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HomeMy WebLinkAbout04/21/1969 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 21, 1969 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:35 p.m., April 21, 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 action 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, City Engineer, City Clerk Minutes On motion by Councilman St. Clair, seconded by Councilman April 7, 1969 Tucker, and carried, the minutes of the regular meeting of April 7, 1969, were approved as distributed and posted. Ordinance 69-7 The Clerk presented Ordinance 69-7, being AN ORDINANCE Held over OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, PROVIDING Closing -out Sales FOR THE REGULATION OF CLOSING -OUT SALES AND MAKING PRO- VISIONS FOR FEES, PERMITS, REGULATIONS AND OTHER MATTERS IN CONNECTION THEREWITH, from the meeting of April 7, 1969, for second reading and adoption. On motion by Councilman Pinkley,.seconded by Councilman Wilson, and carried, Ordinance 69-7 was held over to be studied at the adjourned meeting of April 28, 1969. Ordinance 69-9 On motion by Councilman Jordan, seconded by Councilman Adopted Wilson, Ordinance 69-9, being AN ORDINANCE OF THE CITY R-4-69 COUNCIL OF THE CITY OF COSTA MESA CHANGING THE ZONING OF A PORTION OF LOT 14, FAIRVIEW FARMS TRACT, FROM.R2 TO C2 -CP, 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 Nathan Reade The Clerk said that the term of Planning Commission Chairman Nathan Reade was to expire on April 25, 1969. Councilman St. Clair read a prepared statement requesting that no appointments be made to the Planning Commission until the City has invited those interested to declare their desire to serve. Councilman St. Clair then made a motion for the Mayor to appoint a Committee to study and return to the Council with recommendations on how best the City can benefit by setting up procedures and criteria for the proper appointments to various commissions, committees, and boards. The motion was seconded by Councilman Tucker. Discussion followed, and on motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the Council voted to hold further action until the arrival of Nathan Reade. Later in the meeting Mr. Reade arrived and spoke from the floor. Former Vice -Mayor of the City of Costa 1 1 F_� Nathan Reade Mesa, Calvin F. Barck, 2536 Greenbriar Lane, Costa Mesa, (Continued) spoke on behalf of Nathan Reade. The Mayor repeated the motion made by Councilman St. Clair, and seconded -by Councilman Tucker, and called for the vote. Councilman Tucker called for an amendment to the motion that the appointment to the Planning Commission be held over to the meeting of May 5, 1969, and notice given to those interested to let their intentions to serve on the Planning Commission be known. Councilman St. Clair then repeated his original motion and agreed to the modification. The Mayor called for the vote, and the motion lost by the following roll call vote: AYES: Councilmen: St. Clair; Tucker NOES: Councilmen:. Wilson, Pinkley, Jordan ABSENT: Councilmen: None Nathan Reade On motion by Councilman Wilson, seconded by Councilman Re -appointed to Jordan, Nathan Reade was appointed to serve on the Planning Planning Commission Commission for a four-year term, to expire April 21, 1973, by the following roll call vote: AYES_: Councilmen: Wilson, Pinkley, Jordan NOES: Councilmen: None ABSTAIN: Councilmen: St. Clair, Tucker ABSENT: Councilmen: None Permits The Clerk presented an application for business license for International Speedway, Incorporated, to conduct class "A" Motorcycle Racing at Orange County Fairgrounds for approximately twenty-two days on Friday evenings. A copy of a letter to Harry Oxley, General Manager of Milne Brothers Motorcycles, from Alfred G. Lutjeans, General Manager of Orange County Fairgrounds, was read to the Council. Alfred Lutjeans and Harry Oxley, 1935 East Colorado Boulevard, Pasadena, spoke to the Council. After discussion, on motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the business license was approved subject to the following conditions: 1. No more than 6 motorcycles to be run on the course at one time; 2. All tail pipes -of competing motorcycles to be slotted to the extent that sound emissions from motorcycle exhaust are muffled; 3. All races must be terminated before 10:30 p.m. without.exception. Island The Clerk presented from the meeting of April 7, 1969, Annexations a proposed resolution urging legislation permitting the Local Agency Formation Commission to initiate unincor- porated island annexations with the concurrence of the municipality. On motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the proposed reso- lution was tabled. Loyalty Oath The Clerk presented from the meeting of April 7, 1969, Assembly Constitutional Amendment 34 and Assembly Bill 11+5, regarding the Loyalty Oath. On motion by Councilman Wilson,rseconded by Councilman Jordan, and carried, the Council went on record approving the proposed legislation. Pier 11 The Clerk presented from the meeting of March 17, 1969, a report from the Chief of Police on vandalism at 198+ Newport Boulevard, saying a closer check was being main- tained in this area since the complaint. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the report was received and filed, and the Clerk was directed to send a letter to Woodrow W. Matthews in- forming him that a closer patrol check was being maintained on his property. George C. Woods The Mayor said that a study meeting had'just been held protesting ded- at 5:30'p.m. with Mr. George C. Woods in the Council ication of land conference room. Councilman Wilson explained that Mr. for street Woods was.protesting a required dedication of a strip widening purposes of land on Placentia Avenue for street widening pur- poses. Mr. Woods said that he was willing to dedicate his land on the same basis as the other property owners along the street. After discussion, on motion by Councilman Wilson, seconded by Councilman Jordan, the Council waived the condition requiring the dedication of land on Placentia Avenue for street widening pur- poses by the following roll call vote: AYES: Councilmen: St. Clair, Wilson, Jordan NOES: Councilmen: Tucker, Pinkley ABSENT: Councilmen: None Parking Removal The Clerk read from the meeting of February 3, 1969, on Red Hill Avenue the report of the Traffic Engineer on the removal of parking on the westerly curb of Red Hill Avenue between Palisades Road and the San Diego Freeway. The Traffic Engineer recommended that the parking prohibition be postponed until such time as Red Hill Avenue is widened to the ultimate. 'On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the report was received and filed. Warrant The Clerk read a letter of appreciation from Lorraine. Authorized Beard, Secretary of the Orange County Women's Bowling Bowling.Brochures Association, to the Council for welcoming the 43rd Annual California Women's Bowling Association Champion- ship Tournament to Costa Mesa. Mayor Pinkley thanked Councilman'St. Clair for the fine job done on chairing the Bowling Committee and requested that an expenditure be approved in the amount of 118.76 for printing brochures distributed to 15,000 women throughout the State. Upon motion by Councilman St. Clair, seconded by Councilman Pinkley, the expenditure was approved by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair. NOES: Councilmen: None . ABSENT: Councilmen: None Written On motion by Councilman Jordan, seconded by Councilman Communications St. Clair, and carried, the following written communications were received and filed: From the State of California; Division of Highways, copy of the record of public hearing covering the development of Route 55, Newport Freeway, from the adopted Route 1 to Bay Street; Minutes of the meeting of the Orange County Mosquito Abatement District of March 20; 1969; from the Controller of the State of California, a report on motor.vehicle license apportion- ment to cities, for the period of December 1, 1968, through May 31, 1969; From the City of Burbank, California, a copy of a letter to Councilman Robert M. Wilson, re- questing comments concerning their report regarding inequities in County services as it relates to cities; from the City of Stanton, a communication stating that the Stanton Council feels the Board of Supervisors and Flood Control District should investigate and apply for funds available to them through the Federal -Government before taxing the residents from Orange County for Flood f�l(��'? Us**a Written Control Improvements and enclosing a copy of their Communications Resolution urging.the Board of Supervisors of Orange (Continued) County and the Orange County Flood Control District to take immediate steps regarding construction of flood control projects; from the City Council of the City of Newport Beach, a resolution expressing appreciation to the City of Costa Mesa for action recommending adoption of the Superior'Avenue Route, the realignment of Route 55 (Newport) Freeway, and assuring its support for the red line route; from the Local Agency Formation Commission, County of Orange, notice that public hearings will be held on April 23, 1969, for the proposed dissolution of the Orange County Harbor District, and also copies of resolution approving annexation, Engineers No. 112, 117, and,119 to the Costa Mesa Sanitary District; copies of application to the Alcoholic Beverage Control Board for an on -sale beer license transfer from Bonnie L. and James B. Forguson, to Earleane B. and Preston B. Scott at 436 East 17th Street; and a new off -sale beer and