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HomeMy WebLinkAbout01/04/1971 - City CouncilM Minutes December 21, 1970 TOPICS Funds REGULAR MEETING OF THE CITY COUNCIL January 4, 1971 PART I The City Council of the City of Costa Mesa, California,! met in regular session at 6:30 p.m., January 4, 1971, 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. I Councilmen Present: Wilson, Jordan, Pinkley, St. Clair;: Hammett Councilmen Absent: None Officials Present: City Manager, Assistant City Attorney, Director of Public Works/City Engineer, City Clerk i CONSENT CALENDAR ITEMS: On motion by Councilman Jordan) seconded by Councilman St. Clair, and carried, the j following Consent Calendar Items were approved in one motion. A clerical error was corrected in the Minutes of the regular meeting of December 21, 1970, and the Minutes were then approved as distributed and posted. A letter from the State Department of Public Works regarding Costa Mesa's share in California's allocation) of TOPICS funds for the 1969-70 and 1970-71 fiscal years, and informing the Council that the recommendation of the, Advisory Committee has been accepted and that the entire allocation of the State be apportioned to local I governments for their own priority determination was received and processed. I Electric A resolution from the Electric Utilities Division of the Utilities Report Public Utilities Commission of the State regarding electric utilities reports on loads and resources was received and processed. Cl Hearing on Increase A notice of a hearing on January 19, 1971, before the I for Electric Public Utilities Commission in the matter of the application Service of Southern California Edison Company to increase rates' charged by it for electric service was received and prolcessed. Bus Carriers An Order Instituting Investigation on February 1, 2, and 3, 1971, before the Public Utilities Commission on the Commission's own motion of procedures for determining California intra- state operating results of interstate bus carriers operating in California was received and processed. Direct Air Service A letter and Resolution from the City of Garden Grove j to Sacramento requesting a direct aerial route to Sacramento, similar to Costa Mesa's Resolution 70-104, were received and processed. Revision of Gas A notice from the Public Utilities Commission regarding Company Tariffs application of the Southern California Gas Company for authority to revise its tariffs for natural gas service to offset increases in expenses caused by net increases, in the price of natural gas from its suppliers was received and processed. Mutual Assurance A letter and Resolution from the City of Culver City Program for urging the Los Angeles County Division of League of Insurange California Cities, to investigate and schedule a full Coverage investigation and report as to present advisability of the Los Angeles Basin Cities attempting to work out a mutual assurance program for insurance coverage in the field of municipal liability were received and processed. Safety Warning A letter from Councilman Mario Polvorosa of the City of Flares in San Leandro enclosing a resolution urging passage of a Vehicles. bill requiring the presence of safety warning flares in all vehicles was received and processed. Decision -Making On motion by Councilman Wilson, seconded by Councilman Process in Jordan, and carried, a letter and resolution from the Government City of Stanton urging that Southern California Agency of Governments (SCAG) consider the adoption of a policy to oppose any bill on a state or federal level which does not involve local government in the decision-making process regarding the orderly physical development of a region were referred to the City Attorney for change of language in the resolution. Beverages in On motion by Councilman Pinkley, seconded by Councilman Disposable Jordan, and carried, a letter to all Mayors and City Containers Councils from the City of Huntington Beach, with a resolution which they adopted requesting that action be taken to eliminate the litter and health hazards caused by the sale of beverages in disposable, nonreturnable containers were referred to the City Attorney. Environmental A letter from the City of Seal Beach enclosing a resolution Quality Control advocating the establishment.of environmental quality Board control boards in all cities within Los Angeles and Orange Counties were referred to the City Manager for study and report back, on motion by Councilman Jordan, seconded by Councilman Pinkley, and carried. Inhumane Treatment The Clerk presented a Resolution from the City of Newport to American Beach; expressing concern over inhumane treatment given Prisoners of War American prisoners of war held by the government of North Resolution 71-1 Vietnam. On motion by Councilman