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HomeMy WebLinkAbout08/04/1969 - City CouncilRoll Call Minutes July 22, 1969 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 4, 1969 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., August 4, 1969, at the City Hall, 77 Fair Drive, Costa Mesa. 'The meeting was called to order by the Mayor for the purpose ofdiscussion 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. Councilmen Present: Wilson, Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, City Clerk The Mayor asked if there were any corrections or additions to the minutes of the regular meeting of July 22, 1969, and there being none, the Mayor declared the minutes approved as distributed and posted. Ordinance 69-17 Upon motion by Councilman Wilson, seconded by Councilman Adopted Jordan, Ordinance 69-17, being AN ORDINANCE OF THE CITY COUNCIL Pound Fee Schedule OF THE CITY OF COSTA MESA APPROVING AND ADOPTING ANIMAL LICENSE AND POUND SERVICE FEES AS SET FORTH IN RESOLUTION N0. 69-667 OF THE ORANGE COUNTY BOARD OF SUPERVISORS, was given second reading by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Proposed Resolution - The Clerk presented from the meeting of,July 22, 1969, Reso- State Imposed lution from the City of Brea regarding State imposed programs Programs for local government. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the City Attorney and City Clerk were directed to prepare a resolution expressing the Council's position for presentation at the meeting of August 18, 1969. Resolution 69-55- The Clerk presented from the meeting of July 22, 1969, Reso- Protecting Beaches lution from the City of Newport Beach relating to beaches and and Shoreline shoreline. Upon motion by Councilman Wilson, seconded by Councilman Tucker, Resolution 69-55, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA PROTECTING BEACHES AND SHORELINE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None - Orange Freeway The Clerk presented from the meeting of July 22, 1969, a Proposed Coordi- letter from A. S. Koch, Road Commissioner and County Surveyor, nating Group regarding initiation of freeway route location studies for a portion of State Highway Route 57 (Orange) Freeway, from Route One (Pacific Coast) Freeway to Route 22 (Garden Grove -)'Freeway. Councilman St. Clair explained by way of diagrams the organi- zational structure of the proposed coordinating group. After 1 1 1 . , Q-. : Orange Freeway_: discussion, the Council all agreed that the Council should Proposed,Coordi- have the final authority, and on motion by Councilman Tucker, nating Group seconded by Councilman Wilson, and carried, the Council went (Continued) on record to support in theory the proposal from Mr. Koch with the modification that there be direct lines of communi- cation between the City and the other four entities and that it be understood that the City have the final word, not its advisory body or any other body. Written, The Clerk presented a letter from Gene A. Robens, Chairman Communications of Military. Affairs Committee, Orange County Chamber of Commerce, 1+77 South Manchester Avenue, Anaheim, extending invitation to the Council to be honored guests at a military ceremony on August 19, 1969... The Mayor accepted the invi- tation on behalf of the Council and said there would be representation there. Oil Derrick. The Clerk read a letter from Mrs. Frank Colner, 3076 Roanoke Complaint - Lane, Costa Mesa complaining that the oil derrick in County territory operated by Occidental Petroleum Company.causes noise all night long and requesting that the Council not permit any more test drilling. Upon motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the City Manager and City Clerk were directed to write a letter to Mrs. Colner explaining that:the County had already approved the derrick operation in County territory and all the Council gave per- mission for, at the meeting of May 19, 1969, was to slant the drill for exploratory corehole drilling under Costa Mesa Resolution 69-56 land. The Clerk presented a communication from Edith L. Oberg, Objecting -to the President of -Municipal Consultants of California, Incor- Impositiori of Taxes porated, 2288 Westwood Boulevard, Los Angeles, regarding -the on Municipal Obli- move to tax municipal securities. Councilman Jordan said gations the Council should take a stand on this because the City would suffer loss:if taxes were imposed on municipal obli- gations. Upon motion by Councilman Jordan, seconded by Councilman Wilson, Resolution 69-56, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA OBJECTING TO THE IMPOSITION OF TAXES ON MUNICIPAL OBLIGATIONS, was adopted, and the Clerk was directed to send copies of the resolution to the officials in the Federal government by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St: Clair NOES: Councilmen: None ABSENT:, Councilmen: None Appreciation to Local The Clerk presented a resolution of the Local Agency Formation Agency -Format -ion Commission of Orange County determining the common boundary Commission -on ,-, between the cities of Newport