Councilman Wilson, seconded by Councilman Tucker, Ordinance 69-6, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CREATING, ESTABLISHING AND ADOPTING FIRE ZONES WITHIN THE CITY OF COSTA MESA, was given first reading by title only and passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Woodrow W. Mathews The Clerk presented a written communication from Woodrow W. Complaint of Mathews, Post Office Box 602, Twain Harte, California, owner Vandalism of Golden West Auto Center, 198+ Newport Boulevard, Costa Mesa, regarding damage to used cars on that lot next to Pier 11. Chief Neth reported that the Alcoholic Beverage Complaint of Control Board now had adopted new policies, and the Police Vandalism Department now forwards a copy of all complaints to the (Continued) Alcoholic Beverage Control Board, and they are to consider these complaints in determining whether or not to keep the bar's business license valid. On motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the Council requested the Police Chief to make a report on vandalism at 198+ Newport Boulevard and what action has been taken. Written The Clerk presented copy of application to the Alcoholic Communications Beverage Control Board from Lerner Oil Company, Incorporated, for off -sale beer and trine license at 2360 Newport Boulevard, together with a copy of a letter from the Director of Planning to the Alcoholic Beverage Control Board requesting permission to reserve the right to protest because it is unable to be determined whether or not adequate parking can be supplied. Upon motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the Director of Planning's recommendation was approved. The Clerk presented copies of applications to the Alcoholic Beverage Control Board from the following: Howard Johnson's, person-to-person transfer of an on -sale general license from E. T. Peabody, Incorporated, 2750 Harbor Boulevard, Costa Mesa, to Howard Johnson's of California, Incorporated, same address; person-to-person transfer of off -sale general license from Plavan Liquor, 1520 Baker Street, Costa Mesa, to Plavan Liquor,..a change in the officers of the company; transfer of an on -sale general license from William Benner Corporation, 2831 Bristol Street, Costa Mesa, to Peter M. Elliott, Daniel's Restaurant, same address. On motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the applications were received and filed. The'Clerk presented communications from: Local Agency Formation Commission, notifying of application for Engineer's No. 116 Annexation to the Costa Mesa Sanitary District and proposed Wakeham Avenue Annexation to the City of Santa Ana; a letter of appreciation from the Orange Coast Daily Pilot; Orange County Board of Supervisors, regarding exploratory oil drilling; City of Huntington Beach, resolution supporting Senate Bill 285. On motion by Councilman St. Clair, seconded by Councilman Wilson, and carried, the,communications were received and filed except the communication from the City of Huntington Beach was held over for study with a copy to the City Attorney for study and recommendation. The Clerk presented the following communications: Santa Ana Unified and Junior College Districts, a request for support of Assembly Bill 236, public library services; City of Newport Beach, resolution requesting the California Highway Commission revise construction schedules of Corona del Mar and Pacific Coast Freeways; Resolution from the City of Yorba Linda urging Board of Supervisors to provide a full- time staff for the Local Agency Formation Commission; City of Stanton, two resolutions urging a study of feasibility of off -shore airport. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the communications Written were received and filed except the resolution from Yorba Communications Linda regarding Local Agency Formation Commission full-time (Continued) staff and also the two resolutions from the City of Stanton regarding off -shore airport were held over for the study session, date to be set. Complaint The Clerk read a letter from Harold L. Brownell, 246 Cabrillo Poole Buick Agency Street, Costa Mesa, regarding violations of a variance granted by the Council at 17th Street and Westminster Avenue, Poole Buick Agency. The City Manager said an investigation had been made and a representative of the Poole Buick Agency requested permission to extend the block wall across the remaining residential lots and was attempting to correct the violations. Refund The Clerk presented a recommendation from the Director of Dexter Plumbing Building Safety that refund be granted on Plumbing Permit 53311 issued to Dexter Plumbing, 2009 South Ritchey Street, Santa Ana, in the amount of $5.52. On motion by Councilman Wilson, seconded by Councilman Tucker, the refund was authorized by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Refund The recommendation of the Director of Building Safety was Newhard Construction read to refund the amount of $26.78 to Newhard Construction Company, 901 West 16th Street, Newport Beach, on Building Permit 28366. On motion by Councilman Tucker, seconded