Jordan, seconded by Councilman St_. Clair, Resolution 71-1, being A RESOLUTION OF THE CITY COUNCIL OF THE:CITY OF COSTA MESA, CALIFORNIA, EXPRESSING ITS CONCERN OVER THE INHUMANE TREATMENT BEING GIVEN TO AMERICAN PRISONERS -OF WAR HELD BY THE GOVERNMENT OF NORTH VIETNAM, AND URGING THE CITIZENS OF COSTA MESA TO REQUEST THE GOVERNMENT OF NORTH VIETNAM TO COMPLY WITH CIVILIZED STANDARDS FOR TREATMENT OF AMERICAN PRISONERS OF WAR AS EXPRESSED IN THE GENEVA CONVENTIONS, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Retrofitting of A letter from the City of Inglewood enclosing a copy of Existing Aircraft the Federal Aviation Administration's request for public With Quiet Engines comment on a proposed rule which would require existing aircraft to be retrofitted with quiet engines was referred to the Aviation Committee and City Manager and the City Manager'.s office will send a copy of the request to each member of the Aviation Committee as soon as possible, in order that it may be studied before the next regularly scheduled meeting on motion by Councilman Hammett, seconded by Councilman Pinkley, and carried. Alcoholic Beverage On motion by Councilman Jordan, seconded by Councilman Licenses St. Clair, and carried, an application for an on -sale general alcoholic.beverage license from Joseph R. Milligan, for Original Joe's, 843 West 19th Street, wash received and processed. Planning Department approved parking. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, an application for on -sale beer and wine alcoholic beverage license from Tom.J. Fears and Paul J. King for Fat Jack's at 3333-A Bristol. Street,Costa Mesa, was received and processed. Planning Department approved parking. On motion by Councilman Jordan, seconded by Councilman.! St. Clair, and carried, an application for person transfer of off -sale general license from George E. Regan to I Judith E. and William Daluiski, for Liquors by George, 1089-A Baker Street, Costa Mesa, was received and processed. Planning Department approved parking. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, an application from Sambo's Restaurants, Incorporated, 3769 State Street, Santa Barbara, for an on -sale general alcoholic beverage license for The Blue Ox Steak House, 3010 Harbor Boulevard, Costa Mesa, was received and processed. The Planning Department approved parking. i On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, an application for person transfer of an on -sale beer license from Callie J. Jackson to Marvin D. Gibson for Snoopy's, 2000 North Newport Boulelard, Costa Mesa, was received and processed. The Planning I Department approved parking if there is no live entertainment. Right of Way Deeds On motion by Councilman Jordan, seconded by Councilman St. Clair, 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 i DATE NAME FOR STREET -12-22-70 Henry -Herman -Willy Laarss and Maria Laarss East 22nd Street 12-15-70 Dave Ross Pontiac Harbor Boulevard Business License The Clerk presented an application for a business license from the Independent American Post Office, 190+ South Harbor Boulevard, Costa Mesa, for door-to-door distribution. The applicant, John Griffin, 11+5 North West Street, Anaheim, was present and addressed the Council. After discussion, on motion by Councilman Hammett, seconded by Councilman) St. Clair, and carried, the application was held over to the meeting of January 18, 1971, during which time the City Manager and the Chamber of Commerce of the City of;. Costa Mesa will investigate and report to the Council—! Letter From On motion by Councilman Jordan, seconded by Councilman Costa Mesa Hammett, and carried, a letter from Thomas E. Nelson, j Tomorrow President, Costa Mesa Tomorrow, Incorporated, noting the excellent progress made under the direction of Wilsey I 4 Letter From and Ham to conclude the initial phase of the redevelopment Costa Mesa plans for downtown.Costa Mesa, and noting that the early Tomorrow completion of the Newport Freeway from Palisades Road to (Continued) Coast Highway is essential to the proper renewal development of this area; and also offering the cooperation of Costa Mesa Tomorrow with the City and the staff in this direction, was received and filed. Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 650 St. Clair, Councilman Hammett abstaining, Warrant Resolution 650 was approved by the following roll call vote: , AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Councilmen: Hammett Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 651 Hammett, Warrant Resolution 651, including payroll 7026, wa"s approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 652 Hammett, Warrant Resolution No. 652, was approved by, the following roll call vote: . AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Harbor Boulevard On motion by Councilman Jordan, seconded by Councilman Signal System Hammett, the work on the Harbor Boulevard Signal System and Street Lighting was accepted and the Clerk was instructed to file a Notice of Completion on the project located between Bay Street and MacArthur Boulevard, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Vanguard Way On motion by Councilman Jordan, seconded by Councilman Speed Limit Hammett, Ordinance 71-1, being AN ORDINANCE OF THE CITY Reduced COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 3416.1 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO ESTABLISH SPEED LIMITS ON VANGUARD WAY FROM 2,050 FEET SOUTH OF FAIR DRIVE, thereby decreasing the .Ordinance 71-1 speed limit from 65 miles per hour to posted 25 miles per hour, was given first reading by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Four -Way Stop Sign On motion by Councilman Pinkley, seconded by Councilman Irvine and 20th St. Clair, Mayor Wilson voting No, and carried, a request for a four-way stop sign at.Irvine Avenue and 20th Street Denied was denied and the Public Works Department was instructed to remove vision obstructions. 1190 Stop Signs, On motion'by Councilman Pinkley, seconded by Councilman Aliso at 16th Place St. Clair, Resolution 71-2, being A RESOLUTION OF THE March of On motion by Councilman Pinkley, seconded by Councilman Dimes Month Jordan, and carried, a request by Mayor Wilson for approval of a proclamation for The National Foundation March of Dimes was granted; and the Mayor proclaimed January, 1971, as March of Dimes Month. Recess The Mayor declared a CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, j Resolution 71-2 AUTHORIZING.THE ERECTION OF STOP SIGNS ON ALISO AVENUE The personnel session adjourned at 7:25 P.M. AT SIXTEENTH PLACE, was adopted by the following roll PART II call vote: The City Council of the City of Costa Mesa, California, AYES: Councilmen: Wilson, Jordan, Pinkley, at the City Hall, 77'Fair St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None I Acquisition of On motion by Councilman Hammett, seconded by Councilman) Street Easements Jordan, Resolution 71-3, being A RESOLUTION OF THE CITY! and Rights of Way COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING„ Hammett DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST ANDS Resolution 71-3 NECESSITY REQUIRE THE ACQUISITION OF CERTAIN STREET EASEMENTS AND RIGHTS OF WAY FOR PUBLIC STREET PURPOSES, City Manager, Assistant City Attorney, AND AUTHORIZING ACQUISITION OF SAID EASEMENTS AND RIGHTS Director of Public Works/City EngiIneer, OF WAY BY CONDEMNATION, AND DIRECTING THE.CITY ATTORNEY! TO PROCEED WITH SUCH ACTION, was adopted subject to legal requirements being met by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, i St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Costs for Alley Resolution 71-3 is pertinent to a portion of a condition Improvement To on Zone Exception Permit ZE-93-70 issued to Far West Be Paid by Services, Incorporated, in which it is requested that Developer the developer agree to pay certain costs. Mr. John Elliott, 9886 Garden Grove Boulevard, Garden Grove, thej developer of the property, was present and addressed the Council. He assured the Council that he would pay for the full costs of the alley improvement located offl Irvine Avenue, southerly of 17th Street. March of On motion by Councilman Pinkley, seconded by Councilman Dimes Month Jordan, and carried, a request by Mayor Wilson for approval of a proclamation for The National Foundation March of Dimes was granted; and the Mayor proclaimed January, 1971, as March of Dimes Month. Recess The Mayor declared a recess to a personnel session at 6:50 p.m. The personnel session adjourned at 7:25 P.M. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:35 p.m., January 4, 11971, 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. Roll Call Councilmen Present: Wilson, Jordan, Pinkley, St. Clair, Hammett Councilmen Absent: None Officials Present: City Manager, Assistant City Attorney, Director of Public Works/City EngiIneer, City Clerk '101 .- Public Hearing The Clerk announced that the public hearing would Continued continue at this time from the meeting of December 21, 1970, regarding Karen A. Fenn, to show cause why Zone Exception Permit ZE-107-69-Amended, for permission to operate an open boat storage lot and to allow the use Karen Fenn of an existing dwelling unit for caretakers' quarters in addition to a trucking terminal at 2097-2099 Placentia Avenue, in an Ml zone, should not be revoked. Mrs. Fenn was present and addressed the Council. The City Manager stated that an appeal of the condition relating to the manufacturing, major rebuilding or assembling of boats being prohibited on this property had been filed as of this date by Mrs. Fenn. He also stated