wine license for Betty H. Kraus, Mesa Del Mar Market, 750 St. Clair Street, Costa Mesa; a new on -sale beer license for General Host Corporation, 3099 Bristol Street; copy of a letter from General Creighton W. Abrams, United States Army, to Mrs. Oliver, expressing appreciation for the Community Project, "Cookie Lift". The Clerk presented from the Transportation Association of Southern California, a copy of the amended agreement of September ll, 1968, which supersedes the agreement of August 24, 1964. After discussion, on motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the communication was received and filed. The Clerk presented a letter from Lippold, Henderson and Dinsmoor, Attorneys at Law, 350 East 17th Street, Costa Mesa, regarding money owing College Office Equip- ment and Supply, Incorporated, by the Costa Mesa Golf and Country Club. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the letter was referred to the City Attorney. The Clerk said that he had received a communication from Mrs. Nora Grangetto, Chairman of Liberty Amendment Com- mittee of Orange County, 544 South Ohio Street, Anaheim, requesting to speak at the Council meeting. Mrs. Gran- getto spoke from -the floor requesting the Council to adopt a resolution supporting Senate Joint Resolution No. 1 by Senator John Schmitz. After discussion, on motion by Councilman St. Clair, and seconded by Councilman Jordan, and carried, Councilman Wilson voting No, the Council denied the request. Art Judice The Clerk presented a letter from Art Judice, Family Family'Billiards Billiards, 518 West 19th Street, Costa Mesa, notifying the Council that they plan to sell alcoholic beverages and a copy of an application for a new on -sale beer license: The Clerk read a.copy of a letter to the Alcoholic Beverage Control Board from the Director of Planning protesting the plan to sell alcoholic.beverages. The Mayor asked if Mr. Judice or a representative were present. There being no one present, the Council held the letter over to later in the meeting. Later -in the meeting Mr. Judice was not present. On motion by Council- man Pinkley, seconded by Councilman Tucker, and carried, the Council denied the request to sell alcoholic beverages. Assistant City Manager Fred Sorsabal said there was a discrepancy in the State Law as to whether firefighters are covered under the Employer -Employee Relations'Act of 1968, Senate Bill 1228, and the City wishes all employees to be governed by the same laws. He said Assembly Bill 1356 would place all employees under the same Act. On motion by Councilman Wilson, seconded by Councilman Tucker, Resolution 69-32 Resolution 69-32, being'A RESOLUTION OF THE CI'T`Y COUNCIL Firefighters Under OF THE CITY OF COSTA MESA URGING THE ADOPTING OF AB 13561 Employer -Employee PLACING FIREFIGHTERS IN CITIES UNDER THE EMPLOYER-EMPLOYEE Relations Act RELATIONS ACT, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Application for The Clerk presented letters of application for the posi- City Treasurer tion of City Treasurer from Claire M. Nelson, 583 West 19th Street, Costa Mesa; R. B. Squier; 25271 Champlain, Laguna Hills; Kenneth W. Fowler, 640 Tustin Avenue, Newport Beach; Ronald 0. Hardy, 1500 Adams Avenue, Suite 307, Costa Mesa. The Mayor instructed the Clerk to send notices to those interested in the position of City Treasurer that interviews will be held at the adjourned Council meeting of April 28, 1969 at 7:30 p.m. The Mayor said that since the hour was late, Part II of the Council meeting would be started before a recess was taken. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 8:20 p.m., April 21, 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 V. L. Hertweck of the Harbor Assembly of Recess God Church. The Mayor declared a recess at 8:20 p.m., and the meeting reconvened at 8:30 P.M. Roll Call Councilmen Present: Wilson, Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, City Clerk Auditor The Mayor announced that included in the agenda for the adjourned Council meeting of April 28th, 1969, will be the appointment of a City auditor. Permits The Clerk presented application for business license for Round the World Commodities, Clinton Pigman, Post Office Box 1252, Costa Mesa, to hold an International Yardage Fair at the Orange County Fairgrounds for three days, May 1, 2, and 3, 1969. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved. Application for business license for Council ratification was presented for Fantasia, David S. Farrell, 3022 Cedar Street, San Diego, for a cat show held at the Orange County Fairgrounds on April 12, and 13, 1969. On motion by Council- man Jordan, seconded by Councilman St. Clair, and carried, the application was ratified. 