by Councilman St. Clair, the refund was granted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Refund On motion by Councilman Jordan, seconded by Councilman St. Clair, Fred Emerson of refund in the amount of $3.50 was authorized to Fred Emerson, Pacific Installers Pacific Installers, Incorporated, 7561 Anthony Avenue, Garden Grove, on Plumbing Permit 53850 as recommended by the Director of Building Safety, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Fireworks Permit The Clerk presented an application for Fireworks Permit from Hadassah. Harbor Chapter of Hadassah, 15761 Cromwell Circle, Westminster, to have a fireworks stand at the southwest corner of 19th Street and Placentia Avenue from June 28 to July 6, 1969. On motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the permit was granted subject to the City's requirements. South Coast Plaza The Clerk read a request from Werner Escher, Director of Public Antique Show Relations and Advertising; South Coast Plaza, 3333 Bristol Street, Costa Mesa, to hold an antique show. Mrs. Dee Chrysler spoke to the Council saying the show would be held in the mall from Thursday through Sunday. Upon motion by Councilman Tucker, seconded by Councilman Jordan, and carried, the request was approved for four or less days. Departmental Reports On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, Councilman St. Clair abstaining, the following and carried, the following rezone request was set for public departmental reports were ordered received and filed: Clerk, for the number of claims received since the last Council meeting; Finance; City Treasurer; Parks; Building Safety. Warrant Resolution On motion by Councilman Jordan, seconded by Councilman 573 Tucker, Warrant Resolution 573 including Payroll 6905 was approved by the follot-ring , roll call vote: for permission to rezone property at the rear of 1960 AYES: Councilmen: Wilson, Tucker, Jordan, St. Clair, Pinkley NOES: Councilmen: None District, to C2 -CP, General Commercial District, ABSENT: Councilmen: None Ordinance 69-7 The City Attorney presented a proposed ordinance for closing - First Reading out sales. Upon motion by Councilman Jordan, seconded by Closing -Out Sales Councilman Tucker, Ordinance 69-7, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING FOR THE REGULATION OF CLOSING OUT SALES AND MAKING PROVISIONS Patrice Road, Newport Beach, for permission to construct FOR FEES, PERMITS, REGULATIONS AND OTHER MATTERS IN CONNECTION THEREWITH, was given first reading by title only and passed to second reading by the following roll call vote: four units, making a total of 9 units on 18,000 square feet AYES: Councilmen: Wilson, Tucker, Jordan, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Drainage Agreement The City Attorney presented an agreement between the City and Almquist Forrest and Myrtle Almquist regarding drainage at the southeast corner of Paularino and Bristol Streets. On motion by Councilman Jordan, seconded by Councilman Wilson, the agreement was approved and the Mayor and City Clerk authorized to sign the agreement on behalf of the City by the following roll call vote: , AYES: Councilmen: Wilson, Tucker, Jordan, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Contract Extended The Assistant City Engineer requested the extension of Johnson's Landscape twelve days to the contract of Johnson's Landscape, Incor- Heller Park porated, for the construction of Charles L. Heller Memorial Park, due to inclement weather. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the extension was granted. Set For Public On motion by Councilman Jordan, seconded by Councilman Pinkley, Hearing and carried, the following rezone request was set for public hearing at the meeting of April 7, 1969, at 7:30 p.m., or as soon thereafter as practicable: R-4-69 1. Rezone Petition R-4-69, Costa Mesa Planning Commission, for permission to rezone property at the rear of 1960 and 1966 Harbor Boulevard from R2, Two Family Residential District, to C2 -CP, General Commercial District, Conditional Permit. V-53-68 Gustafson The Clerk presented application for Variance V-53-68, from the meeting of October 7, 1968, Roy C . Gustafson, 4138 Patrice Road, Newport Beach, for permission to construct a five -unit apartment complex in addition to existing four units, making a total of 9 units on 18,000 square feet V-53-68 of land area (oneunit per 2,000 square feet) and to Gustafson permit a 15 -foot rear yard encroachment into..25-foot (Continued) rear yard setback and a 2 -foot encroachment into re- quired 5 -foot side yard for a 27 -foot wing of this L- shaped,apartment complex in an R2 zone at 674 West 18th Street, together with the recommendation of the Planning Commission for withdrawal. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the application was ordered withdrawn.. Live Entertainment The Clerk presented applications for live entertainment Finnigan's Rainbow permits from the following employees from Finnigan's Sylvester J. Grove Rainbow, 171+ Placentia Avenue: 1. Sylvester J. Grove, Cary G. McConnell owner;1 2. Cary G. McConnell, manager; 3. William F. William F. Kirkham Kirkham, musician; 4. Miguel A. Rodriquez, musician; Miguel A. Rodriguez 5. Robert J. Zaricki, musician; 6. Arthur G. Perez, Robert J. Zaricki musician. Chief Neth recommended approval for all six Arthur G. Perez applicants. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the applications were approved. Finnigan's Rainbow Chief Marshall said that there was an excess over that Occupancy Violation allowed on occupancy at Finnigan's Rainbow. Chief Neth said a copy of a report showing violations was being forwarded to the Alcoholic Beverage Control Board and the report from the Fire Department could be forwarded also. 32nd Agricultural The City Manager said that due to an inadvertent clerical District error the deed from the 32nd Agricultural District for Quitclaim Deed Arlington Drive was recorded, and it is requested that a Arlington Drive quitclaim deed be approved covering this property. On motion by Councilman Wilson, seconded by Councilman Pinkley, a quitclaim deed was approved by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Emergency Purchase The City Manager said the Fire Chief had requested permission Engine for Fire Truck for the City to purchase as'an emergency measure a Commins- Diesel engine for a fire truck from a sole source supplier, Crown Coach Company, 2500 East 12th Street, Los Angeles, in the amount of $3,965.02. Upon motion by Councilman Tucker, seconded by Councilman Jordan, the emergency purchase from a sole source vendor was approved by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Call For Bids The City Manager presented specifications for Bid Item 122, Bid Item 122 One 1969 Garden Type Tractor and Attachments, bids to be Garden Tractor opened on April 4,.1969, at 11 a.m. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the specifications were approved, and the City Clerk was authorized to advertise for bids. Call For Bids The City Manager presented specifications for Bid Item 123, One Bid Item 123 Van Truck. On motion by Councilman Wilson, seconded by Van Truck Councilman Tucker, and carried, the specifications were approved and the Clerk authorized to advertise for bids to be opened April 4, 1969, at 11 a.m. Warrant Authorized The City Manager requested permission to issue an emergency Chamber of Commerce warrant in the amount of $600.00 to the Costa Mesa Chamber Directory of Commerce in payment for an ad in the Chamber of Commerce Directory which is to be published. On motion by Councilman St. Clair, seconded by Councilman Wilson, the expenditure was authorized by the following roll call vote: , AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Resolution 69-24 The City Manager said that he had received a recommendation Parking on Victoria from the Traffic Commission for parking restriction from and Irvine 6 a.m. to 6 p.m. except Sundays and holidays on Victoria Street from 300 feet west of Placentia Avenue to 300 feet west of American Avenue, and removal of parking 300 feet, more or less, either side of Pomona for provision of a left -turn lane and for prohibition of parking on the westerly curb of Irvine Avenue between 16th and 17th Streets. Mrs. Gena L. Thomas said she owned six units on Irvine Avenue and requested a loading zone in front of her property. The possibility of a parking bay was discussed. After discussion, on motion by Councilman Jordan, seconded by Councilman Tucker, Resolution 69-24, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA BMSA RESTRICTING PARKING ON A PORTION OF VICTORIA STREET AND PROHIBITING PARKING ON THE WESTERLY SIDE OF IRVINE AVENUE BEWEEN 16TH AND 17TH STREETS, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Resolution 69-25 The Clerk said that he had received from the Finance Population Estimate Department an agreement between the Finance Department of Agreement the State of California and the City of Costa Mesa for estimate of population in Costa Mesa. Upon motion by Councilman Wilson, seconded by Councilman Tucker, Resolution 69-25, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AN AGREEMENT BY AND BETWEEN THE DEPARTMENT OF FINANCE OF THE STATE OF CALIFORNIA AND THE CITY OF COSTA MESA FOR THE PREPARATION OF AN ESTIMATE OF POPULATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Recess The Mayor declared a recess at 7:20 p.m., and the meeting reconvened at 7:30 p.m. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:30 p.m., March 17, 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 to the Flag and invocation by the Reverend M. C. Cronic of First Assembly of God Church. 