Loading...
HomeMy WebLinkAbout12/21/1970 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL December..2.1, 1970 PART I The City Council of the City of Costa. Mesa, California, met in regular session at 6:30 p.m., December 21, 1970, at the City Hall, 77 Fair Drive, Costa Mesa. The meeti was called to order by the Mayor for the purpose of discussion and debate on matters scheduled and such act as the Council desires to take under Section 2203 of th Municipal Code of the City of Costa Mesa. Councilmen Present: Councilmen Absent: Officials Present: Wilson, Jordan, Hammett None Pinkley, St. Clair City Manager, City Attorney, Assis City Engineer, City Clerk Refund A full refund of the business license fee in the amount of Authorized $150.00, for Lloyd's Nursery, 2038 Newport Boulevard, for an additional Christmas tree sales lot at 2035 Newport Boulevard was authorized; and the City Attorney was instructed to revise the ordinance pertaining to the matter if he deemed it necessary, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hamm ett NOES: Councilmen: St. Clair ABSENT: Councilmen: None Traffic Signals The Clerk reported that bids has been opened on December 15, Fairview and 1970, for the Installation of Traffic Signals and Safety ,Sunflower Lighting at Fairview Road and Sunflower Avenue. The following bids were received: NAME TOTAL Steiny and Company, Incorporated $33,486.00 Baxter -Griffin Company 35,095.00, C.T. and F., Incorporated 35,230.00 E.D. Johnson and Company 36,187.00 William R. Hahn 36,628.00 Smith Electric Supply 37,962.00 Power Line Erectors, Incorporated 38,004.00 Paul Gardner Corporation 38,060.00 Contract Awarded On motion by Councilman St. Clair, seconded by Councilman Hammett, the contract was awarded to Steiny and Company, Incorporated, 221 North Ardmore, Los.Angeles, in the amount of $33,486.00, by the following roll call vote: AYES: Councilmen: Wilson,.Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Proposed On motion by Councilman Jordan, seconded by Councilman Billboard Pinkley, and carried, the report on a proposed Billboard Ordinance was held over for 30 days, and Councilman Hammett Held Over was appointed as the Council's representative to meet wIith a member of the Planning Commission, a member of the staff, and a representative from the billboard people, to resolve various differences of opinion, prior to the study session of January 19, 1971. 1 Ordinance 70-47 On motion by Councilman Hammett, seconded by Councilman Traffic Commission Jordan, Ordinance 70 -47, -being AN ORDINANCE OF THE CITY Membership COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 34021.7 OF.THE_.COSTA MESA MUNICIPAL CODE RELATING Adopted TO THE MEMBERSHIP OF THE 'TRAFFIC COMMISSION AND MEMBERSHIP OF THE CITY ENGINEER THEREON,,was given second reading and.adopted, by.the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 70-44 On motion by Councilman Jordan, seconded by Councilman Drainage Fee Hammett, Ordinance 70-44, being AN ORDINANCE OF THE CITY Schedule COUNCIL OF THE CITY OF COSTA MESA CREATING A DRAINAGE FEE SCHEDULE, MAKING PROVISIONS FOR THE COLLECTION THEREOF, Held Over PROVIDING.FOR REIMBURSEMENT IN SOME INSTANCES, AND PROVIDING FOR THE USE OF SAID FUNDS COLLECTED, was held over for 30 days, by unanimous vote. Study On motion by Councilman Jordan, seconded by Councilman ,Task Force St. Clair, and carried, a memorandum to all members and Memorandum alternates of the Study Task Force, Proposed County Human Relations Commission, regarding Redraft of Statement of Goals and Organizations, which was held over from the meeting of December 7, 1970, was received and filed. CONSENT CALENDAR ITEMS: On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the following Consent Calendar Items were approved in one motion. Minutes The Minutes of the regular meeting of December 7, 1970, December 7, 1970 were approved as distributed and posted. Proposed. A notice from the Local Agency Formation Commission of Annexation hearing on proposed Engineer's No. 132 Annexation to the Hearing Costa Mesa Sanitary District was received and processed. Proposed A notice from the Local Agency Formation Commission of Annexation' hearing on proposed annexation to the Costa Mesa Sanitary Hearing District designated Engineer's No. 134 was received and processed. Proposed v A notice from the Local Agency Formation Commission on Annexation proposed annexation No. 4 to Orange County Sanitation Hearing District No. 5 (located east of Pacific View Mortuary in Newport Beach) was