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HomeMy WebLinkAbout10/06/1969 - City Council1 11 d REGULAR MEETING OF THE CITY COUNCIL . CITY OF COSTA MESA October 6-, 1969 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., October 6, 1969, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor for the purpose of dis- cussion and debate on matters scheduled for Part II of the meeting and such actions as the Council desires to .take under Section 2203 of the Municipal Code,of the City of Costa Mesa. Roll Call Councilmen Present: Wilson, Tucker, St. Clair, Jordan, Pinkley Councilmen Absent:- None. . Officials Present: Assistant City Manager, City Attorney, City Clerk, Director of Public Works, City Engineer Minutes The Mayor asked if there were any corrections or additions September 15, 1969 to the .minutes of the regular meeting of September 15, September 22, 1969 1969, and the Minutes of the adjourned regular meeting - of September 22, 1969, and there being none., the Mayor declared the minutes approved as distributed and posted. Ordinance 69-24 On motion by Councilman Wilson, seconded by Councilman Adopted Jordan, Ordinance 69-24., being AN ORDINANCE OF THE CITY R-12-69 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 15 THROUGH 25 AND LOTS 34 THROUGH 39 OF TRACT 5+92, INCLUDING STREETS, FROM Al TO Rl, was - given second reading by title only and adopted by the following roll call vote:. AYES: Councilmen: Wilson, Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: - None ABSENT: Councilmen: None Ordinance 69-25 On motion by Councilman Jordan, seconded by Councilman Adopted Wilson, Ordinance 69-25, being AN ORDINANCE OF THE CITY Ft -13-.69 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF .LOTS 43 AND 44, NEWPORT HEIGHTS TRACT, FROM R2 TO I AND R, was given second reading by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen:. None ABSENT: Councilmen: None Ordinance 69-26 Upon motion by Councilman Wilson, seconded by Councilman Adopted Tucker, Ordinance 69-26, being AN ORDINANCE OF THE CITY Country Club'North COUNCIL OF THE CITY OF COSTA MESA ACTING AS THE BOARD OF to Recreation and THE COSTA MESA RECREATION AND PARK DISTRICT, APPROVING Park District THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO -THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE, KNOWN AS. "COUNTRY CLUB NORTH", was given second reading by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None is. Ordinance 69-27 Upon motion by Councilman Pinkley, seconded by Adopted Councilman Wilson, Ordinance 69-27, being AN ORDINANCE Drilling Test Holes OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, For Oil RELATING TO DRILLING OF TEST HOLES FOR OIL AND GAS OR OTHER HYDROCARBON EXPLORATION IN THE SUB -SURFACE TERRITORY IN THE CITY OF COSTA MESA, was given second reading by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None .ABSENT: Councilmen: None Written Communications The Clerk read a letter from Mr. R. C. Irvine, 20+9-A R. C. Irvine Wallace Avenue, Costa Mesa, requesting that action be Drainage Problem taken to correct the condition of flooding at that address which was caused by the raising of the street level in front of said property, and he also read a report from the Director of Public Works regarding the drainage matter on Mr. Irvine's property. Mr. Irvine spoke from the floor suggesting that the City set a sump pump in enclosed housing in his property that would auto- matically pump when water comes into the area. After discussion, upon motion by Councilman Tucker, seconded by Councilman Jordan, and carried,. the Directors of Building Safety and Public Works and the City Attorney . were directed to look into the cost and feasibility of a sump pump installation and report to the Council at the meeting of October 20, 1969. Frank E. Braze The Clerk read a letter from Mr. Frank E. Braze, 760-C Complaint - Harbor West Wilson Street, Costa Mesa, regarding malicious Assembly of God mischief practiced by young people attending the Harbor Church Assembly of God Church and Costa Mesa Christian School due to lack of proper fencing between residential - property and the church properties, and he also read a letter from Dave Leighton of the Costa Mesa Planning Department. The Mayor asked if Mr. Braze were present. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the Clerk was instructed to notify the writer of the letter to be present at the Council meeting of October 20, 1969. Swap Meets The Clerk read a letter from Thomas W. Henderson, Jr." Lippold, Henderson, and Dinsmoor, 350 East 17th Street, Suite 111, Costa.Mesa, as attorney for William Norton, requesting that he be notified in writing of the time and place for the next scheduled City Council meeting or Planning Commission meeting when swap meets will be on the agenda. The Mayor instructed the Clerk to notify Mr. Henderson when -this item has been placed on the agenda. The Clerk read a letter from Edward Koehn, Chief, Engin- eering Division, Department of Army, Los Angeles District, regarding the Council's letter to Chief of Engineers and Resolution 69-57 regarding Corps of Engineers' studies Santa Ana River for plans for improvement for the lower Santa Ana River in Orange County. Councilman St. Clair reported that work had begun on the Santa Ana River project in this area. A letter was read by the Clerk from Mr. Thomas Nelson, Costa Mesa Tomorrow President, Costa Mesa Tomorrow, Incorporated, Post Newport Freeway Office Box 63, Costa Mesa,. requesting that the California State Department of Highways be kept informed of local requirements and desires for access and design in the early planning stages of the Newport Freeway through Costa Mesa. On motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the communication was directed to the staff for study and report back at the meeting of October 20,-1969. Interviews for The Clerk read a,/letter from -Thomas E. Nelson, President, Selection of Costa Mesa Tomorrow, Incorporated', Post Office Box 63, Downtown .