1 1 Councilmen Present: Wilson, Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: None Officials Present: City Manager, City Attorney, Assistant City Engineer, City Clerk Petition for John McKamey, 2651 Redlands Drive, Santa Ana, presented a Annexation petition.requesting the City to initiate proceedings to annex territory in Tract 1362, lying southwesterly of Mesa Drive, -to the City of Costa Mesa. Upon motion by Councilman Wilson, seconded by Councilman Tucker, the petition was Resolution 69-26 referred to the staff for study. Councilman Wilson presented a resolution opposing extension Opposing Extension of the runways at the Orange County Airport. On motion by of Airport Runways Councilman Wilson, seconded by Councilman Tucker, Resolution 69-26, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OPPOSING ANY EXTENSION OF THE RUNWAYS AT THE ORANGE Ordinance 69-8 COUNTY AIRPORT AND URGING THAT STEPS BE IMMEDIATELY TAKEN First Reading FOR THE DEVELOPMENT OF A REGIONAL AIRPORT TO SERVE ORANGE COUNTY, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Councilman Wilson to Councilman Tucker requested that Councilman Wilson represent Represent City's the Council at the Orange County Board of Supervisors' next Position on Airport meeting making known the Council's position. Councilman Wilson agreed that he would attend the meeting to represent the City and present Resolution 69-26. Public Hearing The Mayor announced that this was the time and the place for R-3-69 public hearing on Rezone Petition R-3-69, Costa Mesa Planning Commission, for permission to rezone property at the northwest corner of Harbor Boulevard and the San Diego Freeway from Ml, Manufacturing District, to C1 -CP, Local Business District, Conditional Permit. The Clerk read the recommendation of the Planning Commission for approval. He reported that no written communications had been received. The Mayor asked if anyone wished to speak. No one desiring to speak, the Mayor closed the public hearing. Upon motion by Councilman Jordan, Ordinance 69-8 seconded by Councilman Tucker, Ordinance 69-8, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CHANGING THE ZONING OF A CERTAIN PARCEL AT THE NORTHWEST CORNER OF HARBOR BOULEVARD AND THE SAN DIEGO FREEWAY FROM Ml TO Cl -CP, was given first reading by title only and passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, .St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and the place for Service Station the public hearing for the proposed ordinance establishing Standards service station standards. No one wishing to speak, the Mayor closed the public hearing. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, the Clerk is to place the proposed ordinance back on the agenda after the Council holds a study session, date to be set, and the Clerk was instructed to mail notice to all service stations in Costa Mesa of the date public hearing will be held. Mr. Jim Lee Martin, 5116 Flagstone Street, Long Beach, representing U -Haul Company, Arland Stafford of Arland's Gulf, 600 West 19th Street, Costa Mesa, requested permission to speak, and the Mayor reopened the public hearing. Mr. Martin passed pamphlets to the Council and said if the ordinance were adopted as written it would ban trailer rental businesses. Mr. Joseph Public Hearing Stransky, representing Western Oil and Gas Company, 609 Service Station South Grand Avenue, Los Angeles, requested to be notified Standards of the date of the public hearing for the service station (Continued) standards. The Mayor instructed the Clerk to notify Mr. Martin and Mr. Stransky of the date and time of the public hearing to be continued. The Mayor called for a vote on the motion. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES Councilmen: None ABSENT: Councilmen: None L Newport Freeway The Clerk said that the Newport Freeway recommendation to the State Division of Highways had been postponed from the adjourned meeting of March 11, 1969. The Mayor asked the Council to make their views known on the various freeway routes. Councilman Wilson made a motion that a new route to the east of Newport Boulevard that had not been yet considered be submitted to the State Highway Commission. He passed a map to the Council containing the new suggested route. The map was posted for the audience to view. The City Manager said that he received word from the State Division of Highways that if a new route were submitted for consideration, it would mean a minimum of nine months and probably one year being taken up by studies, public hearings, etc. The motion died for lack of a second. Councilman Jordan said he was not in favor of the new route proposed by Councilman Wilson but was in favor of the Red Route. Councilman St. Clair was not in favor of considering the new route Councilman Wilson proposed but was in favor of the Red S-7 Route to take a path missing the J. C. Carter Company. Councilman Tucker was in favor of the Red S-7 Route. Mayor Pinkley said that the proposed route by Councilman Wilson had merit, but he was reluctant to face a year's delay or maybe two years of indecision on where the freeway route was going to go. Councilman Jordan made a motion seconded by Councilman Tucker, that the Council go on record as adopting the Red Route with the following conditions: 1. That the City's Engineering Department work with the State Division of Highways on the design of additional on and off ramps; 2. That the J. C. Carter Company be saved by moving the freeway slightly north; 3. That it be adopted with the understanding that the S -4-D interchange with the adopted Coastal Route be the one used