received and processed. Prehearing ' A notice from the Public Utilities Commission of a Prehearing Conference Increase Conference on application of Southern California Edison in Electric Rates Company for an increase in electric service rates, to be held on December 18, 1970, at 10:00.a.m., was received and processed. Local Agency The Minutes of the meeting, of the Local Agency Formation Formation Commission of Orange County on November 25, 1970, were received and processed. Mosquito Abatement The Minutes of the 286th meeting on November 19, 1970, District Minutes of the Orange County Mosquito Abatement District Board of Trustees, were received'and processed. Alcoholic Beverage A reapplication (supplemental) for an alcoholic beverage License license from Donald T. Bull and William R. Shambley, 778-782 West 19th Street, for on -sale beer and wine, bona fide eating place, was received and processed. Planning Department filed a letter of protest on grounds of insufficient parking. 38 Departmental The following departmental reports were received and Reports processed: City Clerk for claims received since last meeting; Audit of Accounts, July 1, 1970, through September 30, 1970; City Treasurer; Building Safety; Set for Parks Department; Street Department; Letters of permission, Public Hearing non-profit nature, by Finance Director; Fire Department; Finance Department. Refund A request for refund of $36.00 for business license Slater which was erroneously issued twice to Slater Construction, Construction 25+2 East Balfour Avenue,Fullerton, and which was Set for recommended for approval by the Director of Finance, was Public Hearing authorized on motion by Councilman Hammett, seconded byl Public Nuisance Councilman Pinkley, by the following roll call vote: Hill AYES: Councilmen: Wilson, Jordan, Pinkley, Right of Way Deeds St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None I Permits I A business license application was approved, with 6914JI. ` of the Municipal Code waived, for the Orange County Heart Orange County Association, 10+3 .Civic. Center Drive West, Santa Ana, for Heart Association general campaign for fund-raising February 1 to March 11, 1971; Heart Sunday Week, February 22, 1971 through February 28, 1971, and Heart Sunday (residential solicit - tation), February 28, 1971; a campaign chart was submitted, for methods of fund raising, with the appli2l cation. Lewis Olivos A business license application from Lewis Olivos, 924 North Louise, Santa Ana, for one night dance, New Year's Eve Dance, December 31, 1970, at the Orange County Fairgrounds was approved. D. and B. Sales, A business license application from D. and B. Sales, Incorporated Incorporated, 130 South Prospect Street, Tustin, for i two pool tables at Vegas West, 2170 Harbor Boulevard, which was recommended for approval by the Fire and j Police Departments; was approved. Set for i Rezone Petition R-5-69, Revision No. 2, Peoples Invest - Public Hearing ment Corporation, 9777 Wilshire Boulevard, Beverly Hill's, for permission to rezone property as described in the petition from R1 and -I & R to R3 -CP, at 630 Paularino Avenue, was set for public hearing to be held on January 4, 1971, at the City Hall, at 7:30 p.m. I Set for A public hearing was set for 7:30 p.m., January 4, 19711, Public Hearing to show cause why property owned by Bessie Mae Hill at Public Nuisance 191+ Newport Boulevard, Costa Mesa, should not be declared Hill a public nuisance. Right of Way Deeds The following right of way deeds were accepted and ordered placed on record with the Orange County Recorder, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, ` St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 1272770 Mariners Saving and Loan 18th and Whitt Iier 12-1-70 Sarm Enterprises Harbor Boulevard I i C 1 1 1 a 1 1 1 Objection to On motion by Councilman Jordan, seconded by Councilman Urban Renewal Hammett, and carried, the Mayor was authorized to answer a letter received from Mr. Henry J. Niemes, 1800 Viola Place, Costa Mesa, objecting to urban renewal in any form. Amusement Game On motion by Councilman Hammett, seconded by Councilman Firehouse - St. Clair, and carried, and application for a business Denied license for the Firehouse, 177 East 17th Street, Costa Mesa, for an amusement game, one pool table, at that address was denied. Set for A, public hearing was set for 7:30 p.m., January 18, 1971,. Public Hearing to show cause why property owned by James Mizell, located Public Nuisance at 450 and 462 East 17th Street, Costa