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HomeMy WebLinkAbout02/16/1970 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 16, 1970 PART I The City Council of the City of Costa Mesa, California, met in regular session at 635 p.m., February 16, 1970, 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 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, Director of Public Works/City Engineer, Deputy City Clerk Minutes The Mayor asked if there were any corrections or additions February 2, 1970 to the minutes of the regular meeting of February 2, 1970, February 9, 1970 and the regular adjourned meeting of February 9., 1970, and there being none, the Mayor declared the minutes approved as distributed and posted. The Deputy Clerk presented for second reading and adoption, Ordinance 70-5, being AN. ORDINANCE OF THE CITY COUNCIL OF Ordinance 70-5 THE CITY OF COSTA MESA, CALIFORNIA, REPEALING ORDINANCE Held Over NO. 69-7 OF SAID CI.TY COUNCIL. Councilman Tucker said the Close -Out Sales committee to study the close-out sale ordinance had met and more time was needed. Upon motion by Councilman Tucker,, seconded by Councilman -Wilson,, and carried, Ordinance 70-5 was held over until the committee requests that it be brought back on the agenda. Upon motion by Councilman Wilson, seconded by Councilman Tucker, Ordinance 70-8, being AN ORDINANCE OF THE CITY Ordinance 70-8 COUNCIL OF THE CITY OF COSTA MESA, AMENDING SECTION 3+16.1 Adopted OF THE MUNICIPAL CODE OF TETE CITY OF COSTA MESA TO Speed Limits on ESTABLISH SPEED LIMITS ON FAIRVIEW ROAD FROM 300 FEET Fairview and NORTH OF McCORMACK LANE TO THE CITY LIMITS, AND ON Arlington ARLINGTON DRIVE FROM NEWPORT BOULEVARD .TO FAIRVIEW ROAD, was.given second reading by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St.'Clair NOES: Councilmen: None ABSENT: Councilmen: None On motion by Councilman Jordan, seconded by Councilman Ordinance 70-12 Wilson, Ordinance 70-12, being AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CHANGING THE ZONING OF R-19-69 LOT 11, BLOCK E. BERRY TRACT, FROM M1 TO R4 -CP, was given second reading by'title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None 1 1 n 1 1 I�� The Deputy Clerk presented from the meeting of February 9, Report -on Status 1970, the Report from the Director of Finance on the Status of.Receivables of Receivables and Recommendation. On motion by Councilman_ Director of Finance Jordan, seconded by Councilman Tucker, and carried; the Recommendation of the Director of Finance for the Status of Receivables was approved. Upon motion by Councilman Tucker, seconded by Councilman Resolution -70-17 Jordan, Resolution 70-17, being A RESOLUTION OF THE CITY Dual Grand Jury COUNCIL -OF THE CITY OF COSTA'MESA, CALIFORNIA, URGING ENABLING LEGISLATION TO PERMIT THE ESTABLISHMENT OF A DUAL -GRAND JURY SYSTEM IN ORANGE COUNTY., was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Deputy Clerk presented from the meeting of February 9, Traffic Volume -1970; the report on Traffic Volume Data System. The Data System Director of Finance explained the service to be offered to other cities_. Councilman•Wilson-said that when private enterprise was able to take over, the City should then retire from offering the service. On motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the Council approved the request.of the Finance Director to offer to other cities the data processing system on traffic volume. Mr. Don Phelps of the Electronic Data Processing Department Mayor and Clerk -to of the City of Costa Mesa requested that the Mayor and City Sign Future Clerk be authorized to sign future agreements on behalf of Agreements the City for the furnishing by the City of traffic volume Traffic Volume Data data to those entities requesting the service. On,motion by Councilman Jordan, seconded by Councilman St. Clair, and .carried, the request was approved. Bids Opened The Deputy Clerk said that the Clerk had opened bids on Bid Item 136 February 13,`1970, for Bid Item 136, One Heavy Duty Truck Truck Chassis Chassis. The following bids were received: NAME TOTAL International Harvester Company $ 41221.80 Theodore Robins, Incorporated 4,059.14 Kustom Motors 4,504.21 Kustom Motors 4,719.59 University Oldsmobile 4,236.00 The Deputy Clerk read a recommendation from the Purchasing Agent that the bid be awarded to Theodore Robins for $4,059.14 plus $47.40 for a vacuum reserve tank, as being the lowest responsible bid meeting specifications. On motion by Council- man Wilson, seconded by Councilman St. Clair, the contract Awarded was awarded to Theodore Robins, Incorporated, in the total amount of'.