with the Red Route. Councilman Wilson said that there should be some conditions put into the motion such as air rights, Harbor interchange, east -west surface connections with 15th, 16th, 18th, and 19th Streets. After discussion the Council agreed that recommendations would be offered by the City Engineering Department letting the Highway Commission knots exactly what the Council desires, and that within a number of days the Council would forward to the Highway Commission a number of conditions that the Council wishes the Highway Commission to consider. The motion carried by the following roll call vote: AYES: Councilmen: Tucker, Jordan, St. Clair NOES: Councilmen: Wilson, Pinkley ABSENT: Councilmen: None Newport Freeway Councilman Wilson moved that the vote be unanimous in favor Red Route Unanimous of the Red Route and the attached conditions. The motion was seconded by Councilman Pinkley, and carried by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None 1 1 Redevelopment of On motion by Councilman Wilson, seconded by Councilman Jordan, Old Shopping Sections and carried, the Council went on record as being in favor of in Costa Mesa extending a helping hand to the merchants along Newport Boulevard in the old section of Costa Mesa and elsewhere for redevelopment. Recess At 9:10 p.m. the Mayor declared a recess, and the meeting reconvened at 9:20 p.m. Agreement On motion by Councilman Wilson, seconded by Councilman Tucker, Fountain Valley the agreement between the City of Costa Mesa and the City of Use of Pistol Range Fountain Valley for the use of the Costa Mesa pistol range by the Fountain Valley policemen was approved by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Resolution 69-27 On motion by Councilman Wilson, seconded by Councilman Tucker, Weed Abatement Resolution 69-27, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DETERMINING AND'DECLARING THAT WEEDS WHICH BEAR SEEDS OF DOWNY OR WINGY NATURE AND WEEDS WHICH ATTAIN SUCH A LARGE GROWTH AS TO BECOME A FIRE NUISANCE WHEN DRY AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR DANGEROUS ARE GROWING UPON CERTAIN STREETS, SIDEWALKS, PARTidAYS AND PRIVATE'PROPERTY IN THE CITY OF COSTA MESA AND THAT THE SAME ARE A PUBLIC NUISANCE: DIRECTING THE STREET SUPERINTENDENT TO POST NOTICES TO DESTROY SAID WEEDS AS REQUIRED BY LAW, FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS AND DIRECTING THE ABATEMENT THEREOF IN ACCORDANCE WITH ARTICLE 3 OF CHAPTER V OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None V-2-69 Application for Variance V-2-69 was presented from the meeting McCarty of February 17, 1969, for Mary Lou McCarty, 29+9 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 in an Rl zone at the same address. The Clerk said that a revised map had been submitted, of which the Council had copies. The Clerk read a letter in favor of granting the application from Mrs. R. J. Grierson, 2858 Stomboli Road, Costa Mesa, and said that the Council had received copies of all communications that he had.received. The following spoke in favor of granting the application: Mr. R. W. Katerndahl, 3176 Sicily Avenue, Costa Mesa; Bob McCarty, applicant. The following spoke in opposition: Donald Smallwood, Mesa Verde Homeowners Association, 1918 Kornat Drive, Costa Mesa; Dr. Comstock, 29+6 Mindanao, Costa Mesa. The Council discussed with Mr. McCarty the possibility of adding a second story which requires no permit. After discussion, on motion by Councilman Wilson, seconded by Councilman St. Clair, the Council denied the application by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None k ,Z ZE-7-69-A Application for Zone Exception Permit ZE-7-69-Amended was Hughes presented for Harry Robert Hughes, Bob's Gym and Sauna, 9868 Continental Drive, Huntington Beach, for permission to' operate a health clinic which will include a gymnasium, sauna bath and massage (Amended to include gymnasium) in a C2 zone at 2626 Newport Boulevard, together with the recommendation of the Planning Commission for denial. Chief Neth recom- mended denial of the application. The Mayor inquired if anyone were present for the applicant. There was no one. Upon motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the application was denied. ZE-11-69-A Application for Zone Exception Permit ZE-11-69-Amended was Phelps presented for Robert Joseph Phelps, 106 Cecil Place, Costa Mesa, for permission to construct a 3 -unit apartment complex on 8,x+76 -plus square feet of land area (one unit per 2,825 square feet) instead of the permitted two units in an R2 zone with encroachment of 7 feet into required 25 -foot rear yard setback, in an R2 zone at 180 Cecil Place. The Clerk read the recommendation of the Planning Commission for approval subject to the following requirement: 1. Shall meet all the requirements as stated by the various City Departments in the Certified Recommendations, copy attached to and made a part of the application. Mr. Roy Watkins, representing the applicant, said the conditions were agreeable to the applicant. Councilman Jordan said there was a question whether the sidewalk would