1 Permits The Clerk presented application for business license (Continued) for Boy's Enterprise, William C'. Hooks; Post,Office Box 43182; L. A. Tigera Station, Los Angeles, to hold candy sales by three solicitors, by door-to-door soli-..._. citing on the dates of April 26, May 3, May 10, and May 17, 1969. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the application was ' approved subject to the identical conditions contained on the last approved business license. On motion by Councilman St. Clair, seconded by Council- man Jordan, and carried, application for a business license was approved for D and B Sales, Donald Bush, 130 South Prospect Avenue, Tustin, to add one pool table at the Knotty Keg, 2125 Harbor Boulevard, Costa Mesa. On motion by -Councilman Jordan, seconded by Councilman St. Clair, and carried, the application for a change of address for one pool table was approved, being moved from The Firehouse, 177 East 17th Street, to The Escapade, 1664 Newport Boulevard, by Superior Amusement, Incorporated. The Clerk presented a notice of intention to solicit for charitable purpose from National Multiple Sclerosis Society, 1905 East 17th Street, Room.320, Santa Ana, to hold a residential march for solicitations and place- ment of canisters from May 11 through June 15, 1969. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the. application was approved with Section 6914 J being waived. Trans -Auto Rental The Clerk read a letter from John P. Conlon, Trans -Auto Office Trailer Rental, 7727 Firestone Boulevard, Downey, requesting permission to operate an auto rental agency at 2004 Harbor Boulevard and requesting permission to use an office trailer on that lot. The applicant said he was preparing to sign a lease for three years. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the Council approved the use,of the office trailer for a period of three years. Departmental On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the following departmental reports were received and filed: Deputy City Treasurer, March; Parks; -and Finance. Warrant Warrant Resolution Number 576 including Payroll Number Resolution_ 576 6908 was approved on motion by Councilman Jordan, seconded by Councilman Wilson, and carried by the following roll call vote: -AYES: Councilmen: Wilson, Jordan, Tucker, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Continued Public The Mayor announced,that this was the time and place for Hearing R-1-69 the public hearing continued from the meeting of April 7, Perez 1969, Rezone Petition R-1-69, Lydia V. Perez; 2099 Placentia Avenue, Costa Mesa, for permission to rezone property at that address from M1 to R4. The Clerk read the recommen- dation of the Planning Commission for denial. He said Study Requested On motion by Councilman Jordan, seconded by Councilman Placentia Avenue Wilson, and carried, the Planning Department was directed to initiate rezone application for the owners of property that had requested this through letters on file in the Clerk's office, and the Planning Department was requested to study the entire area. , Fence Complaint Mr. Rex Cook said that the fence at the wrecking yard, Placentia Avenue that he complained about at the Council meeting of February 17, 1969, in the vicinity of 2099 -Placentia Avenue, was still in a state of disrepair and also there were cars parked in front of the business during the hours the business was closed. Mr. Cook inquired if the City had the power to enforce the terms of the variance granted to the wrecking yard by the County be- fore Costa Mesa was incorporated. The Mayor requested the City Attorney to see what action could be taken. Councilman Tucker requested a copy of the variance issued to the wrecking yard. Emergency Telephone Councilman Tucker said that he and Councilman St. Clair System were appointed to the School -Liaison Committee and pre - Warrant Authorized sented a report to the Council regarding proposed emergency telephone system at school sites in Costa Mesa. On motion by Councilman Tucker, seconded by Councilman St. Clair, the Council approved the report and reserves the right to determine the distance of the emergency telephones to within a reasonable distance of the schools, and the expenditures as listed in the report for the emergency telephone system were approved 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 place for R-6-69 the public hearing for Rezone Petition R-6-69, Jack G. Raub Raub, 136 Rochester Street, Costa Mesa, to rezone property at that address from R2 to C2. The Clerk read -the recom- mendation of the Planning Commission for approval to Cl -CP. He said that no written communications had been received. The Mayor inquired if anyone wished to speak. No one wishing to speak, the Mayor closed the public hearing. 