Mesa, should not Mizell be declared a public nuisance. Noise Complaint Two letters received from Mrs. Hadley, 137 East 20th Street, Costa Mesa, complaining about the noise caused by fast cars on 20th Street and Newport Boulevard were held over to Part II of the meeting. Southern California On motion by Councilman Hammett, seconded by Councilman Edison Company Jordan, and carried, a notice of application for rate Rate Increase increase from the Public Utilities Commission for Southern Requested California Edison Company was received and filed. Plan for Lower On motion by Councilman St. Clair, seconded by Councilman Cost of Fire Hammett, and carried, a copy of a letter sent to the Protection Governor and all Legislators regarding suggestions for lower cost of fire protection from Joseph H. Donohue, 4712 Bucknall Road, San Jose, California, was received and filed. Resolution 70-109 The Clerk presented a resolution from the City of Anaheim requesting action to stop the flood of smut and obscenity Request for Action in our Country and State. On motion by Councilman Jordan, to Stop Obscenity seconded by Councilman Pinkley, Resolution.70-109, being A RESOLUTION OF THE CITY COUNCIL,OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING ACTION TO STOP THE FLOOD OF SMUT AND OBSCENITY IN OUR COUNTRY AND STATE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Grand Jury Three reports from the 1970 Orange County Grand Jury on Reports Orange County Sheriff's Office, Planning and Communications were held over to Part II of the meeting. Warrant On motion by Councilman Pinkley, seconded by Councilman Resolution 649 Jordan, Warrant Resolution 649, including Payroll 7025 was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Reports On motion by Councilman Pinkley, seconded by Councilman City Manager St. Clair., Resolution No. 70=110, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA. MESA, REQUESTING THE Resolution 70-110 COUNTY.OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY Highway FINANCING PROGRAM THE DEVELOPMENT OF FAIRVIEW ROAD, was Financing Project adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES:. Councilmen: None ABSENT: Councilmen: None Resolution -70-111 On motion by Councilman St. Clair, seconded by CouncilmE Highway Financing Jordan, Resolution 70-111, being A RESOLUTION OF THE CII Project COUNCIL OF THE CITY OF COSTA MESA REQUESTING THE COUNTY, ORANGE_TO-_INCLUDE.WITHIN THE ARTERIAL HIGHWAY.FINANCING PROGRAM,THE DEVELOPMENT OF,PLACENTIA_AVENUE, was adoptee by the following-roll,call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Resolution 70-112 - On motion by Councilman Hammett, seconded by Councilman Highway Financing Jordan, Resolution 70-112, being A RESOLUTION OF THE CIS Project COUNCIL OF THE CITY OF COSTA"MESA REQUESTING, -THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANC: PROGRAM THE DEVELOPMENT OF PLACENTIA AVENUE (EXTENSION), was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan,, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Resolution 70-113 On motion by Councilman Pinkley, seconded by Councilman Highway Financing Hammett, Resolution 70-113, being A RESOLUTION OF THE -C: Project COUNCIL OF THE CITY OF COSTA MESA REQUESTING THE COUNTY ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MESA VERDE'DRIVE..EAST, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Contract for On motion by Councilman Pinkley, seconded by Councilman] Engineering Jordan, the contract for engineering services to be Services performed by R. M. Galloway and Associates, 129 Cabrillo Approved Street, Costa Mesa, in connection with Arterial Highway' Financing Project No. 544, Fairview Road from Newport Boulevard to the San Diego Freeway for an amount not to', exceed $130,000.00, subject to the approval of the City Attorney, was approved and the Mayor and City Clerk were authorized to sign on behalf of the City. Organization of The City Manager requested authorization for new classi Facilities and fications in the Facilities and Equipment Department in Equipment order to consolidate all vehicle and equipment maintena Authorized activities. On motion by Councilman Jordan, seconded b Councilman Hammett,'and carried, the following changes were authorized: Equipment Maintenance Supervisor, $88 $1,147 per month; Equipment Maintenance Foreman, $757 - $967 per month, to replace the Automotive Shop Foreman; Equipment Mechanic III, $687 - $877 per month, to repla the Fire Equipment Mechanic;:;Equipment Mechanic II, $654.