-Costa Mesa., -requesting that his organization be granted Developer permission to be present during the interview sessions the Council will hold prior to the selection of a re- development coordinator. The Council said that meetings will be held on October 7.and 14 in the -Council Chambers, with the Council and staff doing the interviewing, and anyone interested may be present. The Clerk read a letter from Helene K. Hollingsworth, League of Women President, Orange Coast League of Women Voters, 1790 Voters Pitcairn Drive, Costa Mesa, requesting that the Council declare October 24, 1969, United Nations Day in Costa Mesa. Councilman Wilson made a motion for the communi- cation to be received and filed, seconded by Councilman Jordan. After discussion, Councilmen Wilson and Jordan withdrew their motion and second. Councilman Tucker made a motion for the Council to declare October 24, 1969, United Nations Day. The motion was seconded by Councilman St. Clair, but failed to carry by the following roll call vote: AYES: Councilmen: Tucker, St. Clair NOES: Councilmen: Wilson, Pinkley, Jordan ABSENT: Councilmen: None The Clerk read a letter from Elmer T. Hornak, Dukane Motors, 201+ Harbor Boulevard, Costa Mesa, thanking the Council for approval of his request for placement of a larger trailer on his property for office purposes. The Clerk also read a resolution from Los Angeles County Boare of Supervisors regarding their action on suit against automobile manufacturers for air pollution caused by them and requesting that.governing bodies be invited to send representatives to observe hearings on the intervention action by Los Angeles County in Federal Court at Los Angeles on October 13, 1969. On motion by Councilman Resolution 69-68 Jordan, seconded -by Councilman Wilson, Resolution 69-68, Supporting.Los Angeles being .A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF County in Fight COSTA MESA, CALIFORNIA RELATING TO AIR POLLUTION AND Against Delay of SUPPORTING THE COUNTY OF LOS ANGELES AND THEIR PETITION Automobile Smog TO INTERVENE IN THE DEPARTMENT OF JUSTICE CASE RELATING Devices TO AIR POLZUTION, was adopted by the following roll call vote:,-' AYES: Councilmen: Wilson, Tucker, St. Clair, Jordan, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Alcoholic Beverage The Clerk presented the following copies of applications Control to the Department of Alcoholic Beverage Control: Oberndohfer Enterprises, Incorporated, 1979 Newport Boulevard, Costa Mesa, for transfer of an alcoholic beverage on -sale beer and wine license from a "42" Public is Alcoholic Beverage Premises to "41" Bona Fide Public Eating Place; Control Christina C. Allen, Robert S. Allen, Elsie M. Kershaw, (Continued) Frank A. Kershaw, Jean E. Nelson, Hugh N. Nelson,. Thomas R. Northup, 877 West 19th Street; for transfer of an on -sale beer and wine alcoholic beverage license from Brian F. Cameron, President, Saucy Swan, Incorporated; Transfer of alcoholic beverage on -sale license from Loretta B. Woodall and Wilburn R. Woodall, 2253 Harbor Boulevard, The Green Door, to Karl Ernest Kendall and Tomazine Kendall. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the copies of the applications were received and filed. Written The Clerk presented the following written communications: Communications Copy of a letter.to Local Agency Formation Commission from Executive Officer of that Commission, regarding proposed annexation to the Costa Mesa Sanitary District designated Engineer's No. 126; Copy of letter to Local Agency Formation Commission from their Executive Officer regarding proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 127; Letter from Orange County Local Agency Formation Commission to Costa Mesa Recreation and Park District regarding proposed Engineer's No. 127 Annexation to the Costa Mesa Sanitary District; Letter from Orange County Local Agency Formation Commission regarding proposed Engineer's No. 127 Annexation to the Costa Mesa Sanitary District; Letter from Orange County Local Agency Formation Commission regarding proposed Engineer's No. 126 Annexation to the Costa Mesa Sanitary District; Letter from Orange County Local Agency Formation Commission regarding proposed Annexation No. 10 to the Irvine Ranch Water District; Decision No. 76203 from the, Public Utilities Commission of State of California regarding Douglas Bus Lines, Incorporated, application for authority to extend:service area to serve the "Autonetics" Laguna Niguel Facility at 2+000 Avila Road, Laguna Niguel, California; Letter from City of Stanton, stating the City Council adopted a resolution similar to Costa Mesa Resolution 69-58, relating to Corps of Engineers' work on Santa Ana River; Letter from Orange County Local Agency Formation Commission regarding change in Local Agency Formation Commission meeting schedule during December, 1969; Letter from Resources Agency of California commending Costa Mesa for its progressive and enlightened effort to protect the public's interest in the shoreline; Letter from City of Seal Beach enclosing resolution of City of Seal Beach protesting expenditure of funds to implement the Orange County General Planning Program; Letter from City of Westminster enclosing copy of Resolution 11+8, urging the President and the Congress of the United States and all courts to take active steps to assure the American people freedom of religion and the basic right to express belief in God; Letter from Robert D. Hayward, Hayward Filter Company, 1673 Placentia Avenue, Costa Mesa, protesting vigorously any expansion of Edison facilities in Huntington Beach and elsewhere. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the communications were received and filed except the letter from Robert D. Hayward was held over, and Councilman Wilson is to investigate the problem of air pollution. Permits The Clerk presented an application for business license from Jim Garvey, Optimist Club, 862 East 18th Street, Optimist Club Costa Mesa, for permit for a circus, joint with John Strong Circus, at Harbor Shopping Center, 2300 Harbor Blvd., on October 26, 1969; and a letter from the Director of Planning stating that no objection is offered on the condition that all driveways surrounding the circus area remain unblocked, and that there be no deviation from the precise location as shown on the plot plan, and any change in location in the center should be re-evaluated by the Planning staff. On motion by Councilman Wilson, seconded by Councilman Jordan, the application was approved with one half of the fee being waived and being subject to the recommendation of the Director of Planning. The Clerk presented application for business license from Roy and Roy Watkins, for R and R Pawn Shop at 756 West 19th Street, Costa Mesa. On motion by Councilman.Jordan, seconded by Councilman St. Clair, and carried, the application was approved. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application for business license from Harrison S. Perryman, 1930-32 Placentia Avenue, Costa Mesa, for two pool tables at the Playpen, same address, was approved. The Clerk presented an application of Notice of Intention to Solicit for Charitable Purpose from Orange County Chapter, the National Foundation -March of Dimes, 1303 South Main Street, Santa Ana, by mail, coin collectors, Mothers' March, special events, personal contact, from January 1 through 31, 1970. Upon motion by Councilman _ Wilson, seconded by Councilman Jordan, and carried, the application was approved with Section 691+ J of the Municipal Code being waived. The Clerk presented Notice of Intention to Solicit for Charitable Purpose application-, along with letter from United Nations Association of the United States of America, Coastline Chapter, for UNICEF, 118 East Ocean Front, Balboa, for church groups, youth organizations, and others under the supervision of parents and adult leaders to conduct house-to-house solicitation on Halloween, "Trick or Treat for UNICEF", October 26 and 31, 1969, without waiver of Section 6914-J bf the Municipal Code. Mrs. Henry Elder, 118 East Ocean Front, Balboa, Chairman of the Trick or Treat fund drive, spoke to the Council. The application was held over to later in the meeting to allow the Director of Finance to search previous records. Later, during Part II of the meeting on motion by,Councilman Tucker, seconded by Councilman Jordan, and carried, Councilman Wilson voting No, the application was granted with Section 691+-1 of the Municipal Code being waived and subject to the condition that children under 12 years of age be off the streets by 7 p.m. and that children over 12 years of age be allowed to solicit before and later than 7 p.m., all children to be supervised by adults. The clerk presented application for Notice of Intention to solicit for Charitable Purpose from A1sac-St. Jude Children's Research Hospital, 5120 Hollywood Boulevard, Hollywood, California, for November 14 through 22, 1969, daylight hours only, by door-to-door solicitation by teenagers. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the application was approved with Section 691+-1 of the Municipal Code being waived. Refund The Clerk presented a request from Viking Automatic Viking Automatic Sprinkler Company, Post Office Box 1876, Newport Beach, Sprinkler Company for refund of deposit for building permit fee of $51.00 on Permit 29504, for sprinklers to be installed'at the Mesa Verde Country.Club, together with a recommendation from the Director of Building Safety that $43.35, or 85 percent of the fee, be refunded. On motion by Councilman Wilson, seconded by Councilman Jordan, refund in the amount of $43.35 was authorized by the following roll call vote: AYES: Councilmen: Wilson, Jordan, .Tucker, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None The Clerk presented application to Solicit for Charitable Purpose from Orange County Epilepsy Society, 200 West Washington Avenue, Santa Ana, to conduct a door-to-door drive with volunteers soliciting their own blocks from November l through 30, 1969. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the application was approved with Section 6914-1 of the Municipal Code being waived. Departmental Reports . Upon motion of Councilman Jordan, seconded by Councilman St. Clair, and carried, the following departmental reports were received and filed: Clerk, for the number of claims received since the last Council meeting; Fire; Streets and Parkways; Finance, for the number of non-profit permits issued during the month of September; Building Safety; Police, for the month of August; Traffic. Warrant Upon motion by Councilman Wilson, seconded by Councilman Resolution 594 Jordan, Warrant Resolution No. 594 was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Councilmen: St. Clair Warrant Upon motion by Councilman Wilson, seconded by Councilman Resolution 595 Jordan, Warrant Resolution No. 595 including Payroll Nos. 6919 and 6920 was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Councilmen: St..Clair Warrant Upon motion by Councilman Wilson, seconded by Councilman Jordan, Chamber of Commerce the expenditure of.$1,000.00 was approved for the purchase Maps of maps to be put out by the Chamber of Commerce by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, Pinkley NOES: Councilmen: None ABSENT: Councilmen:. None ABSTAINING: Councilmen: St. Clair Recess The Mayor declared a recess at 7:50 P.M. 1 Part II The City Council of the City of Costa Mesa, California, continued its regular session at 8:00 p.m., October 6, 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 Director of Public Works George Madsen. Roll Call Councilmen Present: Wilson, Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: None Officials Present: Assistant City Manager, City Attorney, City Clerk, Director of Public Works, City Engineer Interviews for The Mayor announced that the Council will be meeting in Selection the Council Chambers at 7.:30 P.M. on October 7 and 14, Downtown Developer .1969, for; the purpose of interviewing firms to be hired to do a study for the downtown section of Costa Mesa redevelopment. The public maybe present if interested, but interviewing to be done by the Council and staff only. Interviews to be The Mayor announced that on October 13 the Council will Held for New meet in closed personnel session to interview applicants Planning for the place vacant on the Planning Commission made Commissioner by the.resignation of Don Hout. Students --Southern The Mayor introduced three students from Southern California California College College who volunteered to distribute agendas at the Council meeting. Public Hearing The Clerk announced that this was the time and the place Abandonment of for the public hearing for the proposed abandonment of a Westminster Avenue Specific Plan for a portion of Westminster Avenue, between Knox Place and Sixteenth Street. No one desiring to speak, the Mayor closed the public hearing. Upon motion by Councilman Jordan, seconded by Councilman Tucker, Resolution 69-69 Resolution 69-69, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ABANDONING A SPECIFIC PLAN FOR A PORTION OF WESTMINSTER AVENUE LYING BETUEEN KNOX PLACE AND SIXTEENTH STREET, was adopted by the follo5•ring roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Clerk announced that this was the time and the place 2-14-69 for the public hearing for Rezone Petition R-14-69, Costa Mesa Planning Commission, for permission to rezone property at 301 Magnolia Street from Rl, Single Family Residential District, to I and R, Institutional and Recreational District. No one desiring to speak, the Mayor closed the public hearing. Upon motion by Councilman Wilson, seconded by Councilman St. Clair, Ordinance 69-28, being Ordinance 69-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA First Reading MESA CHANGING THE ZONING OF PORTIONS OF TRACT N0. 505 AND TRACT NO. 711 FROM R1 TO I AND R ZONING, was given first by title only and passed to second reading by the _reading following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 69-29 The City Attorney explained a proposed ordinance. On First Reading motion by Councilman St. Clair, seconded by Councilman Documentary Jordan, Ordinance 69-29, being AN ORDINANCE OF THE CITY Stamp Tax COUNCIL OF THE CITY OF,COSTA MESA, CALIFORNIA, AMENDING PORTIONS_ OF ARTICLE 9, CHAPTER II, OF THE ADMINISTRATION PORTION OF THE COSTA MESA MUNICIPAL CODE RELATING TO DOCUMENTARY STAMP TAX, was given first reading by title only and passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Urgency The City Engineer said that the Traffic Commission recom- Ordinance 69-30 mended from their meeting of September 24, 1969, the Four Way Stop at installation of a four-way stop at the intersection of Gisler and Gisler Avenue and California Street. Upon motion by California Councilman Jordan, seconded by Councilman Tucker, Urgency Ordinance 69-30, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING FOUR-WAY STOP SIGNALS AT THE INTERSECTION OF CALIFORNIA STREET AND GISLER AVENUE, was adopted by the following roll call vote: Study for Estab- The City Engineer recommended the establishment of an lishment of AYES: Councilmen: Wilson, Jordan, Tucker, St. Clair, pave a public alley in the 300 Assessment District Pinkley and Magnolia Street. On motion NOES: Councilmen: None by Councilman Wilson, seconded by Councilman ABSENT: Councilmen: None Magnolia and Construction of The City Engineer recommended that the contract be awarded Broadway Picnic Area No. 2, for the Construction of Picnic Area No. 2, Charles W.' TeWinkle Park TeWinkle Memorial Park to the low bidder, Valley Crest Awarded Landscape, Incorporated. Upon motion by Councilman Jordan, seconded by Councilman Wilson, the contract was awarded to Valley Crest Landscape, Incorporated, in the amount of $25,714.00 by the following