that the wall had been completed and the matter of the driveway r approaches is reconcilable, the landscaping will be taken care of in April when the weather will be more suitable for planting. The City will put up two barricades to keep vehicular traffic off the property. Following this report from the City Manager, Mrs. Fenn presented a petition from five of the residents in the area stating that.the business did not constitute a nuisance to.them. Mr. Cornelius Perez, 1079 Salvador, Costa Mesa, addressed the Council and stated that his parents were former owners of the property and that he also felt that Mrs. Fenn's difficulties were originally caused by the zoning being misrepresented by the real estate agent who sold her the property. After a lengthy discussion, on motion by Councilman Pinkley, seconded by Councilman St. Clair, Councilman Hammett voting No, the public hearing was continued to the meeting of January 18, 1971,, and the appeal of Condition 14 of the Zone Exception Permit ZE-107-69-Amended, was referred Referred to to the Planning Commission for study and recommendation Planning back to the Council before the January 18 meeting. Public Hearing The Mayor announced that this was the time and place R-5-69 set for the public hearing for Rezone Petition R-5-69, Peoples Investment Revision No. 2, Peoples Investment Corporation, 9777 Wilshire Boulevard, Beverly Hills,"for permission to rezone property from R1 and I & R to R3 -CP, at 630 Paularino Avenue. There being no one interested in speaking, the Mayor - declared the public hearing closed. On motion`by Councilman Jordan, seconded by Councilman Pinkley, Ordinance 71-4, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Ordinance 71-2 COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF CERTAIN First Reading PORTIONS OF LOT 1, BLACK D, BERRY TRACT, FROM R1 TO R3 -CP; AND FROM I AND R TO R3 -CP, was given first reading by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that thiswas the time and place set for the public hearing to show cause why property owned Public Nuisance by Bessie Mae Hill at 191+ Newport Boulevard, Costa Mesa, Bessie.Mae Hill- should not be declared -a public nuisance.. Dean Dorris, _ Building Inspector, addressed the Council as the representative of the.Building Safety Department who initiated the action. He reported on the case to date. He also stated that Mrs. Hill had fallen and broken her foot and would be unable to be present and that her husband would be present to represent her. Mr. Hill addressed the Council and answered questions asked by the Councilmen. 40: r Bessie Mae Hill (Continued) - Public Nuisance Declared Alley . 23rd Street and Wilson Newport and Elden -- :A motion made by Councilman _Hammett and a second by Councilman Jordan for a.tliirty-day delay in the hearings were withdrawn. The.. -Council stated that Mrs. Hill had not made any improvement to.her..establishment in the two years since -she has owned the property. Mr. Hill i.._. stated that they had only owned the -property since July,! 1969, at which point Councilman.St. Clair stated that they were notified in.Augusty 1969, to clean up the property. Councilman .Hammett'asked Mr. Hill if he could meet the ten conditions listed on the Zone Exception Permit ZE-18-70, within thirty days -..:Mr. Hill said that they could. The Mayor stated that he felt certain that the Building Safety Department would not issue a permit for any building or adding to the present structure.until the property was cleaned"up. After a lengthy discussion, .during which time the members.of the Council stated that they felt that Mr. -Hill did not fully understand the points they were trying to bring out, Councilman St. Clair stated that -he would not take any action to declare they property a public nuisance in view of the fact that M--s.-Hill was not present nor an attorney. The Mayor declared the public hearing closed as there were no other persons interested in speaking for or -against the matter. Councilman Hammett -made a new motion, seconded by Councilman Jordan, to issue a Cease and Desist Order if the violations were not corrected in 30 days. The Assistant City Attorney stated that if the Council decided that a public.nuisance did in fact exist, they could declare the property as -such and then give additional time for correction of the conditions, if such was necessary! Councilman Hammett amended=his.motion and Councilman Jordan amended his second to"declaring the property a public nuisance and granting Mrs. Hill 30 days to comply with the conditions stated on the permit at which time a Cease and;Desist.Order may be. issued. The motion carried, Councilman St. Clair. voting No, as he felt that Mrs. Hill should be present before any action was taken; and that the final decision.should not be left to the staff