- $835 per month, to replace the Automotive Mechan Equipment Mechanic I, $593 - $757 per month, a beginnin level, semi -skilled -mechanic position. Purchase of At the request of the City Manager, and on motion by NCR 5 Cash Councilman Jordan, seconded by Councilman Pinkley, the Register for purchase of.an NCR 5 cash register at an approximate co Golf Course of $2,458.00 plus sales tax; was authorized for the cas Authorized iering operation at the Costa Mesa Golf Course, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None OF 1 1 118 t Purchase of Safe At the request of the City Manager, and on motion by For Golf Course Councilman Jordan, seconded by Councilman Pinkley, the Authorized purchase of,a square -door safe at an approximate cost of $800.00 was authorized by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Escrow The City Manager requested that the Council cancel Cancelled Escrow No.. 442497 with Southern California College for property at Harbor Boulevard and South Coast Road, and the ten acres immediately adjacent to the Civic Center site. On.motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the request was granted and the City Manager and staff will continue to work with the college in an attempt to obtain the ten acres immediately to the east of the Civic Center. - r Irvine General On motion by Councilman Jordan, seconded by Councilman Plan Supported Pinkley, and carried, the Irvine General Plan was supported and -the City Manager is to send a letter to the Orange County Board of Supervisors, encouraging them to adopt the General Plan. Bid Call The City Manager requested authorization to advertise for Bid Item 164 bids on Bid Item 164, the furnishing of Ready Mixed Concrete, Ready Mixed bids to be opened by the Clerk on January 8, 1971, at Concrete 11!00 a.m. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried; the call for bids was authorized. Bid Call The City Manager requested authorization to advertise for Bid Item 165 bids on Bid Item 165, furnishing of Vehicle Parts, Accessories Vehicle Parts and and Vehicle Machine Shop Service for City -Owned Equipment, Machine Shop bids to be opened by the Clerk on January 8, 1971, at Service 11:00 a.m. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, the call for bids was authorized. 'Bid Call The City Manager requested authorization to advertise for Bid Item 166 bids on Bid Item 166, the furnishing of Draperies and Draperies and Hardware at the Costa Mesa Police Facility, bids to be Hardware opened by the Clerk on January 8, 1971, at 11:00 a.m. On motion by Councilman St.'Clair, seconded by Councilman Pinkley, and carried, the call for bids was authorized. Assessment of The City Manager requested Council waive assessment of Water Acreage water acreage fee on 9.42 acres of Newport -Mesa Unified Fee Waived School District property on Baker Street, between Century and Milbro. He stated this -is an 11.5 acre site, south of Baker, for their transportation facilities; however, at the present time only 9.2 acres are being processed for development; and he is recommending waiving of the fee for that portion only. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, Councilman Pinkley abstaining, the.request for waiving'of assessment .of water acreage fee on the 9.42 acres was approved. Aviation Committee On motion by Councilman Hammett, seconded by Councilman Report Accepted in Pinkley, and carried, Councilman St. Clair voting No, the General Principle recommendations of the Aviation Committee which were agreed upon at a meeting of that Committee held on December 14, 1970, were accepted, in general principle by the Council. Councilman St. Clair On motion by Councilman Hammett, seconded by Councilman Appointed to Board Pinkley, and carried, Councilman William L. St. Clair of Trustees was appointed as a representative from the City to'the Mosquito Abatement Board of Trustees of the Orange County Mosquito AbatemE District District for a two-year term ending December 31, 1972. PADS Joint Powers On motion by Councilman Jordan, seconded by Councilman Agreement Pinkley, and carried, the Mayor and City Clerk were Nashville, authorized to sign a signature page for the Joint Tennessee Powers Agreement of Public Agencies Data System (PADS) Presented to to replace one which was misplaced. Resolution 70-114 On motion by Councilman Jordan, seconded by -Councilman Victor L. -Wilson St. Clair, Resolution 70-114, being A RESOLUTION OF THF Per Diem Wage CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Scale FINDING AND DETERMINING THE GENERAL PREVAILING RATE OF PER DIEM WAGES IN THE PERFORMANCE OF PUBLIC WORKS, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen:, None Recess The Mayor declared a 15 -minute recess at 7:15 P.M. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:30 p.m., December 21 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 Mayor. Roll Call Councilmen Present: Wilson, Jordan, Pinkley, St._Clair Hammett Councilmen Absent: None Officials Present: City Manager, City Attorney, Assis City Engineer, City Clerk Key to City of The Mayor stated that he had recently returned from Nashville, Nashville, Tennessee; and the Mayor of Nashville sent Tennessee a key of that City which was presented to Mrs. Jane Presented to Gorman, reporter for the Daily Register, by Mayor Jane Gorman Wilson. Victor L. -Wilson The Mayor introduced Victor L. Wilson, son of Street Lighting Superintendent Omar Wilson who with his partne Resolution 70-107 Drino Miller, won the first prize in the Baja 1,000 off race this year. Mr. Wilson addressed the Council. On motion by.Councilman Pinkley, seconded by Councilman Jo Resolution 70-107, being A RESOLUTION OF THE CITY COUNC OF THE CITY OF COSTA MESA, CALIFORNIA, HONORING VICTOR "VIC" WILSON ON HIS OUTSTANDING ACHIEVEMENTS IN OFF -ROA RACING,.was adopted by.the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES': Councilmen: None ABSENT: Councilmen: None Peter Tienken The Mayor presented an Honorary Citizen Award to Peter Exchange Student Tienken of Chile, an American Field Service Exchange Student. Mr. Tienken thanked the Council for the certificate. it t road 01 Public Hearing The Mayor announced that this was the time and place set for the public hearing to show cause why Zone Exception Karen -Fenn Permit ZE-107-69-Amended, for Karen A. Fenn, for per- mission to operate an open boat storage_16t and to allow ZE-107-69 the use of an existing dwelling unit for caretakers' Amended quarters in addition to a trucking terminal at 2097-2099 Placentia Avenue in an M1 zone,.should not be revoked. Mrs. Fenn was present and addressed the Council. She stated that the block wall had now been built so that three of the conditions imposed had not been complied with. Mrs. Fenn also stated that she intended to have a new building built on the property. The City Manager stated that only one out of the four conditions had been complied with since November 19, 1970. The Associate Planner addressed the Council. He stated that the wall had been completed but there were three conditions remaining still to be corrected. The Council discussed at length a possible violation of Condition 14 pertaining to the prohibition of manufacturing, major rebuilding or assembling of boats. As there was a difference of opinion as to what constitutes major rebuilding of boats, on motion by Councilman Jordan, seconded by Councilman Hammett, and carried, this public hearing was continued to January 4, 1971, in order to allow the Councilmen time to visit the site and make.a decision on just what does constitute major rebuilding of boats. Councilman Hammett requested that the Planning Department give the Council help to determine what major rebuilding is. Mr. Taliaferro of Costa Mesa addressed the Council briefly regarding the aesthetics of boat building areas in Costa Mesa and Newport Beach. Resolution 70-108 On motion by Councilman Jordan, seconded by Councilman St. Clair, Resolution 70=108, being A RESOLUTION OF THE Drino Miller CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, HONORING DRINO MILLER ON HIS OUTSTANDING ACHIEVEMENTS IN OFF-ROAD RACING, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley,- St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Petitions The Clerk presented a petition containing additional names, bringing the total to 183 signatures, requesting immediate Paularino Avenue action for control of traffic on Paularino Avenue by closing the said street to through traffic at the location of the Corona Del Mar Freeway;.the original petition was presented at the meeting of November 16, 19.70. The City Manager stated that a meeting had been held at the Paularino School but that the staff had been unable to get the displays,up at the Paularino School before the Christmas vacation. The Mayor announced that the displays will be Displays at School at the Paularino School after January 4, 1970, and requested the newspaper reporters to publicize the displays in the newspapers. On motion by Councilman Hammett, seconded by Councilman Jordan; and carried, the