$4,106.'54 by the following roll call vote: AYES: Councilmen: Wilson; Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Bids Opened Bid Item -137 Aerial Lift The Deputy Clerk reported that the Clerk had opened February 13, 1970,,for Bid Item 137, One Aerial Lift Special Body. The following bids were received: TOTAL 11,300.00 12,058.61 7,959.38 11,420.00 NAME Casey -Metcalf Machinery Company Calavar Corporation Servis Truck Body Pitman Manufacturing Company I bids on with I The Deputy Clerk read the recommendation of the Purchasing Agent that the bids be held over to the meeting of March.2, Held Over 1970, to allow time for further evaluation. On motion by Councilman Jordan, seconded by Councilman St. Clair, and, carried, the bids were held over to the meeting of March 2, 1970. Bids Opened The Deputy Clerk said that bids had been opened on February 13, Bid Item 138 1970, for Bid Item 138, One 1970 4 -door, 6-passenger.auto- Automobile mobile.' The following bids were received: NAME AMOUNT University Oldsmobile $ 2,957.15 Atlas Chrysler 2,5+3.83 Worthington Dodge 2,87+.73 Theodore Robins Ford 2,509.77 Tommy Ayres Chevrolet 2,565.50 McPeek Chrysler -Plymouth 2,512.80 . The Deputy.Clerk read the recommendation of the Purchasing Agent that the bid be awarded to Theodore Robins for $2,509.77 as being the lowest, responsible bid meeting specifications. Upon motion by Councilman St. Clair, Awarded seconded by Councilman Jordan, the contract was awarded to Theodore Robins in the'amount of $2,509.77 by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St ..Clair NOES: Councilmen: None ABSENT: Councilmen: None Bids Opened The Deputy Clerk said that bids had been opened on February 13, Bid Item 139 .1970, for Bid Item 139, One 1970 Three -Wheel Street,Sweeper. Street Sweeper The following bids were received: NAME AMOUNT Dearth Machinery Company $ 13,575.00 A. M. Donaher and Son 12,569.00 R. J. Lison Company , 15,88+.00 The Deputy Clerk read the recommendation of the Purchasing Agent that the bids be held over to the meeting of March 2, 1970, to allow time for further bid evaluation. On motion Held Over by Councilman Wilson, seconded by Councilman Jordan, and carried, the bids were held over to the meeting of March 2, 1970• Written The Deputy Clerk presented a letter from Mrs. Albert Communications Kaufman, General Delivery, .522 North Central, Phoenix, Kaufman Arizona, requesting the.City's help to obtain a $50.00' deposit put dorm as a damage and cleaning deposit on an apartment at 2381-C Elden Avenue. On motion by Council-. man Pinkley, seconded by Councilman Wilson, and carried, the request was referred to the City Attorney for reply. The Deputy Clerk presented the following written communica- tions: letter from Attorney Jack Lincoln, 2 Union Bank Square, Orange, expressing appreciation for being appointed to the Crime Prevention Committee; from W. Robert Russell, Chairman of.the Board, The Sunday Mail, Incorporated, 1816 American Street, Anaheim, informing the Council that a stoporder has been put through to the appropriate dealer for Tempo newspaper not to be delivered to the - certain address of a complainant; letter to the Costa Mesa Park and Recreation District announcing that a meeting will be held,of local property owners on February 18, 1970, at the Canyon Street School regarding the possibility of holding an annexation election. City Clerk Arrives The City Clerk arrived at this point. 1 l] -1�3 . The City Clerk read. a letter from the County of Orange Local Agency Formation Commission, a statement of policy concerning annexation of islands, corridors, and penin- sulas of unincorporated territory within or between cities. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the preceding written communications were received and filed. The Clerk read a letter from Mrs. W. J. Neville, 236 Broadway, Sidewalk Draft Costa Mesa, requesting the Council to install sidewalks. Letter Upon motion by Councilman Wilson, seconded by'Councilman St. Clair, and carried, the staff was directed to prepare a draft form letter which explains the procedure for the formation of a sidewalk district, the draft letter to be distributed to the Council for their approval before being sent out to the public. The Clerk read a letter from Robert G. Beverly, California Flood Insurance Legislature Assembly Committee on Finance and Insurance, regarding Flood Insurance Program. On -motion by Councilman St. Clair, seconded by Councilman Wilson, and carried, the communication was referred to the City Attorney to come back to the Council with a recommendation. The Clerk read a letter from the City Council of the City of Westminster, urging support of their resolution request- ing the State Legislature of California to enact new or modify existing legislation to enable all non-political districts that serve areas of each other, whether coinciding or not, to be able to hold simultaneous elections. Upon motion by Councilman Wilson, seconded by Councilman Jordan, Resolution 70-18 Resolution 70-18, being A RESOLUTION OF THE CITY COUNCIL OF Simultaneous 'THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE STATE Elections LEGISLATURE TO ENACT NEW AND/OR MODIFY EXISTING LEGISLATION TO ENABLE NON-PARTISAN LOCAL AGENCIES AND DISTRICTS SERVING GENERALLY SIMILAR AREAS TO CONSOLIDATE ELECTIONS, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Fountain Valley. The Clerk read a letter from the Secretary of the Fountain School District Valley School District, requesting the Council to support the elimination of a proposed airpark in HOLF, Helicopter Helicopter Outlying Field, Mile Square, which is bounded by Warner, Outlying Field Edinger, Brookhurst, and Euclid Streets. Councilman Wilson made a motion to support the Fountain Valley School District, and the motion died for lack of a second. Upon motion by Councilman Tucker, seconded by Councilman Jordan, and carried, the request was held over for study to the meeting of March 2, 1970. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the following written communications were received and filed: Invitation to the Orange County Economic Forum to be held March 3, 1970, in Chapman'College Auditorium; announcement of a Shopping Center Development Conference to be held on February 20, 1970, at the University of California Riverside; Resolution of the Orange County Board of Supervisors urging support of all local govern- ment agencies in Orange County for the current expansion program of SCAG, the Southern California Association of Governments; from the Department of Public Works, State of California, informing the Council that the apportion- ment of $7+,123.00 is Costa Mesa's share of the federal TOPICS program; announcement that the Twelfth Annual History of Fiesta De Las Golondrinas will be held in San Juan Costa Mesa Capistrano March 16 through March 22, 1970; and a Ed Miller letter from the Costa Mesa Historical Society telling the Council that the Society had tabled the matter of the history of Costa Mesa written by,Ed. Miller until the. author is ready to make his decision. Permits On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application for business license was approved from Curb Addressing, Gerald Foust, 5943 Carl- ton Way, Number 3, Hollywood, for painting house numbers on curbs. On motion by Councilman St. Clair, seconded- by Councilman Wilson, and carried, the application for business license. was approved for Valov Disposal Company, William Valov, 2339 Montera Drive, Hacienda Heights, for.rubbish hauling and salvage. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the business license was ratified for Western Empire, Robert L. McGlynn, 348 Shaw Road, San Francisco, for distribution of soap samples on February 13 through February 20, 1970. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application for business license to have four pool tables at The Flame Room, Hedley E. LeBlanc, 1880 Monrovia Avenue, was approved. Upon motion by Councilman St. Clair, seconded by Council- man Jordan, and carried, the business license was approved. to have two pool tables at Libby's, 810 and 812 West 19th Street, Donald H. and Lillian E. Samson. The Clerk presented Notice of Intention to Solicit for Charitable Purpose from Children's Asthma Research Institute and Hospital, Pacesetter Chapter, Denver, Colorado, for door-to-door solicitation on March l through March 31, 1970. On motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the application was approved with Section 6914 J of the Municipal Code being waived. The Clerk presented Notice of Intention to Solicit for Charitable Purpose from Orange Coast College Young Republicans, for solicitation by mail of donations to finance monthly newsletter and various activities. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved with Section 6914 J of the Municipal Code being waived. Presented by the Clerk was an application for Notice of Intention to Solicit for Charitable Purpose from Muscular Dystrophy Association, Orange County Chapter, 1503 J Tustin Avenue, Santa Ana, for canisters and house-to- house solicitations from March 1 to March 31, 1970, and November 1 to November 8, 1970. Upon motion'by Council- man Jordan, seconded by Councilman St. Clair, and carried, the application was approved with Section 6914 J of the Municipal Code being waived. Councilman Wilson left the Council Chambers at this point. Presented by the Clerk was an application for Notice of Intention to Solicit for Charitable Purpose from American Cancer Society, Orange County Branch, 18356 Irvine Boulevard, Tustin, for neighbor -to -neighbor crusade from April 1 through June 1, 1970. On motion by Councilman Tucker, seconded by Councilman Jordan, and carried, the application was approved with Section 6914 J of the Municipal Code being waived. 1 1 1 4a, Permits The Clerk read the application from Costa Mesa -Newport (Continued) Harbor Lions Club, Incorporated, Post.Office Box 628, Costa Mesa, to hold the annual Fish Fry and Carnival on the dates of June 5, 6 and 7, 1970, at the Costa Mesa Park and on Park Avenue from West 18th Street to Center Street. On motion by Coundilman Pinkley, seconded by Councilman Tucker, and carried, the application was approved. The Clerk read the request from Orange County Doberman Pinscher Club of Southern California,_Richard Broten, 19182 Oriente Drive, Yorba Linda, to hold a puppy match at Costa Mesa City Park on April 5, 1970. On motion by Councilman Tucker, seconded by Councilman Jordan, and carried, the request was approved. The Clerk read the recommendation from the Director of Building Safety for refund on Building Permit 29812 .issued -to Clare R. Smith, 272 Costa Mesa Street, Costa Mesa, in the amount of $11.90. Upon motion by-Council- man yCouncil- man Jordan, seconded by Councilman St. Clair, refund in the amount of $11.9U -was authorized by the following roll call vote: AYES: Councilmen: Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Wilson Department Reports On motion by Councilman Jordan; seconded by Councilman St. Clair, and carried, the following departmental reports were received and filed: Clerk, for the number of claims for damages and appurtenant documents received and processed since the last Council meeting; Finance; Parks; Building Safety. Warrant On motion by Councilman St. Clair, seconded by Councilman Resolution 609 Tucker, Warrant Resolution Number 609 including Payroll Number 7003 was approved by the following roll call vote: AYES: Councilmen: Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Wilson Recess The Mayor declared a recess at 7:35 p.m., and the meeting reconvened at 7:50 p.m. PART II The,'City Council of the City of Costa Mesa,_ California, continued its regular session at 7:50 p.m., February 16, 1970, 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 Director of Public Works George Madsen. Councilmen Present: Tucker, Pinkley, Jordan, St. Clair Roll Call Councilmen Absent Wilson Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk Public Hearing The Clerk announced that this was the time and the place set License Revocation for public hearing for revocation of business license for Chamberlin Arthur B. Chamberlin, 132 -East 18th Street, Costa Mesa. .He also said that he had received a request from the Assistant City'Attorney for the public hearing to be continued to March 16, 1970, as requested by Mr. Chamberlin. Upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the public hearing was continued to March 16, 1970. 17 Public Hearing The Clerk announced that this was the time and the place., R-18-69 set for public hearing for Rezone Petition R-18-69, Edelsohn Alfred A. Edelsohn, 15117 Ventura Boulevard, Sherman Oaks, for permission to rezone property described as Lots 19, 20, 21 and 22, Tract 5475, and Lots 26 and 27, Tract 6260, from Rl to R2 -CP, located.in the general area between Corsica Park and the Harbor Rest Cemetery and between Coral Avenue' and Gibraltar Avenue. The Clerk read the recommendation of the Planning Commission for approval. The Mayor inquired if anyone -wished to speak. No one desiring to speak, the Mayor closed the public hearing. On motion by Councilman Ordinance 70-13 Jordan, seconded by Councilman St. Clair, Ordinance 70-13, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA First Reading MESA CHANGING THE ZONING OF LOTS 19, 20, 21 AND 22 OF Ambulance TRACT 5475, AND LOTS 26 AND .27 OF TRACT 6260 FROM Rl TO