1 1 1 Continued Public that no written communications had been received. Harry Hearing R-1-69 D. Johnson, real estate broker, 2121 Placentia Avenue, (Continued) Costa Mesa; Mrs. Rachel Hamilton, daughter of the appli= cant, 18901 Carolyn Lane,,Huntington Beach; and Rex Cook, 2085 Placentia Avenue, Costa Mesa; spoke in favor of the application. No one else wishing to speak, the Mayor closed the public hearing. On motion by'Councilman Jordan, seconded by Councilman St. Clair, the Council approved the rezoning from Ml to R4 -CP, and Ordinance Ordinance 69-10 69-1o, being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY OF COSTA MESA CHANGING THE ZONING OF PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK 8, TRACT NO. 612, FROM M1 TO R4 -CP, was given first reading by title only and passed to second reading by the following roll call vote: AYES: Councilmen: Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: Wilson ABSENT: Councilmen: None Study Requested On motion by Councilman Jordan, seconded by Councilman Placentia Avenue Wilson, and carried, the Planning Department was directed to initiate rezone application for the owners of property that had requested this through letters on file in the Clerk's office, and the Planning Department was requested to study the entire area. , Fence Complaint Mr. Rex Cook said that the fence at the wrecking yard, Placentia Avenue that he complained about at the Council meeting of February 17, 1969, in the vicinity of 2099 -Placentia Avenue, was still in a state of disrepair and also there were cars parked in front of the business during the hours the business was closed. Mr. Cook inquired if the City had the power to enforce the terms of the variance granted to the wrecking yard by the County be- fore Costa Mesa was incorporated. The Mayor requested the City Attorney to see what action could be taken. Councilman Tucker requested a copy of the variance issued to the wrecking yard. Emergency Telephone Councilman Tucker said that he and Councilman St. Clair System were appointed to the School -Liaison Committee and pre - Warrant Authorized sented a report to the Council regarding proposed emergency telephone system at school sites in Costa Mesa. On motion by Councilman Tucker, seconded by Councilman St. Clair, the Council approved the report and reserves the right to determine the distance of the emergency telephones to within a reasonable distance of the schools, and the expenditures as listed in the report for the emergency telephone system were approved 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 place for R-6-69 the public hearing for Rezone Petition R-6-69, Jack G. Raub Raub, 136 Rochester Street, Costa Mesa, to rezone property at that address from R2 to C2. The Clerk read -the recom- mendation of the Planning Commission for approval to Cl -CP. He said that no written communications had been received. The Mayor inquired if anyone wished to speak. No one wishing to speak, the Mayor closed the public hearing. 1 1 1 Ordinance 69-11 On motion by Councilman Jordan, seconded by Councilman First Reading Wilson, Ordinance 69-11, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA. MESA CHANGING THE ZONING OF LOTS 10 AND 11, TRACT NUMBER 279, FROM R2 TO C1 -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 place Weed Abatement set for hearing on the report of the Street Superintendent regarding the abatement of weeds constituting a public nuisance within the City. The Mayor declared the hearing open and asked if anyone wished to speak. No one wishing to speak, the Mayor closed the public hearing. On motion by Councilman Jordan, seconded by Councilman Resolution 69-33 Tucker, Resolution 69-33, being A RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF COSTA MESA INSTRUCTING AND AUTHORIZING THE STREET SUPERINTENDENT OF THE CITY OF COSTA MESA TO PROCEED WITH THE REMOVAL OF WEEDS, was adopted 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 place for Alley to Rear the public hearing for the proposed improvement district of East 17th to improve the alley to the rear of commercial property Street, Between fronting on East 17th Street, southerly of Cabrillo Tustin and Irvine Street, between Tustin and Irvine Avenues. The Clerk read a letter from Mr. E. H. Stroot, 417 Lido Nord, Newport Beach, in opposition to the establishment of an improvement district. The City Attorney explained that the public hearing tonight was to determine the amount of interest in the establishment of an improvement district. He also said that the official commencement of a 1911 Act improvement district commences with the circulating of a petition signed by the necessary number of property owners. The following people spoke from the floor: Mr. Robert Baher, 355 East 22nd Street, Costa Mesa, opposed; Dr. Bob Andrews, 604 St. James Place, Newport Beach, in favor; Mr. Morris Molho, 348 East 17th Street, Costa Mesa, in favor; Mr. Bob