Beach and Costa Mesa shall be Boundary Findings Tustin Avenue beginning at a point northerly of Twentieth Street and extending northerly to Palisades Road; provided, however, that area northwesterly of Tustin Avenue and southerly of Palisades Road now designated as the "Clear Zone", south of the Orange County Airport, shall be excluded from future annexations to either city. The Mayor praised the Costa Mesa Planning staff and Councilmen Jordan and Wilson for the fine job done on the presentation of facts to the Local Agency Formation Commission. On motion by Councilman St. Clair, seconded by Councilman Jordan,and carried, the Council directed that a letter be sent to Dick Turner, Executive Officer, Local Agency Formation Commission, expressing the Council's appreciation for the Commission's findings. Alcoholic Beverage On motion by Councilman St. Clair, seconded by Councilman Control Jordan, and carried, the following written communications were received and filed: Letter from City Clerk of San Juan Capistrano enclosing copy of a resolution of the City Council supporting the enactment of legislation to allow 1970 Census, Questionnaire replies to be on a voluntary basis; Copy of letter to Police Chief Neth from John R. Philip, M. D., Orange County Health Officer, enclosing copy of jail standards evaluation form; Copy of application to Alcoholic Beverage Control Board for transfer of person-to-person off -sale beer and wine license to David R. Price, Tic Toc Markets, Incor- porated, from Warren S. Ottley, Tic Toc Markets, Incorporated, 517 West Wilson Street, Costa Mesa. Complaint The Clerk read a letter from John Grayston, 246 East Wilson Trash, Noise and. Street, Costa Mesa, regarding the enforcement of regulations Overparking concerning trash, noise, and overparking in the area of his residence. After discussion; upon motion by Councilman Tucker, seconded by Councilman Wilson, and carried, the City Attorney was directed to answer Mr. Grayston's letter and study the ordinance on the street sweeping problem and report back to the Council. Permit The Clerk presented from the meeting of July 22, 1969, the A.C.I. application for business license for A.C.I. Postal System, Postal System Ben Sommers and Jack Meyers, 8331 Garden Grove Boulevard, Garden Grove, for advertising by means of.'handbills, dodgers, stickers by supervised postal delivery. The Director of Finance said that the applicants had been requested to be present at the Council meeting. There being no represen- tation, the Mayor held the application over to later in the meeting. Later in the meeting the Mayor asked if the ap_pli- cants were present. Upon motion by Councilman Wilson;' seconded by Councilman Tucker, and carried, the application Tabled was tabled until the applicants request that it be brought back to the Council meeting for action. Refund The Clerk read a recommendation from the Director of Finance Abrahams that business license fees in the amount of $60.00 be refunded Bona Fide Motors, to Gerald Abrahams, Bona Fide Motors, 1955 Bedford, Los Angeles. Upon motion by Councilman Wilson, seconded by Councilman Jordan, refund in the amount of $60.00 was authorized -by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT:- Councilmen: None Refund The Clerk read a recommendation from the Street and Parkway Matillo Brothers Director that refund in the amount of $35.00 on Plumbing Permit 550+7 be authorized to Matillo Brothers, 82+2 Poin- settia Drive, Buena Park. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, the refund was authorized by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Departmental On motion by Councilman Jordan, seconded by Councilman Reports Tucker, and carried, the following departmental reports were ordered received and filed: Deputy City Treasurer, for the month of July; Finance, for the number of non-profit permits issued during the month of July; Street; Clerk, for the number of claims processed since last Council meeting; Building Safety; Traffic. fly The Clerk presented a Notice of Intention to Solicit for' Charitable Purpose from Orange County Chapter, National Cystic Fibrosis Research Foundation, 421 North Brookhurst, Suite 110, Anaheim, for door-to-door solicitation September 1, 1969, through September 15, 1969. Upon motion by Council- man Wilson, seconded by Councilman Pinkley, and carried, the application was approved with'Section 691+ J of the Municipal Code being waived. The Clerk presented a Notice of Intention to Solicit for Charitable Purpose from United Fund, Community Chest of Costa Mesa, 211 West Wilson Street, Costa Mesa, for person- to-person and selected mail through five campaign divisions: - Corporations and employees, businesses and'employees, school personnel, professions and homemakers for campaign period of August 1, 1969, through June 30, 1970. On motion by Council- man Wilson, seconded by Councilman Jordan, and carried, the application was approved with Section 691+ J of the Municipal Code being waived. The Clerk presented a Notice of Intention to Solicit for Charitable Purpose from Mr. William H. Spurgeon, III, Executive Vice President, Children's Hospital of Orange County, 1109 West LaVeta Avenue, Orange, for solicitation of discarded clothing and household items for processing and repair to be sold in thrift stores at various times during the year. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the,application was approved with Section 691+ J of the Municipal Code being waived. The Clerk presented for ratification application for business license for Ronald B. Brown, 3739 Temescal, Norco, for itinerant merchant of fruit and vegetables, corner of Santa Ana Avenue and Palisades Road, on July 26, 1969. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, the application was ratified. The Clerk presented application for business license from Cody's Lawn and Maintenance Service, 317 South Olive Street, Orange, for painting house numbers on curbs. On motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the application was approved. Study of Require- The City Manager said that complaints had been received- ments For Painting about the wrong house numbers being painted on the curbs, House Numbers on and he would make a study to determine if it would be Curbs necessary for an applicant to post a bond to guarantee that the City would not have to correct work done by the applicant. The Mayor instructed the City Manager and City Attorney to bring the Council information on changing the requirements for a business license to paint house numbers on curbs. The Clerk presented an application for business license from Homestead Supplies, Incorporated, Post Office Box 520, Yucca Valley, to hold.a close-out sale August 1, 1969, to continue until sold, to be less than 30 days, of lumber and hardware at 1700 Superior Avenue. Mr. Oman explained the request to the Council saying that the applicant would need a permit,to hold the sale on three weekends, a total of six days, and an itinerant merchant license would be required. On motion by Councilman Tucker, seconded by Councilman Pinkley, and carried, the application was approved,to hold a close-out sale for three weekends, a total of six days at a cost of $10.00 a day, or $60.00 total. The Clerk presented application for business license from The City Attorney recommended that second reading and Coral Music Company, 1+32 West Apollo Avenue, Anaheim; for Deferred Adoption amusement games, two pool tables and one shuffleboard, at Coast Inn, 2972 Bristol Street, Costa Mesa. Upon motion by on multiple dwellings, and that the ordinance be referred Councilman St. Clair, seconded by -Councilman Jordan, and Dwellings carried, the application was approved. Warrant Resolution On motion by Councilman Wilson, seconded by Councilman seconded by Councilman Pinkley, and carried, second reading 587 Jordan, Warrant Resolution No. 587 including Payroll No. 6915 was approved by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, Attorney is to have a report back to the Council within 30 St -Clair Clair NOES: Councilmen: None ABSENT: Councilmen: None J The City Attorney said that he had a report from his office Warrant Resolution On motion by Councilman Wilson, seconded by Councilman 588 Jordan, Warrant Resolution No. 588 was approved by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 69-15 The City Attorney recommended that second reading and Deferred Adoption adoption be held up on Ordinance 69-15, payment of fees Fees on Multiple on multiple dwellings, and that the ordinance be referred Dwellings to a committee for study. Upon motion by Councilman Tucker, seconded by Councilman Pinkley, and carried, second reading and adoption of Ordinance 69-15'was deferred, and the City Attorney is to have a report back to the Council within 30 days. Duties and J The City Attorney said that he had a report from his office Responsibilities of and also from the office of the Assistant City Manager on a City Treasurer specialists to advise on the duties and responsibilities of a City Treasurer. The Assistant City Manager submitted bids from the following: NAME AMOUNT Ernst and Ernst $ 3,000.00 615 South Flower Street Los Angeles Griffenhagen-Kroeger, Inc. $ 1,200.00 15+3 West Olympic Boulevard Los Angeles Employment Authorized After discussion, upon motion by Councilman Jordan, seconded Griffenhagen-Kroeger by Councilman Tucker, the Council authorized the employment of Griffenhagen-Kroeger, Incorporated, to conduct a study to determine exactly what are the duties and responsibilities of City Treasurer, at a cost not to exceed 1,200.00, 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 7:30 P.M. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:40 p.m., August 4, 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 led by Planning Commissioner Charles Beck and invocation by the Reverend M. C. Cronic of the First Assembly of God Church. - Roll Call Councilmen Present: Wilson, Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, City Clerk American Field The Mayor announced that two young Costa Mesa students were Service going to Europe to participate in the American Field Service Kathy Handwerg Student Exchange Program. Mrs. Beck introduced Miss Kathy Rosemary Szabo Handwerg and the father of Rosemary Szabo who accepted letters from the Mayor for presentation to the Mayors of the cities where the girls will live as exchange students. Newspaper Article The City Manager read a prepared statement in answer to a Integrity of Staff newspaper article published July 28, 1969, in the Daily Pilot concerning Councilman George Tucker's statements regarding the integrity of the policy-making and administrative forces of the City of Costa Mesa. He requested the Council to pass a resolution asking the District Attorney of Orange`Couinty to make an investigation of these allegations. Mr. Tucker requested a copy.of Mr. McKenzie's statement and said he possibly would reply at a later date, and he also said his statements were not personal against Mr. McKenize. On motion by Councilman Jordan; seconded by Councilman Wilson, and unanimously carried, the Council adopted a minute resolution granting the City Manager's request that the District Attorney of Orange County be asked to make an investigation of Mr. Tucker's allegations contained in a three-page letter to the Daily Pilot on July 28, 1969. Public Hearing The Mayor announced that this was the time and the place set R-11-69 for the public hearing for Rezone Petition R-11-69, Harbor Harbor Mesa Mesa Corporation, in care of'Alfred A. Edelsohn, 2901 Benedict Corporation Canyon Drive, Beverly Hills, California, to rezone property Alfred A. Edelsohn from Rl and R3 to R2 -CP, located north of Corsica Place, adjacent to and easterly of Corsica Park and extends easterly to Mace Avenue. The Clerk read the recommendation for approval " from the Planning Coimnission.' The Mayor asked if anyone wished to speak. Alfred A. Edelsohn, 237 East Olive, Burbank, said that contact had been made with the neighbors and all were in agreement with the plan. No one else desiring to speak, the Mayor closed the public hearing. Upon motion by Councilman Wilson, seconded by Councilman Jordan, Ordinance 69-18, being Ordinance.69-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA First Reading CHANGING THE ZONING OF TENTATIVE TRACT N0. 6261 FROM Rl AND R3 TO R2 -CP, was given first reading 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 set Real Estate Signs for the public hearing for clarification of Section 8502 of the Municipal Code, governing real estate signs. He asked if anyone wished to speak. Roy McCardle, chairman of the sign committee for Newport -Mesa Harbor Board of Realtors, and .Jim Wood, real estate broker, asked that logos be not allowed. Mr. Wood also said that restrictions on "Open House" signs were too restrictive. Dave Leighton, of the Costa Mesa -Planning Public Hearing Department, answered questions of the Council. Ted Bologh, Real Estate Signs 286 Del Mar, Costa Mesa, spoke from the floor. After dis- (Continued) cussion, Councilman Tucker made a motion, seconded by Council- man Pinkley, to clarify the ordinance by inserting the word "rectangle" in its proper place and adding "no logos allowed". The motion lost by the following roll call vote: AYES: Councilmen: Tucker, Pinkley NOES: Councilmen: St. Clair, Jordan, Wilson ABSENT: Councilmen: None Logos Permitted Councilman St. Clair made a motion that logos be allowed as long as they are within the 18- by 24 -inch limit and have green background with white letters. The motion was seconded by Councilman Wilson, and carried by the following roll call vote: AYES: Councilmen: Jordan, St. Clair, Wilson NOES: Councilmen: Tucker; Pinkley ABSENT: Councilmen: None Bids Opened The City Engineer said that bids had been opened by the Patching and Sealing City Clerk on August 4, 1969, for Patching and Sealing City Streets City Streets. The following bids were received: NAME AMOUNT Chamber Mix Concrete, Incorporated $ 47,344.00 Neal F. Loughran 30';840.00 Nato Corporation 29,280.00 R. W. McClellan and Sons, Incorporated 53,240.00 Awarded The City Engineer recommended that the low bid of Nato Corporation be accepted as being the lowest bid meeting specifications. Upon motion by Councilman Wilson, seconded by Councilman Tucker, the contract was awarded to Nato Corporation in the amount of $29,280.00 by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Bids Opened The City Engineer said that bids had been opened by the City Resurfacing and Clerk on August 4, 1969, for Resurfacing and Reconstruction Reconstruction of of City Streets. The following bids were received: City Streets NAME AMOUNT R. W. McClellan and Sons, Incorporated $ 41,907.85 Sully-Miller.Contracting Company 34,754.00 Awarded The City Engineer recommended that the low bid of Sully -Miller Contracting Company be accepted as being the lowest bid meeting specifications. Upon motion by Councilman Wilson, seconded by. Councilman Tucker., -the contract was awarded to Sully -Miller Contracting Company in the amount of $34,754.00 by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St: Clair NOES: Councilmen: None ABSENT: Councilmen: None Edison Company On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, Councilman St. Clair