Regulations R2 -CP, was given first reading by title only and passed to second reading by the following roll call vote: AYES: Councilmen: Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Wilson Public Hearing The Clerk announced that this was the time and the place Ambulance set for public hearing for the proposed ordinance regulat- Regulations ing the use and operations of ambulances. The Mayor inquired if anyone wished to speak. Councilman Wilson Councilman Wilson took his place at the Council table at Returns this point. ZE-108-69- The Mayor ruled that the Council proceed to New Business, A -M Food Services Zone Exception Application ZE-108-69, A -M Food Services, Farrell's Ice Incorporated, in care; of John Elliott, 9886 Garden Grove Cream Boulevard, Garden Grove, for permission to construct and operate a Farrell's Ice Cream Parlour restaurant in a C1 -CP zone at 1673 Irvine Avenue. Planning Commission Councilman Jordan recommended denial. Councilman Jordan announced that he Abstains would abstain from all action and left the Council Chambers. The Clerk read communications opposed to the.. .granting of the application from the following: William D. Clancy, 453 Lenwood Circle; R. W. Roberts, 460 Lenwood Circle; R. 0. Riehl, 490 East 16th Street; Mr. and Mrs. John A. Coleman, 611 Aliso Avenue; Esther S. Lopez, 431 Lenwood' Drive; and Nancy Pearse, 466 Cambridge Circle. The Clerk said 1 Carlos G. Paladini of Schaefer's Ambulance, 2227 South Bristol Street, Santa Ana, spoke in favor of the proposed ordinance. No one else desiring to speak,the Mayor closed the public hearing. Councilman St. Clair read a letter from Police Chief Glavas of Newport Beach directing that persons injured in Newport Beach in all cases be taken to. Hoag Hospital unless the injured person requests otherwise. Councilman St. Clair said that the injured person should be taken to the nearest 24-hour emergency hospital. During discussion Police Chief Neth and Dan Watsak of Seal's Ambulance,'535 Center Street, Costa Mesa, spoke from the floor. .At the conclusion of discussion on the above - Ordinance 70-14 mentioned motion, Ordinance 70-141 being AN ORDINANCE OF First Reading THE CITY OF COSTA MESA ADDING TO CHAPTER VI OF THE COSTA Ambulance MESA MUNICIPAL CODE RELATING TO REGULATING THE USE AND, Regulations OPERATIONS OF AMBULANCES, received first reading by title only and passed to second reading by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None ZE-108-69- The Mayor ruled that the Council proceed to New Business, A -M Food Services Zone Exception Application ZE-108-69, A -M Food Services, Farrell's Ice Incorporated, in care; of John Elliott, 9886 Garden Grove Cream Boulevard, Garden Grove, for permission to construct and operate a Farrell's Ice Cream Parlour restaurant in a C1 -CP zone at 1673 Irvine Avenue. Planning Commission Councilman Jordan recommended denial. Councilman Jordan announced that he Abstains would abstain from all action and left the Council Chambers. The Clerk read communications opposed to the.. .granting of the application from the following: William D. Clancy, 453 Lenwood Circle; R. W. Roberts, 460 Lenwood Circle; R. 0. Riehl, 490 East 16th Street; Mr. and Mrs. John A. Coleman, 611 Aliso Avenue; Esther S. Lopez, 431 Lenwood' Drive; and Nancy Pearse, 466 Cambridge Circle. The Clerk said 1 ZE-108-69 that telephone messages had been received that the A -M Food Services following I were opposed: Carla Pacini, 267 Ogle Street; Farrell's Ice Cream Mr. and Mrs. Stieger, 457 Ogle Street; and Mrs. Bastedo, (Continued) 1665 Irvine Avenue, and the following tenants at the same address: Mr. and Mrs. Steve Macey; Mrs. Tilla Lee; Miss Dee Parry; Mr. and Mrs. Johnson; Mr. and Mrs. David Vaughn; and Mrs. Esther Haggberg. The Clerk read a report prepared by the acoustics consulting firm of Bolt, Beranek and Newman, Incorporated, on the noise study conducted at Farrell's Ice Cream Parlour, 5450 Canoga Avenue, -Woodland Hills. Ted C. Bologh, 286 Del Mar, Costa Mesa, said that he was for a master plan, a buffer zone, and free enterprise. The following people spoke in opposition: Bill Bastedo, 1227 Sussex Lane, Newport Beach; John Jensen, 407 East 16th Place; Mr. Agge Mills, 494 Ogle Street; Bob McLaughlin; 470 Cambridge Circle; Lynn Geronimi, 483 Ogle Street; Ted Pearse, 466 Cambridge Circle; Bob McNerney, 404 16th Street; C. H. McVay, owner of Hi -Time Liquor and LaCave Restaurant; Franz Hansen, partner of Hi -Time Liquor and LaCave Restaurant; Fred Sharmon, 431 Lenwood