petitions were received and filed. Noise Complaint The Clerk presented two letters from Mrs. Mary Hadley, held over from Part I of the meeting, pertaining to excessive noise on Newport Boulevard, and also presented from the meeting of November 16, 1970, a complaint regarding noise from Pier Eleven, 1976 Newport Boulevard. Vernon Rankin, rte, _ F•w Noise Complaint owner of the business, addressed the Council. The (Continued) City Manager reported that various checks on the parkin Drive -In situation had been made at all hours during the night Theatre and that cars were parked in vacant lots and on Church Street. He also stated that Mr. Rankin was attempting to purchase an empty lot close to the bar for additions: parking. The City Manager also stated that on several Pier Eleven_ occasions it was noted that the owner of Pier Eleven did have someone directing parking but that there was a large overflow from the lot very often. Mr. John Minor addressed the Council and objected strongly to the noise and stated that if the building were insulated it would shut out a great deal of the noise. The applicant stated that he would present escrow papers to the Counc to prove that he was purchasing the lot and also that h, is planning to apply for zone exception permit to cover deficiencies relating to expansion of a patio, without permit, and other items listed in a letter from the Dir of Planning to Mr. Rankin, dated December 8, 1970, and copy of which -is on file in the office of the City Cler Held Over On motion by Councilman Hammett, seconded by Councilman St. Clair, and carried, the letters from Mrs. Hadley an the complaints against Pier Eleven were held over for t weeks, during which time the City Manager and the City Attorney are to conduct an extensive investigation and report back to the Council. Orange County The Council discussed at this time three reports from Grand Jury the 1970 Orange County Grand Jury on Orange County Reports Sheriff's Office, Planning and Communications which were held over from Part I of the meeting. The Mayor and Councilmen expressed concern over the lack of representation on the Grand Jury of citizens of Costa Mesa. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the Council reaffirmed action taken previously this year in Resolution 70-17, Resolution 70-17 requesting a dual grand jury, and requested that copies Re -affirmed of the resolution .and a letter be sent to members of tY Legislature of the State of California regarding this by the City Clerk. Complaint The Clerk presented from the meeting of December 7, 191 Regarding Paulo a report on the Paulo -Drive -In Theatre with regard to e Drive -In petition received from residents in the area. The Clez Theatre stated that two communications had been received regare this, one from the Crime Prevention Committee urging tY Council to consider the possibility of requiring the Paulo Drive -In Theatre management to take adequate stet to prevent trespassing into private individual properti mentioned and other properties surrounding the theatre installing more adequate fencing and more security guaz and also a letter from Mr. Spencer Crump, 595 Grand Hai Circle, in support of petitioners objecting to trespass entering their yards from the Paulo Theatre. A motion was made by Councilman Hammett, seconded by Councilman St. Clair, to call a public hearing to show cause why the Paulo Drive -In Theatre should not be declared a public nuisance.. After discussion, the motion and second were withdrawn. On motion by Councilman Jordan, seconded by Councilman Pinkley,_and carried, Councilmar Hammett was requested to meet with a representative of the Del Cerro tract, the City Attorney, a member of the staff, the Police Chief, or his representative, and the Manager of the Paulo Drive -In Theatre, and report back Council, and a letter stating these facts will be sent to Mr. Spencer Crump by the City Clerk. ctor ng S, ' y P s 1 Jr Closing of Alley The City Clerk presented from the meeting of November 16, Royal Palm Drive 1970, a recommendation for the closing of the alley to and Corsica. vehicular traffic which connects Corsica and Royal Palm Drive with the intersection of Mace and Nutmeg. The City Manager briefed the Council on the reasons for this request. City Attorney The City Attorney left the meeting at 8:50 p.m. Assistant City Attorney The Assistant City Attorney entered the meeting at 8:50 p.m. Alley Closed Mr. Don Utter, 3082 Gibralter, Costa Mesa, addressed the for 180 Days Council and objected to the