voting No, per- mission was granted for the Edison Company to move a 66KV pole on Harbor and Gisler due to construction of a driveway. Encroachment The Clerk presented application for Encroachment Permit 37, Permit 37= Sinclair Paint Company, 3960 East Washington Boulevard, Los Sinclair Paint Angeles, for permission to encroach into the public right Company of way as follows: 1. Roof overhang projection a maximum of 4.5 feet; 2. Free standing pole sign projection a maximum of 10 feet; 3. Seven raised masonry planters against future curb and concrete paving, at 1901 Harbor Boulevard. The Clerk read the recommendation of the Planning Commission for approval subject to the following conditions: 1. There shall be twelve feet of vertical clearance between the bottom of the roof overhang and the sidewalk below; 2. Free standing pole sign shall not be located in position of conflict with existing traffic signal. Exact location to be approved by Traffic Engineer; 3. Prior to issuance of a building permit, the legal property o�mer shall stipulate by an agreement to guarantee removal of said sign, at his expense, subject to the City Attorney's approval; 4. An expansion joint shall be placed at the property line through all concrete work; 5. At the time of future street widening, the concrete planters will be removed by the City without reimbursement to owner. The applicant was not present. The Mayor asked if anyone wished to�speak for or against the application. Dave Leighton, Costa Mesa Planning Department, answered questions of the Council. Councilman Wilson made a motion to hold over the application, seconded by Councilman Pinkley. After discussion, the motion and second were withdrawn to hold over the application. Upon motion by Councilman Tucker, seconded by Councilman Wilson, and carried, the application was approved subject to the recommendation of the Planning Commission. Encroachment Permit '38 The Clerk presented application for Encroachment Permit 38, Asenath V. Bennett, 1939 Placentia Avenue, Costa Mesa, Bennett and Herbert R. Jenks, 10372 Miravista Drive, Santa Ana, for permission to allow at 1919 Placentia Avenue encroachment of a sprinkler system vault in the new City right of way. The Planning Department recommended approval subject to the following condition: That the owners sign a "Hold -Harmless Agreement" with the City of Costa Mesa, subject to the approval of the City Attorney. The Mayor asked if anyone wished to speak for or against the application. Upon motion by Councilman St. Clair, seconded by Councilman Wilson, and carried, the application was approved subject to the recom- mendation of the Planning Commission. Ordinance 69-19 The Clerk said that the Traffic Commission had recommended First Reading the following changes: The addition of stop signs on 17th Stop Signs -at Street at Pomona Avenue, making the intersection a four-way Pomona and stop; revising the speed limit on Estancia Drive from 45 to Seventeenth 40 miles per hour from north of Estancia High School to Speed Limit on Adams Avenue; and increasing the speed limit on Royal Palm Estancia-and Drive from 25 to 35 miles per hour. Upon motion by Councilman Royal Palm. Wilson, seconded by Councilman Jordan, Ordinance 69-19, being W ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING BOULEVARD STOPS ON WEST SEVENTEENTH STREET AT POMONA AVENUE, AND PRIMA FACIE SPEED LIMITS ON ESTANCIA DRIVE AND ROYAL PALM DRIVE, was given first reading 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 Employment Contract The Clerk presented the employment contract for the City Attorney services of the City Attorney, Roy E. June, from July 1, 1969 through June 30, 1970. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, the contract was approved by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None County of Orange The Clerk presented the agreement with the County of Orange Land Purchase on for the purchase of land located on Paularino Avenue at the Paularino for' corner of Coolidge Avenue .for the amount of25.00, to be Street Purposes used for street purposes. Upon motion by Councilman Wilson, seconded by Councilman Jordan, the purchase was authorized by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Police Department Upon motion by Councilman Wilson, seconded by Councilman Identi-Kit Jordan, and carried, the agreement with the Orange.County Peace Officer's Association, Incorporated, for use of Identi-Kit for the period of July 1, 1969, to June 30, 1970, was approved. C -36-66-A The Clerk presented application for Conditional.Use Permit Pacific Outdoor C -36 -66 -Amended, Pacific Outdoor Advertising Company, Advertising 17+0 Narva Street, Los Angeles, for permission to continue to maintain one standard city bulletin (billboard), 13.5 feet by 46 feet in a C2 zone at 153+ Newport Boulevard, together with 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 City Departments, copy of which is attached to.the application and made a part thereof. The Clerk read letters in opposition to granting the application from the following: Sidney A. Burton, The Earl's