Heisey, 465 Cabrillo Street, Costa Mesa, wants drainage, but not alley; Mr. William H. Nichols, 495 Cabrillo Street, Costa Mesa, wants drainage and alley. No one else desiring to speak, the Mayor closed the public hearing. After discussion, on motion by Councilman Tucker, seconded by Councilman Jordan, and carried, the Council ordered an engineering study to determine whether an alley can be developed or drainage, or both and the City Attorney is to prepare a petition for circulation. Mayor Pinkley Leaves Mayor Pinkley left the Council chambers at this point, turning the meeting over to Vice Mayor Wilson. Encroachment The Clerk presented encroachment permit 35, John Pearcy, Permit 35 2007 Commodore Road, Newport Beach, for permission to Pearcy allow a 35 -foot high pole sign at 628 West 19th Street to be erected 48.5 feet from the centerline of West 19th Street to centerline of pole, and 36.5 feet from the centerline of Meyer Place to centerline of pole with full encroachment into the public right-of-way. The Clerk said that no written communications had.been received. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, Encroachment Permit 35 was approved. Agreement On motion by Councilman Tucker, seconded by Councilman Pyle, Lance, St. Clair, and carried, the agreement with Pyle, Lance, Schlinger and Schlinger and Solt, certified public accountants, to Soll Auditors perform services from July 1, 1969, and ending June 30, 1972, was held over to the adjourned meeting of April 28, 1969. Right of Way Deed Upon motion by Councilman Jordan, seconded by Councilman St. Clair, the following right of way deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen:, Pinkley DATE NAME FOR STREET 4-11-69 Bristol -Baker Corporation Newhall Street ZE-24-69 The Clerk presented application for zone exception permit Gilbert ZE-24-69, Dean Elliott Gilbert, 2472 Elden Avenue, Costa Mesa, for permission to construct twelve apartment units on 29,259.38 square feet of land area (one unit per 2,438 square feet of land area) in an R2 zone at 760 West Wilson Street, together with a recommendation of the Planning Commission for approval, subject to the following condition: Shall meet all the requirements from the various City departments, copy attached to the application and made a part thereof. The applicant spoke from the floor saying he agreed,to all the conditions. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved subject to the recommendation of the Planning Commission. ZE-26-69 The Clerk presented application for Zone Exception Permit Herman ZE-26-69, Gary J. Herman, 1933 Meyer Place, Costa Mesa, for permission to encroach 14.5 feet into the required 22 -foot rear yard setback for the addition of a two-story living area over a new two -car garage at that address in an Rl zone, together with the recommendation of the Planning Commission for approval subject to the following condition: Shall meet all the requirements from the various City departments, copy attached to the application and made a part thereof. The applicant said that he agreed with the conditions. On.motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the application was approved subject to the recommendation of the Planning Commission. ZE-27-69 The Clerk presented application for Zone Exception Permit The Buccola Company ZE-27-69, The Buccola Company, 4501 Birch Street, Newport Beach, for permission to allow a portable temporary off- site subdivision sign at 380 East 17th Street, double ZE-27-69 face, six-foot by twelve -foot, to advertise the first The Buccola Company sale of homes in Tract 2789 which is located -between (Continued). Tustin and Aliso Avenues, north of 16th Street, to- gether with the recommendation of the Planning Com mission for approval of a stationary sign only subject to the following special requirements: 1. This sign shall be removed in six months or upon the sale of the last home in this tract, whichever is sooner; 2. A bond or savings and loan certificate shall be provided in the amount of $100.00 to guarantee the removal of this sign within thirty days after the expiration of this permit. Failure to-do so will -result in for- feiture of the bond; 3. Any copy change from that approved by the Planning Commission will result in automatic forfeiture of the bond and removal of the sign; 4. The sign company shall hold a valid California State contractor's license. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved subject to the recommendation of the Planning Commission. Mayor Pinkley Mayor Pinkley returned to the Council Chambers at this Returns point. ZE-28-69 The Clerk presented application for Zone Exception Permit Spiller ZE-28-69, Philip A. Spiller, 1649 Westcliff Drive, Newport Beach, for permission to operate a private athletic club involving a gym, sauna and massage at 2626 Newport Boulevard, in a C2 zone, together with the recommendation of the Planning Commission for approval subject to the following condition: Shall. meet all the special requirements of the Certified Recommendations of the various City departments, copy of which is attached to the application and made a part thereof. The Clerk reported that the Police Department made a background check and recommended approval on the basis of no record. On motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the application was approved subject to the recommendation of the Planning Commission. ZE-29-69 Presented was application for Zone Exception Permit Fair Harbor Company ZE-29-69, Fair Harbor Company, 11400 Rochester Avenue, Los Angeles, requesting that relief be granted on the garage door requirement on interior covered parking structures only, none of which will be visible from any adjoining residential or commercial property or any adjacent public right of way, as approved on the precise plan under.Conditional Use Permit C-73-68 for the construction of a 508 residential unit complex on the southeast corner of Harbor Boulevard and Fair Drive, together with the recommendation of the Planning Com- mission for approval subject to the following conditions: 1. That an agreement be filed with the City stating that garage doors will be installed if it is determined that they are necessary; 2. That all garages within the view of the street have doors installed under the direction of the Director of Planning. The Vice Mayor inquired if anyone wished to oppose the application, and no one came forward. Gary Thompson spoke for the applicant, and explained the project to the Council. Donald E. Smallwood, . _.J .; •—.xis ZE-29-69 1918 Kornet Street, Costa Mesa, asked questions about Fair Harbor Company the proposed project, and Jerry Carter, 2395'College (Continued) Drive, Costa Mesa, was in favor of granting the appli- cation. After discussion regarding garage doors .re- quired by the Costa Mesa Municipal Code, Councilman Tucker made a motion to delay action on the application to the meeting of May 5, 1969, and requested the developer to furnish information detailing what the ZE-33-69 $60,000.00, saved by not installing garage doors, will -- De Forest be used for. Councilman St. Clair seconded the motion Follow Charlie and the motion lost by the following roll call vote: Car Wash AYES: Councilmen: Tucker, St. Clair NOES: Councilmen: Wilson, Jordan, Pinkley ABSENT: Councilmen: None -- Councilman Tucker made a motion to deny the application. The motion was seconded by Councilman St. Clair and lost by the following roll call vote: AYES: Councilmen: Tucker, St. Clair NOES: Councilmen: Wilson, Pinkley, Jordan ABSENT: Councilmen: None ZE-29-69 On motion by Councilman Jordan, seconded by Councilman Pinkley, application for Zone Exception Permit ZE-29-69 was approved subject to the recommendation of the Planning Commission by the following roll call vote: AYES: Councilmen: Jordan, Pinkley, Wilson NOES: Councilmen: Tucker, St. Clair ABSENT: Councilmen: None ZE-33-69 The Clerk presented application for Zone Exception Permit -- De Forest ZE-33-69, Thomas B. De Forest, et a1, 3010 Bristol Follow Charlie Street, Costa Mesa, for permission to.remodel existing Car Wash car wash facilities into a 24-hour a day automatic car wash having one wash unit and equipment room, known by national franchise as "Follow Charlie", with no gas pumps, in a C2 zone at 176 East 17th Street, together with a 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 the application and made a part thereof. Mr. Paul Rife, Newport Beach, representing George Holstein, said that land on East 17th Street had been dedicated in 1957 to the City, and because of the condition contained in right'of way deed recorded on January 22, 1958, Book 4172, Page 421, Orange County Records, he requested that Condition Number One on the list of Certified Recommendations be deleted. The City Attorney stated this to be true. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved subject to the recommendations of the Planning Commission except that Condition Number One on the list of Certified Recommendations was deleted. City Attorney The City Attorney reported on certain bills before the legislature. 