go back from the curb or on the curbline. After discussion, upon motion by Councilman Wilson, seconded by Councilman Pinkley, and carried, the application was approved allowing the applicant to put his sidewalk next to the curbline. zE-14-69 Application for Zone Exception Permit ZE-14-69 was presented Bostland Company for The Bostland Company, 1800 Avenue of the Stars, Los Angeles, for permission to develop Cl -CP zoned property with a 137 -room motel, a restaurant, and a service station, at the northwest corner of'Gisler Avenue and Harbor Boulevard. The Clerk read the recommendation of the Planning Commission for approval subject to the following condition: 1. Shall meet all the requirements of the Certified Recommendations of the various departments of the City of Costa Mesa, copy attached to the application and made a part thereof, with the exception that Conditions 2, 5, and 10 shall be deleted, and Condition 28 substituted in their places. Mr. James E. Prock, representing the applicant, explained the project to the Council and answered questions. The Assistant City Engineer recommended that Harbor Boulevard be improved with sidewalks and driveway approaches. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission except that Condition No. 5 was retained with the words deleted "to its ultimate width per Master Plan of Highways", which changes Condition No. 5 to read, "5. Harbor Boulevard to be fully improved including concrete sidewalks and driveway approaches to the satisfaction of the City Engineer, at applicant's expense."; and in Condition No. 28, change "not to exceed 8 feet ZE-15-69-A in width" to "not to exceed 10 feet in width". Application for Zone Exception'Permit ZE-15-69-Amended Roane was presented for F. B .Roane , 17931 Beach Boulevard, Suite M. Huntington Beach, for permission to allow deviations on Lots 1-49, Tract 6508, as follows: 1. Lot area reduction of a minimum of 4,100 square feet; 2. Lot widths of not less ZE-15-69-A than 40 feet except for Lots 24-27, which are as indicated. Roane on the Tract Map; 3. Side yard setbacks of not less than (Continued) 3 feet on each side or -zero feet on one side only and minimum of 6 feet on the other, maintaining 6 feet between dwelling units; -4. Eave overhang projection to not less than 2 --feet from property line as per Precise Plan made a part of appli- cation, in a C2 and Al zone on the southeast side of Newport Boulevard, 400 feet southwest of Palisades Road. The Clerk read the recommendation of the Planning Commission for approval subject to the following condition: Shall meet all the re- quirements of the Certified Recommendations of the various departments of the City of Costa Mesa, copy attached to and made a part of the application, with the added condition: 6. That a 6 -foot high masonry concrete block wall be installed by the applicant, at his expense, along the northerly tract boundary at the time of development of said tract. The Clerk said .that no written communications had been received. The applicant said that he was in agreement with the conditions recommended by the Planning Commission. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, Councilman Tucker voting no, the application was approved subject to the recommendation of the Planning Commission. ZE-16-69 The application for Zone Exception Permit ZE-16-69 was Taylor presented for David Lamar Taylor, 1748 Missouri Street, Costa Mesa, for permission to encroach a maximum of 10 feet into required 20 -foot rear yard setback for addition of family room at that address in an Rl zone, together with the recommendation of the Planning Commission for approval. The applicant was not present. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the application was approved. ZE-17-69 Application for Zone Exception Permit ZE-17-69 was presented Mundt for Harold Mundt, 21851 Newland, Space 166, Huntington Beach, for permission to use existing building for two-family resi- dential use and telephone answering service as a home occupation at 155 Rochester Street in an R2 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 from the various City Departments, copy attached to and made a part , of the application, with conditions modified as follows: Condition Nos- 1 and 2 to be given an extension of 120 days within which to be completed after City Council approval; Condition No. 7 modified to read: "wooden fence, under the direction of the Planning Department."; and Condition No. 8 to read: "That Conditions 3, 6, and 7 be complied with prior to issuance of a business license by the Finance Department and/or prior to final clearance of conversion plans, whichever is sooner." The applicant said that he agreed to the conditions. Upon motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the application was approved subject to the recommendation of the Planning Commission. Oral Communications . There were no oral communications. Adjournment On motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the meeting adjourned at 10:25 p.m. C Mayor of the City of Cos,6 Mesa ATTEST: City Clerk of the City of Costa Mesa