Plumbing, 1526 Newport Boulevard, Costa Mesa; and Grace 0. Lighter-, 1555 Orange Avenue,.Costa Mesa. Mr. Jay Kingrey, representing the applicant, spoke to the Council. Councilman Wilson made a motion for approval subject to the recommendation of the Planning Commission. The motion was seconded by Councilman Jordan, and lost by the following roll call vote: AYES: Councilmen: Wilson, Jordan NOES: Councilmen: Tucker, Pinkley, St. Clair ABSENT: Councilmen: None C -45-68-A Presented was application for Conditional Use Permit C-45-68- Genji.Kawamura Amended, Genji Kawamura, 718 St. James Place, Newport Beach, for permission to continue to sell produce, which is grown outside of the City limits along with produce grown on the premises, on a seasonal basis, from a bus on the southeast corner of proposed South Road and Bear Street, in an Al zone, together with the recommendation of the Planning Commission for approval subject to the following condition: 1. Shall meet all the requirements as outlined under the Certified Recommendations of the various City Departments, copy of which is attached to the application and made a part thereof. The Mayor asked if anyone was opposed to the application. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the application was.approved subject to the recommendation of the Planning Commission. C=50 -68-A The Clerk presented application for Conditional Use Permit First Assembly C -50 -68 -Amended, First Assembly of God Church, 146 22nd of God Church Street, Costa Mesa, for permission to continue to use existing facility at that -address in an R2 zone for a pre-school for a maximum of fifty children, five days per week, from 6:30 a.m. to 6:00 p.m., together with the recommendation of the Planning Commission for approval subject to the.following condition: 1. Shall meet all the requirements as contained in the Certified Recommendations, copy attached to the appli- cation and made a part thereof. The Mayor inquired if anyone were opposed to the application. .The Reverend M. C. Cronic was present, representing the applicant, and said that the conditions were agreeable. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the application was approved subject to the recommendation of the Planning Commission. C-81-68' Upon motion by Councilman Jordan, seconded by Councilman Shell Oil Company St. Clair, and carried, the following application was:withdrawn as recommended by the Planning Commission: Application for Conditional Use Permit C-81-68, Shell Oil Company, 1136 North Brookhurst, Anaheim,.for permission to construct a service station in a Cl -CP zone to meet "CP" standards on the southwest corner of Adams Avenue and Mesa Verde Drive East. ZE-33-69 The Clerk presented the appeal from Follow Charlie Cax Wash, Follow-Chaxlie 176 East 17th Street, Costa Mesa, for deletion of Condition Car Wash No. 8 in original. Zone Exception Permit, together with the recommendation of the Planning Commission for approval allowing the existing barrier of metal pipes with chains between to remain in lieu of the 4 -foot high concrete block wall. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the Council granted the request. ZE-72-69 Presented was application for Zone Exception Permit ZE-72-69, Robert.Wesley Robert Wesley Runyan, in care of J. W. Smith, 1927 Wallace Runyan Avenue, Costa Mesa,'for permission to construct two apartment - unit s. in an R2,zone.at 1925-27 Wallace Avenue in addition to two existing units, making a total of four units on 8,890 square feet of land area (one unit per 2,222.5 square feet) with an encroachment of 16 feet into required 25 -foot rear yard setback and a 0 -foot side yard setback for attached garage; also to allow a reduction of one open parking space (4 required, 3 available), together with the recommendation of the Planning Commission for approval subject to the following Special Requirement: 1. Shall meet all the re- quirements of the Certified Recommendations of the various City Departments, copy attached to the application and made a part thereof. The Clerk read a letter opposed to the appli- cation from Opal M. Mann, 1690 Whittier Avenue, Costa Mesa. Roy Watkins, representing the applicant, said that the appli- cant was in accord with all the conditions except Condition No. 5, because there already is a chain link fence with oleander shrubs,on the south side of the property. He requested that the opaque fence be deleted on the south side of the property. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the application was approved subject to the recommendation of the Planning Commission except that in Condition No. 5 the opaque fence was deleted on the south side of the property since there is an existing chain link fence with oleander shrubs on that side of the property. ZE-73-69 The Clerk presented application for Zone Exception Permit Heltzer ZE-73-69, George J. Heltzer and Associates, 144 South La Brea Avenue, Los Angeles, for permission to erect and main- tain one 15 -foot by 60 -foot (900 square feet) on-site directional sign in an R1 zone west of Smalley Road, ncrth of South Street, (300 square feet permitted by ordinance), advertising -first sale of homes in Tract 62+5, together with the recommendation of the Planning Commission for approval subject to the following Special Requirements: 1. Shall meet all the requirements of the Certified Recom- mendations, copy attached to the application and made a part thereof. The Mayor inquired if anyone wished to speak. No one desiring to speak, on motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission. ZE-74-69 Application for Zone Exception Permit ZE-74-69, Apollo Apollo Development Development Corporation, 110+ East 17th Street, Santa Ana, for permission to erect and maintain a 10 -foot by 20 -foot off-site double -face temporary directional sign on'the _.. northeast corner of Gisler Avenue and Harbor Boulevard in a Cl -CP zone, to direct prospective home buyers to model homes in Tract No. 6613, located on the northwest corner of Gisler Avenue and California Street, was presented together _ with the recommendation of the Planning Commission for approval subject to the following special requirement: 1. Shallmeet all the requirements from the various City Departments, copy of which is attached to the application and made a part thereof. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and -carried, the application was approved subject to the recommendation of the Planning Commission. ZE-75-69 The Clerk presented application for Zone Exception Permit Shaw ZE-75-69, Barbara B. Shaw, 1715 Palau Place, Costa Mesa, for permission to allow a home occupation to give piano lessons in the home at that address in an Rl zone, by appointment only from 7:30 a.m. to 8:30 a.m. and 2:30 P.M. to 6:30 P.M. five days a week (Monday through Friday) for a maximum of 40 students, together with the recommendation of the Planning Commission for approval subject to the following Special Requirements: 1. Shall meet all the requirements of the Certified Recommendations of the various City Departments, copy attached to the application and made a part thereof. The Mayor inquired if anyone were present objecting -to the application. After discussion, upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the application was approved subject to the recommendations of the Planning Commission except that Condition No. 4 was changed to read %. Time limit of three -years." ZE-76-69 The Clerk presented application for Zone Exception Permit Cox ZE-76-69, A. H. Cox and Company, 1720 Candlestick Lane, Newport Beach, for permission to allow rental and open storage of large construction equipment on C2 -zoned property at 2+60 Newport Boulevard; this operation will also include the rental of small equipment; also to allow a reduction of 6 spaces (17 provided and 23 required), together with the recommendation of the Planning Commission for approval subject to the following Special Requirement: 1. Shall meet all the requirements of the Certified Recommendations of the various City Departments, copy attached to the application and made ZE=76-69 a part thereof. William R. Snyder, 1720 Candlestick Lane, Cox Newport Beach, representing the applicant, asked the Council . (Continued) for approval of the application for a period of time greater than the three years recommended in Certified Recommendation No. 2. Edward Bulwin, 2460 Newport Boulevard, Costa Mesa, present tenant of the property, spoke from the floor. After discussion, upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, Councilman Tucker voting No, the application was denied. ZE-77-69 Presented was application for Zone Exception Permit ZE-77-69, Sunshine Community Sunshine Community Nursery School, Incorporated, Patricia A. Nursery School Mora, 1725 Gisler Avenue, Costa Mesa, for permission to operate a -nursery school for a maximum of thirty children five days per week at 2850 Fairview Road in an Rl zone from 9:00 a.m. to 11:30 a.m. for children age 2 years, 9 months through age 5 in an existing classroom of the Presbyterian Church of the Covenant. The Planning Commission recommended approval subject to the following special requirement: 1. Shall meet all the requirements of the Certified Recommendations of the various City Departments, copy attached to the appli- cation and made a part thereof. Gil Sklenar, 2899 Clubhouse Road, Costa Mesa, representing the applicant, asked that Condition No. 3'be deleted and if payment due on Condition No. 4 could be deferred until the last unit of the church was -constructed. After discussion, upon motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the application was approved subject to the recommendation of the Planning Commission except that Condition No. 3 was deleted, and Condition No. 4 was changed to read, "4. Pay the required water acreage fees in the amount of $750.00 (three acres at $250.00 per acre); payment to be split into three'equal payments of $250.00 each, first installment due one year from date of approval of the application, August 4, 1969, which would. make the first installment of $250:00 due August 4, 1970; 2nd installment of $250.00 due August 4, 1971; and 3rd and last installment due August 4, 1972. Checks to be made payable to the City of Costa Mesa, may be forwarded to the Engineering Department, City of Costa Mesa, 77 Fair Drive, Costa Mesa, California 92626". ZE-69-69.