Drive; Betty DeLevene, 417 Lenwood Drive; Ed Lucas, 404 16th Street; John Still,473 Ogle Street. David Yarnal, 2583 Santa Ana Avenue, quoted from the Constitution of the United States of America and Thomas Jefferson. John Elliott, applicant, and Jack Farrar, president of A=M'Food Services, 2472 Napoli Way, Costa Mesa, and Max Hurwitz all spoke in support of the application. Calvin Zabori, 451 Cambridge Circle, asked a question of the Council. Mrs. Bastedo passed a petition to the Clerk containing 37 signatures opposed to rezoning the property where the ice cream parlour is proposed. She also handedto the Clerk a copy of a petition signed by four residents in the near vicinity of Farrell's Ice Cream Parlour in Point Loma, saying there was -noise and disturbance created by the ice cream parlour; and.a copy of.a letter signed by David L. Pelash, 3017 Orleans East, San Diego, saying that there was a parking.problem caused by Farrell's Ice Cream Parlour in San Diego. After discussion by the Council, on motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, Councilman Wilson voting No, and Councilman Jordan absent, the application was denied. The Clerk presented from the meeting of November 3, 1969, Ordinance 69-31 for second reading and adoption, Ordinance 69-31, being Denied AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, R-9-69 CHANGING THE ZONING OF A PORTION OF LOT 78, NEWPORT HEIGHTS TRACT, FROM Rl, SINGLE FAMILY RESIDENTIAL, TO Cl -CP, LOCAL Councilman Jordan BUSINESS DISTRICT -CONDITIONAL PERMIT. Councilman Jordan Returns returned to the Council Chambers. On motion by Councilman Tucker, seconded by Councilman St. Clair, second reading and adoption of Ordinance 69-31 was denied by the following roll call vote: AYES: Councilmen: Wilson, -Tucker., Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Councilmen: Jordan Recess The Mayor -declared a recess at 10:15 p.m., and the meeting reconvened at 10:25 p.m. with the Vice Mayor conducting Councilman Tucker the meeting, the Mayor still being present at the Council Absent table. Councilman Tucker was absent. The City Attorney said that Dean Lewis Imports had com- Dean Lewis Imports pleted the requirements under the bond on their moving Bond Exonerated permit. Upon motion by Councilman St. Clair, seconded by Councilman Pinkley, the Council exonerated the bond as rec- ommended by the City Attorney by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: Tucker John McDonald The City Attorney said that John McDonald, 136 Magnolia Claim Street, Costa Mesa, had -requested attention on a certain. claim he had registered with the City, and correspondence., had been received from the Great American Insurance Company indicating that they will reply to Mr. McDonald. Councilman Tucker Returns Councilman Tucker returned to the Council table. The Director of Public Works recommended the release of a S-12-69 portion of the cash bond for Parcel Map S-12-69, located Don Koll Company between Harbor Boulevard and Peterson Place, approximately 612 feet south of Adams Avenue, for Don Koll Company, Bond.Release Incorporated, 17755 Sky Park Circle, Irvine. On motion by Councilman St. Clair, seconded by Councilman Jordan, the Director of Finance was directed to pay $2+5.00 of the cash deposit toward Street Lighting fees, required in conditions of Parcel Map S-12-69, and the balance of the cash bond deposit in the, amount of $395.00 was authorized for release by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair_ NOES: Councilmen: None ABSENT: Councilmen: None Abandonment of The Director of Public Works recommended the bond release Sparks Street and in the amount of $8,000.00 for street improvements for Westminster Avenue Ogle Street and Westminster Avenue, as required by the Abandonment of Sparks Street and Westminster Avenue, Bond.Release Harold J. Osborne, Post Office Box 333,,Anaheim. Upon Osborne motion by Councilman Jordan, seconded by Councilman St. Clair, the'bond was authorized for release by the following roll call vote: AYES: Councilmen:. Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Director of Public Works recommended that the labor S-13-69 materials and performance bonds, secured to guarantee Van Riper street improvements on Parcel Map S-13-69, J. A. Van Riper, Bonds Released 1965 Parsons Street, Costa Mesa, located on Ford Road between Parsons Street and the alley west of Harbor Boulevard, be released. On motion by Councilman Pinkley, seconded by Councilman St. Clair, the bonds were released by the following roll call vote: AYES: Councilmen: Wilson,- Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None On motion by Councilman Jordan, seconded by Councilman Resolution 70-19 St. Clair, Resolution 70-19, being A RESOLUTION OF THE CITY Parking on West COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INCREASING 19th Street THE PARKING.TIME LIMIT ON A CERTAIN PORTION OF WEST 19TH STREET FROM 24 MINUTES TO ONE HOUR, was adopted by the following roll.call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None The Director of Public Works said that copies of a report Contract had been distributed to the Council on the status of Stanford Research TOPICS, and a copy of a proposed contract between the City Institute and Stanford Research Institute would soon be distributed to the Council for their study, to come up at the meeting of March 2, 1970. Encroachment The Clerk presented application for Encroachment Permit 44, Permit 44 Peter Rothschild, 12354 Lakeland Road,, Santa Fe Springs, Rothschild for permission to allow a free-standing pole sign in the City right of way.at the southwest corner of East 17th Street and Santa Ana Avenue at 295 East 17th Street." The' Clerk read the recommendation of the Planning Commission for.approval subject to the following conditions: 1. Sign shall be" no closer than 50 feet from ,the center line of East 17th. Street to the pole and no closer than.52 feet from the center line of Santa Ana Avenue to the pole; 2. A sign removal agreement has been filed with the City signed by the property owner and the applicant guaranteeing the removal of this sign when required by the City of Costa Mesa. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, the application was approved subject to the recommendation of the Planning Commission. 5-4-70 The Clerk presented'Tentative Parcel Map S-4-70, R. I. and Cozad F. M. Cozad, 392 East 19th Street, Costa Mesa, for permis- sion to divide property at that address into two parcels, together with the recommendation of the Planning Commission for approval subject to all the conditions in the Director of Planning's letter dated February 5,.1970.. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, Tentative Parcel Map S-4-70'was approved subject to the recommendation of.the Planning Commission. Back Bay No. 1 The City Clerk reported that the, results of the Special Annexation Election Annexation Election held February 3, 1970, on the question: "Shall 'Back Bay No. 1 Annexation" be annexed to the City of Costa Mesa?" had been canvassed and were as follows: Yes - 16; No - 38. He also said that the annexation pro ceedings had been terminated. .On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the canvass was approved. Right. -of Way Deed -On motion by Councilman St. Clair, seconded by Councilman Jordan, the following right of way deed was accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. -Clair NOES: Councilmen: None - ABSENT: Councilmen: None DATE NAME . FOR STREET 1-27-70 Margaret M. and Charles B. Lamperts Placentia Avenue ZE-99-69 Corrected The Clerk presented application for Zone Exception Permit Lowe- ZE-99-69; Corrected, for Ronald A. Lowe, Post Office Box 1043, Costa Mesa, for permission to encroach 16.2 feet into required 19.7 -foot rear yard setback and 1 -foot encroachment into required 5 -foot side yard setback for the purpose of constructing a dwelling unit over an existing two-car..,garage, in.an R2 zone at 353 La Perle Lane. Planning Commission recommended approval subject to the following special requirement: 1. Shall meet all of the requirements of the Certified Recommendations of the various City departments, copy attached to the application and made a part thereof: The -Vice Mayor inquired if anyone wished to speak. The applicant was not present. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission. ZE-11-70 The Clerk presented application for Zone Exception Paul Brecht Permit ZE-11-70, Paul I. Brecht, 17881 Gillman, Irvine, for permission to continue the use of a 14 -foot by 20 -foot greenhouse to the rear of 173 East Wilson Street for the ZE-11-70 purpose of growing rare and unusual orchids and allied Paul Brecht plants for potential resale at 1989 Harbor Boulevard with (Continued) no retail sales on the premises. This will actually be a home occupation. Planning Commission recommended approval for a 14 -foot by 20 -foot and a 9.5 -foot by 21.5 - foot greenhouse subject to the following special requirement:. I., Shall meet all the.special. requirements of the