roll call vote: AYES: Councilmen: Wilson,.Jordan, Tucker, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None The City. Engineer presented Change Order No. 1 for the construction -of Picnic Area.No. 2 for Charles W. TeWinkle Memorial Park, a reduction of $2,854.90 from the total Change Order No. 1 contract price. After discussion, the.Council decided Picnic Area No. 2 to leave the larger and more costly plants and trees in TeWinkle Park the original contract, and upon motion by Councilman Jordan, seconded by Councilman Wilson, Change Order No. 1 was approved, at a reduction of $2,256.00, from the total contract price by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Study for Estab- The City Engineer recommended the establishment of an lishment of assessment district to pave a public alley in the 300 Assessment District block between Broadway and Magnolia Street. On motion Alley Between by Councilman Wilson, seconded by Councilman Jordan, the Magnolia and City Engineer was instructed to proceed with a study for Broadway the establishment of a 1911 Act Improvement District. Completion Date -The City Engineer recommended that the time be extended Extended so that the completion date will be December 15, 1969, Wilson Street From- on the contract for the Improvement of Wilson Street from Harbor to College 500 Feet 'West of Harbor Boulevard to College Avenue. On motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the time extension was granted as requested. Change Order No. 1 On motion by Councilman Wilson, seconded by Councilman Arlington_From Jordan,. the contract completion date was extended to Fairview to October 23, 1969, and Change Order No. 1, a decrease in Newport cost of $155.40, to the contract for the Improvement of Arlington Drive From Fairview Road to Newport Boulevard, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Cost Increase - On motion by Councilman Jordan, seconded by Councilman Engineering Ser- St. Clair, the cost of the agreement for engineering vices, Placentia services -for Placentia Avenue From Wilson Street to 300 Avenue From Wilson Feet North of Joann Street was increased by $960.00 by to North of Joann the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Completion Date Extended- Street Upon motion by Councilman Jordan, seconded by Councilman Lighting. on Bear- Pinkley, and carried,.the contract completion date was between Sunflower extended to October 15, 1969, for the Street Lighting and San Diego on Bear Street Between Sunflower Avenue and the San Freeway Diego Freeway. John W: Worcester The Clerk read a request from Madeleine C. and. John Request Alley DeWitt Worcester, 2023 -Republic Avenue, Costa Mesa, for Dedication Be return of a land dedication located at the rear of 485 Returned East 17th Street, a twenty -foot strip, one hundred thirty-two feet long. Mr. Worcester spoke from the floor. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the request was held over to the meeting of October 20, 1969, to be placed on the agenda after Rezone Petition R-9-69, Max Hurwitz. Agreement Upon motion by Councilman Wilson, seconded by Councilman H. Harold Ely Jordan, the Council approved the renewal of a two-year Handwriting agreement with H. Harold Ely for handwriting analysis Analysis. services for the Police Department. The Clerk read a request from Mr. R. W. Wright, real Texaco Oil estate agent with Texaco Oil, that right of way dedication requirement be waived in connection with the remodeling_ of an existing Texaco service station located on the Dedication northeast corner of Harbor Boulevard and Wilson Street Requirement at 2252 Harbor Boulevard. The Mayor inquired if a repre- sentative were present. No one being present, on motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the request was held over to the meeting of October 20, 1969, and the Clerk is to notify the applicant ' to have representation present at that meeting. Set For Public The Clerk read the request of Herman R. Tate, Yellow Cab Hearing of Newport and Costa Mesa, Incorporated, for increase in Yellow Cab taxi cab rates in the City of Costa Mesa. On motion by Councilman Wilson,_seconded by Councilman Jordan, and carried, the request was set for public hearing at the Council meeting of October 20, 1969, at 7:30 p.m., or as soon thereafter as practicable. Set For Public On motion by Councilman Wilson, seconded by Councilman Hearing Jordan, and carried, the following Rezone Petition R-9-69 was set for public hearing at the meeting of October 20, 1969, at 7:30 p.m., or as soon thereafter as practicable: R-9-69, Hurwitz R-9-69, Max Hurwitz, 1673 Irvine Avenue, Costa Mesa, for permission to rezone property at that address from R.1, Single Family Residential, to Cl -CP, Local Business District -Conditional Permit. LJ The Clerk read a letter of resignation from Ralph F. Martin, 1931 Newport Boulevard, Costa Mesa, from the board of Parking District No. 1. He also read a letter from J. C. Hunphries, Humphries Jewelers, 1823 Newport Vehicle Parking Boulevard, Costa Mesa, making application for the vacancy District No. 1 on the board. The Mayor expressed regret that Mr. Martin resigned because he was no longer in the immediate area Ralph F. Martin and expressed appreciation for his service. Upon motion Resigns by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the Council accepted the resignation of Mr. Martin and appointed J.