1 On motion by Councilman Tucker, seconded by Councilman Pinkley, and carried, the communication from the City of,Huntington Beach, held from the meeting of Marcli 17,,1969, requesting support for Senate Bill 285, was received and filed. Resolution 69-34 The City Attorney said that the Attorney General had Anti-trust Suit requested to represent the City of Costa Mesa in an Petroleum Products anti-trust action against manufacturers of petroleum products. Upon motion by Councilman Pinkley, seconded by Councilman St. Clair, Resolution 69-34, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING THE ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS, was adopted 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 Engineer presented plans and specifications Fence and Sprinklers for the installation of chain link fence and sprinkler Arlington Drive system modification in Arlington Drive between Fairview Road and Newport Boulevard, bids to be opened on May 19, 1969• On motion by Councilman Jordan", seconded by Councilman Tucker, and carried, the plans and specifications were approved, and the'City Clerk was authorized to advertise for bids. Arterial Highway On motion by Councilman Jordan, seconded by Councilman Financing - 516 Tucker, and carried, the agreement with the County of Placentia Avenue Orange for Arterial Highway Financing Program Project 516, Placentia Avenue from Victoria Street to 300 feet north of Wilson Street, was approved. Arterial Highway On motion by Councilman Jordan, seconded by Councilman Financing - 526 Tucker, and carried, the agreement with the County of Victoria Street Orange for Arterial Highway Financing Program Project 526, Victoria Street from Charle Drive to Newport Boulevard, was approved. Final Map The City Engineer presented final map for Tract 65081 Tract 6508 F. B. Roane, 17931 Beach Boulevard, Huntington Beach, Roane to divide 7:77 acres into 49 lots, located east of Newport Boulevard, south of Palisades Road, together with two copies of a signed agreement; performance bond in the amount of $59,600.00; labor and material bond in the amount of $59,600.00; monument bond in the amount of 800.00; check in the amount of 17,211.19. Mr. Paul Calvo, representing the developer, spoke to the Council. After discussion, upon motion by Councilman St. Clair, seconded by Councilman Pinkley, final map for Tract 6508 was approved subject to the requirements of the City Engineer, and Resolution 69-35, being A Resolution 69-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE MAP OF TRACT 6508 AND ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, was adopted by'the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: Tucker ABSENT: Councilmen: None alta: Claims for The City Manager requested that a member of the staff' be Flood"Damage appointed to sign the claims for flood damage and repair reimbursements under Public Law 81-875, and he suggested that the Director,of Finance -be appointed. On motion by Councilman Tucker, seconded by Councilman Jordan, Direc- tor of Finance Robert A. Oman was appointed and author- ized to sign the claims on behalf of the city by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Resolution 69-36 On motion by Councilman Tucker, seconded by Councilman Pay Rates for Pinkley, Resolution 69-36, being A RESOLUTION OF THE Part -Time Employees CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING CLASSIFICATIONS FOR CERTAIN PART-TIME EMPLOYEES AND FIXING MINIMUM AND MAXIMUM PAY RATES THEREFORE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Additional Personnel On motion by Councilman Tucker, seconded by Councilman Golf Course Pinkley, authorization was granted for hiring seven additional personnel needed to maintain the golf course by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Warrant On motion by Councilman Jordan, seconded by Councilman Authorized St. Clair, the Mayor was authorized to sign the agree - Fish Fry Parade ment with Television Station KTLA in the amount of $400.00, the City's share of cost to televise the Costa Mesa Lions Club Fish Fry Parade on June lx+, 1969, by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Salary Established On motion by Councilman Pinkley, seconded by Councilman Greens Superin- Tucker, salary for Greens Superintendent for the golf tendent-Golf Course course was established at $1,155.00 per month by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Oral Communications The Vice Mayor inquired if anyone would like to speak on Complaint any item that was not on the agenda. Mr. Niewiarowski, Niewiarowski 470 Magnolia Street, Costa Mesa, said that his neighbor took out a permit for a patio cover and had attached his roof to the top of his fence. The Director of Building Safety said that Mr. Wild came in to the Building Safety Department and was supposed to correct the situation. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the matter was referred to the Director of Building Safety, Director of Planning, and the City Attorney to follow through on this complaint. Adjournment On motion by Councilman Tucker, seconded by Councilman Pinkley, and carried, the meeting was adjourned at 11:35 P.M. to April 28, 1969, at 7:30 p.m. in the Council Chambers of the City Hall. M or of the City of Costa M sa ATTEST: City Clerk of the City of Costa Mesa 1 1 M