property being deeded back to the property owners. He also requested that the alley be kept open for pedestrians and bicycles. After discus- sion, on motion by Councilman Jordan, seconded by Council- man Hammett, and carried, the alley was ordered closed for a trial period of 180 days. Mayor Wilson Mayor Wilson left the meeting at 8:55 P.M. Recess The Vice Mayor declared a five-minute recess. The meeting reconvened at 9:00 p.m. Alley,Between- The Clerk presented from the meeting of November 16, 1970, 23rd Street and the matter of the alley between 23rd Street and Wilson, Wilson, and and Newport Boulevard and Elden Avenue. The City Manager Newport Boulevard stated that an alley between Wilson and Santa Isabel and and Elden. Newport Boulevard and Elden had not been improved at City expense, but that every property owner in the Santa Ana Avenue Improvement District paid .012936+ cents per square foot for drainage. The City did, however, improve the alley in October, 1963, by the Costa Mesa Street Department. The matter of the alley on Santa Ana Avenue and Wilson was brought up when, at the meeting of November 16, a claim was made that the alley had been improved by the City under the provisions of the Santa Ana Avenue Improvement District. .The alley between Wilson and Santa Isabel did not pose a drainage problem - and the alley was "straight graded" and a storm drain was not required. It was the'recommendation of the City Manager that the property owners requesting improvement to the alley between 23rd Street and Wilson, and Newport Boulevard and Elden, form an appropriate improvement district and have the costs for the improvement spread over the property.oVmers affected. Councilman St. Clair left his.seat on the Council and addressed the Council from the public microphone as a private citizen.. Mr. St. Clair stated that he had not had time to study the estimate of $10,82+.00 to improve the alley but felt that this was too high an estimate. On motion by Councilman Jordan, seconded by Councilman Hammett, and Held Over carried, the matter was held over for a period of two weeks in order to allow more time for study. Councilman St. Clair returned to his seat on the Council. Encroachment The:Clerk presented Encroachment Permit No. 55, John Rutan, Permit 55 3000 Bristol Street, Costa Mesa, for permission to erect John Rutan a free standing pole sign on an existing sign footing which fully encroaches into the public right of way, in a C,2 zone at that address. The Planning Commission recommended 39•`x: Encroachment approval subject to conditions. On motion by Permit 55 Councilman St. Clair, seconded by Councilman Pinkley, (Continued) and carried, the permit was granted -subject to the Service conditions stated in a letter to the Council from the Director of Planning. ZE-51-70 The Clerk presented application, for Zone Exception Appeal Permit ZE-51-70,.Appeal, David Ross Pontiac Agency, David Ross 2480 Harbor Boulevard, Costa Mesa, for permission to Pontiac modify or delete Conditions No. 20, No. 22 and No. 24 as originally imposed in ZE-51-70. 'The Planning Commission recommended approval of the request subject to special requirements. On motion by Councilman Hammett, -seconded by Councilman Pinkley, and carried, the .request for appeal was approved subject to special requirements. ZE-110-70, Appeal The Clerk presented application for Zone Exception Sunshine Community Permit ZE-110-70, Appeal, Sunshine Community Nursery Nursery School School, Post Office Box 1763, Costa Mesa, that right of way dedication be reconsidered for Presbyterian Church of the Covenant, 2850 Fairview Road, where the nursery school is located.. Mrs. Patricia Mora, 1725 Gisler Avenue, Costa Mesa, represented a group attending the meeting requesting that the appeal be granted. Mrs. Mora stated that they are a non-profit school and the church does not make any money either. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the request for appeal of dedi- cation was granted. ZE-118-70 The Clerk presented application for Zone Exception Hunter and Barlow Permit ZE-118-70, held over from the meeting of Decembe Two Way Equipment 1970, request from Oscar Hunter and Bob Barlow, doing Service business'as Two Way Equipment Service, 3499 South Main Street°, Costa Mesa, for permission to operate an open storage yard for construction equipment and trucks and allow the use of the existing service..station for equipment maintenance, in a. C2 zone at that address. The Planning Commission recommended approval, but Santa Ana filed,a strong protest. Mr. Oscar Hunter, on of the applicants, was present and addressed the Counci After a lengthy discussion, on motion by Councilman Ham seconded.by Councilman Pinkley, and carried, the permit was denied and the applicants were given 90 days to relocate their business, and the staff is to notify the City Manager of the City of Santa Ana of the action tak by the Council. ZE-120-70 The Clerk presented application for Zone Exception William J. Cagney Permit ZE-120-70, William J. Cagney, 2800 Baysrore Drive Newport Beach, for permission to continuethe use of twc non -conforming residential structures for residential living purposes in the Cl zone at 2255 Fairview Road ani 206 West Wilson Street, Costa Mesa. The Planning Commi; recommended approval subject to special requirements. Mr. Robert Simpson, 9252 Christine Drive, Huntington Bee representing the applicant, addressed the Council. Mr. Batshi, 221 West Wilson Street, Costa Mesa, addressed the Council in objection to the permit being granted. Mr. Edgar Hatton, 241 Avocado Street, owner of property on Wilson Street also voiced a strong objection to the .permit being granted. Mr. Simpson stated that Mr. CagnE intends to sell the property as commercial when an opportunity occurs. After discussion, on motion by Councilman St.`Clair, seconded by Councilman Hammett, ar carried, the application was approved, subject to the special requirements listed on the applications. 7, Sion Walter I. 1 L r ZE-123-70 The Clerk presented an application for Zone Exception Roy M. Watkins Permit ZE-123-70, Roy M. Watkins, 1981 Maple Avenue, Costa Mesa, for permission to convert an existing office - storage room, constructed originally as part of a 13 - unit apartment complex, into a one bedroom living unit, for a total of 14 units on 25,698.6 square feet of land area (one unit per 1,835.6 square feet) in an R2 zone at the same address. The Planning Commission recommended approval. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the permit was approved. ZE-124-70 The Clerk presented an application for Zone Exception Harold T. Permit ZE-124-70, Harold T. Segerstrom, et al, 3315 Segerstrom Fairview Road, Costa Mesa, for permission to construct a Richfield Service Station, in accordance with service station development standards and certain commercial shops and Water District facilities, as an architecturally coordinated project, in a Cl zone at the northeast corner of Sunflower and Fairview, Costa Mesa. The Planning Commission recommended approval subject to special requirements. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the permit was approved subject to the conditions attached to the appli- cation and made a part thereof. ZE-125770 The Clerk presented an application for Zone Exception Lefteris-Lavrakas Permit ZE-125-70, for Lefteris Lavrakas, 354 Broadway, Costa Mesa, for permission to encroach 20 feet into required rear yard setback of 25 feet for addition of family room, bedroom and bath, at the same address in an Rl zone. The Planning Commission recommended approval subject to special requirements. The._applicant's sons,: John Lavrakas, represented his father and read a letter from Captain Lavrakas objecting to the condition requiring the construction of sidewalks at the present time. After discussion, on motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the permit was approved, but condition regarding sidewalks was changed to read that the applicant shall construct the sidewalks as per the City :of Costa Mesa standards at the time the neighbors in the area also construct them. Oral Mr. H. J. Wood addressed the Council regarding bushes Communications growing in the right of way on Broadway and Orange Avenue, Flower Street which cause anyone walking to walk in the stre@t as they are unable to walk through the brush. He requested that the Street Department investigate the matter. Also, he complained about the service rendered by the Animal Control people. He said that he is unable to reach them on a local telephone fine and must pay a toll call when he has to contact them, and they refuse to come out on many calls. Councilman Hammett also related a story to the Council of the poor service rendered by the Animal Control Department. 'An unidentified woman addressed the Council regarding,the position of Research Analyst. Adjournment On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, the meeting&ourned at 10:05 p.m. M yor of the City of Costa Mesa ATTEST: City Clerk of the City of Cost Mesa