various City departments, copy attached to the application and .made a part thereof. The'Vice Mayor inquired if anyone objected to the application. No one objecting, motion for approval subject to the recommendation of the Planning Commission was made by Councilman Pinkley, seconded by Councilman St. Clair, and carried. ZE-13-70 The Clerk presented application for Zone Exception Stansell Permit ZE-13-70, Gordon Roy Stansell, 1721 Stonehenge, Tustin, for permission to build a triplex on each of two lots making a total of six units on 12,250.8 square feet of land area (one unit per 2,141.8 square feet of .land area) in an R2 zone located south of 18th Street on the west side of Anaheim Avenue,...together with the recommendation of the Planning Commission for approval subject to the following special requirement: 1. Shall meet all the special requirements from the various City departments, copy attached to the application and made a part thereof. The Vice Mayor asked -if anyone wished to speak. William Cullen, 1782 Kenwood Place, Costa Mesa,, told the Council that he objected to the proposed project. The applicant was present. Upon motion by Councilman Tucker, seconded by Councilman Pinkley, and carried, Councilman St. Clair voting No, the application was denied. ZE-14-70 The Clerk presented application for Zone Exception - Don Koll Company Permit ZE-14-70, Don Koll Company, Incorporated, 17755 Sky Park Circle, Irvine, for permission to construct a 301 -unit apartment complex in a proposed R4 -CP zone with setback deviations as shown on the Precise Plan; and to exceed the permissible building height as per Section 9290.2.4 of the Municipal Code, not to exceed -three stories, subject to the High Rise Standards, located on the southwest corner of Baker Street and the frontage road adjacent to Newport Freeway. Planning, Commission -recommended approval subject to the following special requirement: 1. Shall meet all the requirements of the Summary of Certified Recommendations, copy attached to the application and made a part thereof. No one desiring to speak, on motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the applica- tion was approved subject to the recommendation of the Planning Commission. The Clerk presented from the meeting of October 20, 1969, the request from Mr. and Mrs. John DeWitt Worcester, 2033 Republic Avenue, Costa Mesa, for return of.a land dedication at the rear of 485 East 17th Street, a twenty - foot strip, one hundred thirty! -two -feet long. Mr. Worcester spoke from the floor. After discussion by the Council the request.was denied on motion by Councilman St. Clair, seconded by Councilman Jordan, and carried. Escrow, Southern The City Manager recommended a six-month extension of the California District escrow between the City and Southern California District Council of Council of Assemblies of God, Incorporated. 'Upon motion Assemblies of God by Councilman Pinkley, seconded by Councilman Jordan, and carried, the request was granted. Petty Cash Fund ,On motion by Councilman Tucker, seconded by Councilman Increase St. Clair, the City Manager was granted permission to increase the petty cash fund from $250.00 to $500.00 by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Upon motion by Councilman Tucker, seconded by Councilman Resolution 70-20 Jordan, Resolution 70-20, being A RESOLUTION OF THE CITY Daily Pilot COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING THE DAILY PILOT AND ITS STAFF FOR DISTINGUISHED ACHIEVEMENT IN THE FIELD OF JOURNALISM,Jwas adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker,- Pinkley, Jordan, St. Clair. NOES: Councilmen: None ABSENT: Councilmen: None Resolution 70-21 Upon motion by Councilman Pinkley, seconded by Councilman Welcome Home Tucker, Resolution 70-21, being A RESOLUTION OF THE CITY Committee COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING Leisure World THE "WELCOME HOME COMMITTEE" FROM LEISURE WORLD FOR ITS UNSELFISH AND SPONTANEOUS GREETING OF RETURNING SERVICEMEN, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley,.Jordan, - St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Oral Communications The Vice Mayor'asked if anyone wished 'to speak on any item that was not on the agenda. Ted C. Bologh, 286 Del Mar, -Costa Mesa, asked questions,.and the Council and City Attorney explained the operation of the Golf Course. Adjournment The Vice Mayor adjourned the meeting at 11:25 p.m. 11016_4_1� Mayor of the City of Costa d'sa ATTEST: City Clerk of the City o osta Mesa