•C. Humphries to the board of J. C. Humphries Vehicle Parking District No. 1, and the Clerk was Appointed instructed to prepare a letter for the Mayor's signature expressing appreciation to Mr. Martin for his service. The Clerk presented the recommendation from the Traffic Commission that the Council authorize the removal of the South Crosswalk at south crosswalk at the intersection of Newport and Harbor Newport and Harbor Boulevards. The Mayor said that requests had been re- ceived from Downtown Costa Mesa and Costa Mesa Tomorrow that action be held over. On motion by Councilman Jordan, seconded by,Councilman Wilson, and carried, the recom- mendation was held over to the meeting of October 20, 1969. Tentative The Clerk read a letter from Frank Nobles, Jennings, Tract 6663 Halderman, Hood, 1833 East Seventeenth Street, Suite'200, Santa Ana, requesting that Tentative Map of Tract 6663 One Year be extended for one year. This tract is located south of Extension Adams Avenue, east of Tract 5781, and west of Mesa Verde Drive East,.to be. divided into 220 lots. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the Map of Tentative Tract 6663 was approved for an extension of one year. The Mayor announced that the time limit for filing appli-. Crime Prevention cations for the Crime Prevention Commission would be Commission October 15, 1969, and after that date the Council would evaluate the applicants and make a decision in two or three weeks. Set For Public On motion by Councilman Wilson, seconded by Councilman Hearing Jordan, and carried, the following Rezone Petition R-9-69 was set for public hearing at the meeting of October 20, 1969, at 7:30 p.m., or as soon thereafter as practicable: R-9-69, Hurwitz R-9-69, Max Hurwitz, 1673 Irvine Avenue, Costa Mesa, for permission to rezone property at that address from R.1, Single Family Residential, to Cl -CP, Local Business District -Conditional Permit. LJ Right of Way Deeds Upon motion by Councilman Jordan, seconded by Councilman Wilson, the following right of way deeds were accepted and ordered to be placed on record by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 9-26-69 Don S. Mozley, Tax Collector Paularino Avenue 9-23-69 Newport Mesa Unified School District Iowa Street 9-25-69 Nancy Astor East 17th Street 8-21-69 Olga'B. and Alexander L. McVicker Placentia Avenue 91_30=69 Dorothy E. and James J. Brehany, Jr. Bay Street 9- 2-69 Gordon L. Hawkins Placentia Avenue 10- 2-69 Mayer Construction Company Victoria Street ZE-58-69 The Clerk presented application for Zone Exception Permit Morco Investment ZE-58-69, Morco Investment Company, 727 West 7th Street, Los Angeles, for permission to construct a walk-in theater with a maximum capacity of 500 seats with no on-site parking at 1885 Harbor Boulevard in a C2 zone, together with the recommendation of the Planning Commission for denial. No one was present representing the applicant. Upon motion by Councilman Jordan,'seconded by Councilman Wilson,and carried, the application was denied. ZE-86-69 The Clerk presented Zone Exception Application ZE-86-69, Costa Mesa Corrected, Costa Mesa Grange No. 612, 2144 Thurin Street, Grange Costa Mesa, for permission to continue the use of R2 property at that address for a grange meeting hall and to allow an encroachment of 12 feet into required front yard setback of 50 feet from the center line of existing Thurin Street for an addition to the existing building, 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 Recom- mendations of the various City Departments, copy attached to the application and made a part thereof. The Mayor asked if anyone wished to speak. Owen C. Ankeny, representing the Grange, and Robin Garrett, 2+32 Newport Boulevard, Costa Mesa, requested that Conditions 7 and 9 on the list of Special Requirements be waived. Upon motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the application was approved with Conditions 7 and 9 of the Special Requirements list waived. zE-89-69 The Clerk presented application for Zone Exception Permit Pierson ZE-89-69, Thelma Grace Pierson, 162 21st Street, Costa Mesa, for permission to"operate a beauty shop in the home at that address in an R2 zone by appointment only as a home occupation. There will be no employees. The Clerk read 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 departments'of the City, copy attached to the application and made a part thereof. The applicant was present. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the application was approved subject to the recommendation of the Planning Commission. ZE-90-69 The Clerk presented the application for Zone Exception Leighton Permit ZE-90-69, Carol Rives Leighton, 3105 Loren Lane, Costa Mesa, for permission to allow a home occupation in an Rl zone at that address to give piano instructions in the home. The Mayor inquired if anyone wished to speak. No one desiring to speak, motion for approval subject to the recommendation of the Planning Commission was made by Councilman Wilson, seconded by Councilman Tucker, and carried. ZE-91-69 The Clerk presented application for Zone Exception Permit United Savings ZE-91-69, United Savings and Loan Association of California, and Loan 9800 South Sepulveda Boulevard, Los Angeles, for permis- sion to allow deviations in C2 and Al zones on Lots 1 through -49, Tract 6508, as follows: (1) Lot area reduction of a minimum of 4,100 square feet; (2) Lot widths of not less than 40 feet except for Lots 24 through 27, which are as indicated on the tract map; (3) Side yard setbacks of not less than 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 this application (a transfer of ownership from F. B. Roane, ZE-15-69-Amended). He read the recommendation of the Planning Commission for approval subject to the following Special Requirement: 1. Subject to all the conditions imposed on the original Zone Exception Permit ZE-15-69. The Mayor inquired if anyone wished to speak. Councilman Tucker said that he objected to a thirty-three percent deviation on a Zone Exception Permit. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, Councilman Tucker voting No, the application was approved subject to the recommendation of the Planning Commission. ZE-92-69 The Clerk presented application for. Zone Exception Edelsohn Permit-ZE-92-69, Alfred A. Edelsohn, 237 East Olive Avenue, Burbank, for permission to construct twenty duplexes, one duplex on each of 20 lots in Tentative Tract 6261; revised to meet the CP standards in an R2 -CP zone; also to permit an encroachment of 17.95 feet'into the required 33.20 -foot rear yard setback measured from the center line of alley (5 -foot, 3 -inch rear setback to property line) on Lots 1 through 6 only, and also to permit an encroachment of 10 inches- into the required 19.x+ -foot rear yard setback ori Lots 7 through 20 in said tract located west of Harbor Boulevard, north of Corsica Place. The Clerk read 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 a part thereof. The Mayor inquired if anyone wished,to speak. Raymond B. Totah, 3098 Cassia Avenue, Costa Mesa, owner of property at 3098, 3102, and 3106 Cassia Avenue, objected to the encroachment of 17.95 feet and said it would make additional congestion in the area. Mr. Edelsohn, applicant, spoke in support of his application, and said that the encroach- ment was toward the alley and not toward Mr. Totah's fourplex. Ben Selbst, 309+ Mesa Avenue, Costa Mesa, owner of property immediately adjacent to the applicant's property, objected that there was no way of the City notifying him of the public hearing for rezoning the property because the property was in the process of changing 1 1 1 1 1 i ZE-92-69 owners. TheDirector of Planning explained that the (Continued) notification went to the ownersof record listed in the Orange County Recorder's Office. Mr Selbst objected to overbuilding and requested a traffic study of the area because of a traffic problem. The Council explained that in addition to postcard notices being mailed to owners of record, also notices are posted in the area, and legal notices arepublished in the newspapers .telling of the application for a zone change and the date on which the application is to be heard. Donald E. Smallwood, 1981 Kornat Drive, Costa Mesa, speaking for the Mesa Verde Homeowners Association, said that the association was in favor of the proposed development. After discussion, upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the appli- cation was approved subject to the recommendation of the Planning Commission. The Clerk presented the request from the Costa Mesa Planning Commission that the City Council direct the Problems City staff, through the City Attorney's Office, to make Investigated a thorough investigation of all the problems involved Tract 6260 in the - area of Tract 6260, located west of Harbor Boulevard, in the general area of Caraway Drive and Corsica Place and between Coral and Mace Avenues. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the request was granted. ZE-93-69 Keeler ZE-94-69 Bregozzo ZE-95-69 Browne The Clerk presented application for Zone Exception Permit ZE-93-69, William H. Keeler, 526 Center Street, Costa Mesa, for permission to have a storage lot at that address in a C2 zone to accommodate average -size campers, boats, and trailers, together with the recom- mendation of the Planning Commission for approval subject to the following Special Requirement: Shall meet all the requirements of the various departments of the City, copy attached to the application and made a part thereof. The Clerk read a letter opposing the proposed use of the property from Costa Mesa Tomorrow, Incorporated. The Mayor inquired if anyone wished to speak. William H. Keeler, 2976 Mindanao, Costa Mesa, applicant, spoke from the floor. After discussion, upon motion by Councilman Wilson, seconded'by Councilman Jordan, and carried, the application was approved for one year subject to the' recommendation of the Planning Commission. The Clerk presented application for Zone Exception Permit ZE-94-69, Rene Joseph Bregozzo, 255 Sherwood Street, Costa Mesa, for permission to teach violin and piano in the home,at that address in an R1 zone as a home occupation, by appointment only; week days, 5:30 p.m. to 8:30 p.m.; Saturdays, 8:30.a.m. to 5:00 p.m. He read a notice that the attorney for the applicant had requested that the permit application be referred back to the Planning Commission. Upon motion by Councilman Jordan,'seconded by Councilman Pinkley, and carried, the application was referred back to the Planning Commission as requested by the applicant. The Clerk presented application for Zone Exception Permit ZE-95-69, Robert Walter'Browne, 395 Victoria Street, Costa Mesa, for permission to do sewing in the home at that address in an R2 zone as a home occupation, together with the recommendation of the Planning Commission for approval subject to the following Special Requirements: 1. No signs and no employees; 2. Time limit of two years, subject to 9 ZE-95-69 review at that time. The Mayor inquired if anyone wished (Continued) to speak. No one desiring to speak, upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission. C-26-66 The Clerk presented application for Conditional Use Melvin Genser Permit C-26-66, Melvin Genser Signs, Incorporated, 5321 Signs Vineland Avenue, North Hollywood, for permission to maintain existing double face, directional sign, 20 -foot by 80 -foot, to advertise first sale of new homes for Mesa Verde Realty, Republic Homes in Mesa Verde and Country Club Villas in Mesa Verde, at 3002 Harbor Boulevard, a Cl zone, together with the recommendation of the Planning Commission for withdrawal. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the - application was withdrawn. The Assistant City Manager presented a proposed resolution. Upon motion by Councilman Wilson, seconded by Councilman Resolution 69-70 Jordan, Resolution 69-70 being A RESOLUTION OF THE CITY Pay Rates for City COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING RATES OF Employees PAY FOR CITY EMPLOYEES UNDER THE BASIC PAY SCHEDULE AND ESTABLISHING RATES OF PAY FOR CITY EMPLOYEES NOT PLACED UNDER THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Bids Called The Assistant"'City Manager presented specifications for Bid Item 130 Bid Item 130, 3/4 -Ton Pick -Up Truck. Upon motion by 3/4 -Ton Councilman Jordan, seconded by Councilman Wilson, and Pick-up Truck carried, the specifications were approved and author- ization was granted, to advertise for bids to be opened at 11:00 a.m. on October 31, 1969. The Assistant City Manager read a letter from Stanley E. Krause, Department of Real Property Services, County of Orange, requesting if property to the east of the City Hall Court House Site would-be,available for a Court site if and when the City receives title to it. Upon motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the request was referred to the staff and the committee for study. The.Assistant City Manager said that he had received a. Costa Mesa letter from Lewis G. Kidder, President, Costa Mesa Businessmen Businessmen's Association, 1839 Newport Boulevard, Costa Mesa, requesting the City.to help obtain an encroachment Encroachment permit from the State Division of Highways for the ,Permit for purpose of installing Christmas decorations going across Christmas and overhead on Newport Boulevard and also requesting Decorations that the City place poles, to be purchased by the assoc- iation, in cement if the encroachment permit is granted by the State. Upon motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, the request was referred to the staff. Corsica Park to The Assistant City Manager said that the City Attorney Recreation and recommended that the City deed Corsica Park to the Park District Recreation and Park District. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, Corsica Park was deeded to the Costa Mesa Recreation and Park District 1 Corsica Park in consideration of the sum of $1.00 by the following (Continued) roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, St. Clair, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Roy Erickson The Assistant City Manager said that a letter had been Appointed to received from the Chairman of the Beautification Committee Beautification recommending that Right of Way Agent Roy Erickson be appointed Committee to the committee because of the vacancy caused by Bob Pedersen's leaving the employ of the City. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, Roy Erickson was appointed to the Beautification Committee. TOPICS Report The Assistant City Manager presented a report made by the Director of Public Works on the subject of TOPICS, Traffic Operations Program for Increasing Capacity and Safety. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the report was held over for study for thirty days. On motion by Councilman Jordan, seconded -by Councilman Wilson, and carried, the City Manager was granted City Manager to permission to leave the State for.the month of October be Absent to attend the Noise Abatement meeting in Washington, the International City Managers' Association meeting in New York, and to take his annual vacation. The Director of Public Works said that right of way was Appraisal of Right needed along Newport Boulevard by the State at TeWinkle of Way, TeWinkle Park for street widening purposes. After discussion, Park upon motion by Councilman Jordan, seconded by Councilman Newport Boulevard Tucker, and carried, the staff was instructed to investigate costs of obtaining an appraisal of the land needed by the State. Oral Communications The Mayor inquired if anyone wished to speak on any item Don Smallwood that was not on the agenda. Don E. Smallwood asked questions of the Council regarding the Santa Ana River project. Ted Bologh Ted C. Bologh, 286 Del Mar Avenue, Costa Mesa, spoke from the floor. Adjournment On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the meeting was adjourned at 10:10 p.m. to 7:30 P.M. on October 7, 1969. The Council then reconvened in personnel session. Personnel Session In the closed personnel session the Council heard the appeal of Richard Reese from the decision of the City Manager regarding compensation. After hearing the evidence, on motion duly made and seconded, the Council upheld the City Manager. I yor of the City of Cosr a Mesa ATTEST le�� .City Clerk of the City of Costa Mesa