- The Clerk presented application for Zone Exception Permit Rothschild ZE-69-69; Peter B. Rothschild, 13454 Lakeland Road, Santa Fe Springs, for -permission to construct and operate a self- service, coin operated, gasoline service station on the southwest corner of 17th Street and Santa Ana Avenue, and to construct a 1,200 -square -foot commercial building in a Cl -S zone, together with the recommendation of the Planning Commission for approval subject to the following Special Requirement: 1. Shall meet all -the requirements of the Certified Recommendations from the various City Departments, copy of which is attached to the application and made a part thereof... Kenneth Gallegin, 1731 Pitcairn, Costa Mesa, speaking for the applicant, said that Conditions 3, 5, and 6 on the list of Certified Recommendations would cause a hardship. During discussion, Mr. Gallegin said that the owner of the property, George Regan, had agreed to Condition No. 3 if also in the agreement were included that at the end of the fifteen years, if the City did not require the land for a turn pocket, that the City would release him from his offer. Neal Irving, 12820 Studebaker Road, Norwalk, spoke for the applicant, requesting that Gas Tax Funds be used for construction contained in zE-69-69 Condition No. 5 and saying that the applicant would withdraw Rothschild his objection to Condition No. 6. After lengthy discussion, (Continued) upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the application was approved subject to the recommendation of the Planning Commission. Protest The Mayor inquired if anyone wished to speak on any item Oil Derrick in that was not on the agenda. Jim Hyams, 3088 Platte Drive, County Territory Costa Mesa, asked questions and protested the Occidental Oil Company oil testing derrick located off Paularino Avenue in County territory. Mrs. Patonia, 786 Paularino Avenue, Costa Mesa, objected strenuously: to the presence of the oil derrick and the all-night noise. Howard Patterson asked questions of the Council. Ted Bologh, 286 Del Mar, Costa Mesa, spoke from the floor.. During discussion the protestants were advised to also let the.Orange County Board of Super- visors know how they felt about any possible future oil derricks. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the Council directed that all possible be done.to have the oil company adhere to conditions imposed when the permit was approved by the County and when the Council approved the permit to allow the oil company to slant the drill under Costa Mesa land for corehole testing purposes, and also that the record of Council proceedings of the meeting of May 19, 1969, be searched for all details and conditions mentioned. Oil Drilling Councilman St. Clair suggested if any business concerning an oil well comes before the Council in the future that the Council should direct that notice be sent to residents of the surrounding area to,give them the opportunity to be heard. Live Entertainment On motion by Councilman Tucker, seconded by Councilman Wilson, Permit and carried, live entertainment permit was approved for Linda Linda Carol Seymour Carol Seymour, 3137 Garnet Lane, No. D, Fullerton, for a go-go dancer at Papa Joe's, 178+ Newport Boulevard. Jack Alen Stevens On motion by Councilman Tucker, seconded by Councilman Wilson, and carried, the following applications were held over to Frank Harold the meeting of August 18, 1969: Jack Alen Stevens, manager Showalter of Howard Johnsons, 2750 Harbor Boulevard, for a live entertainment permit; and Frank Harold Showalter, owner of a Lady Beautiful Massage Parlor, 2626 Newport Boulevard, for a massage parlor permit. Resolution 69-57 The City Manager presented a proposed resolution. Upon motion Santa Ana by Councilman Wilson, seconded by Councilman Jordan, Reso- River Levee lution 69-57, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO CORPS OF ENGINEERS WORK ON THE SANTA ANA RIVER; URGING EXPEDIENCY THEREFOR, AND PROVIDING FOR COPIES OF THIS RESOLUTION TO BE CIRCULATED TO OTHER CITIES, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Golf Course Report The Mayor said that copies of the report requested at the meeting of July 22) 1969, of the cost to the City of the Costa Mesa Municipal Golf and Country Club since its opening, had been distributed to the Council. Councilman Jordan explained golf course improvements listed in the report. 1 i 1 Golf Course Report Mr. Oman answered questions regarding the report. Council- (Continued)-. man Tucker asked if Mr.. Oman had any way of knowing what the operators had been able to do. Mr. Oman answered that he could prepare a report recapitulating all the golf course reports that he has. Adjournment On motion by Councilman Wilson, seconded econded by Councilman Pinkley, and carried, the meeting adjourned at 11:25 P.M. Mayor of the City of Costa Mesa, ATTEST: CIty Clerk of the City of Costa Mesa CP