for determination as to whether. a Cease and Desist Order should be issued if the conditions are not corrected. The Mayor requested that the City Manager make certain that -Mrs. Hill is notified of the action as soon as possible. The City Manager stated that Mrs. Hill would be notified both verbally and in writing. The Clerk presented from the meeting of December 21, 1970, the matter of the alley between 23rd Street and Wilson, and Newport Boulevard and Elden Avenue. Councilman St: Clair left his seat on the Council to speak as an interested citizen from the floor. i The City Manager stated that he would not recommend that the City change its policy of not taking over unimproved alleys,.but that the present: 'policy is that the City will assist -in improving or reconstructing presently improved .alleys. He stated also that if the Council saw fit, that through the 1911 Act,, if it is feasible in an engineering sense., the City could possibly -put in the drain from th'e low spot in the alley through the property owned by Dr. Humphrey,with an easement., to a drain on Newport i Boulevard. Councilman St. Clair requested a decision by i 1 1 1 Alleys the.Council on what.their-policy will be hereafter (Continued) regarding alleys that need.,improving and drainage. The City -Manager stated that he recommended strongly that. the Council not change their present policy. He also stated that he recommended the City pay for the drainage as! stated. above if- the property owners paid for the..improvement. of the alley. Mr. Charles Spiller, owner of.the°property at -2323 Elden Avenue which is in front of.the alley which has. the water problem, stated that if the City would pay for the drainage, there.should be no problem getting the property owners to pay for the improvements to the alley. Mr. Phil Spiller addressed the Council also.,.Councilman St. Clair,suggested,that a -gutter also be installed in the- center •of .the- alley -to- help in .the drainage. However, the Council felt that.if the drainwereinstalled the gut ter- would. not -be.needed:.---Charles Spiller stated that ...he was willing; to. assist in the -cost of improving the alley and..that some of;the,-other property owners would .also. -:Mr. Phil Spiller requested that they be relieved of the requirement for a -sump -,pump to drain the lot. He was-informed.by the.Council that if the property -owners will pay for the-improvement'of the alley, the City wily pay for the drain and then he would.be relieved of the requirement.. However, if -this -is not done, he will .have to install -the sump pump. as requested. The City Manager emphasized that this was going to be a joint participation project. The Council stated that Mr. Spiller was not:,to be-_held.up on his occupancy permit because of the sump.pump:not having been installed. Councilman St. Clair returned to,his seat on.the Council at this time. On motion by Councilman Pinkley:;seconded by Councilman Jordan, Councilman St. Clair abstaining, the Council agreed to _ pay for the cost: -of drain as suggested by.the.City Manager, only if the-property.owners.pay for the improvement of the alley for:a..width.of 18.feet, and subject to obtaining an easement from the Doctor,.by ,the,following roll call vote: ...AYES:Councilmen: a Wilson., Pinkley, Jordan, Hammett NOES: ..Councilmen:. None ABSENT: Councilmen: None ABSTAINING: Councilmen: -St. Clair Noise Complaint The Clerk.presented from the meeting of December 21, 1970, a complaint from _Mrs. Mary Hadley about noise on East 20th Street -from cars -.indulging in racing., Councilman St. Clair said that he . felt -that this..item coul_ d. be discussed with the• complaint:.regardi.ng Pier, Eleven, .as the noise referred to in Mrs.-Hadley's.complaint: could be,caused by cars coming out -:of the.Pier Eleven parking lot onto Church Street. Complaint. The Mayor.p-resented from-.-the-.:meeting of December 21, 1970, Pier Eleven a complaint.regarding,noise:from Pier Eleven, 1976 Newport -Boulevard, .Costa Mesa.•: , Mr.•. Vernon .Rankin, owner of the business was present and addressed the Council. He presented Mr. -:John M.-Tamasy, a; contractor who. was going . to -stud .the building for possible -,sound -proofing. .y Mr. Tamasy who. is� a ,sound- engineer,,. s-tated that he did not have enough.time�:to conduct a.:sound study that would be thorough.enough.to.base-opinion on -.and requested that he be- granted: more time -to do, this. ;•. The City Manager stated that. -he and the.City Attorney.-felt_.that the building could not,be:properly-sound-proofed and also that Mr. Rankin had stated: at -the December 2.1-, 1970,�.meeting that before this 1-3 X01 Pier Eleven meeting"h'e !-,would apply 'fdr' a zone exception permit for (Continued) the'patio which'he had installed without a proper permit, and which .he''had 'n'ot done.' Mr.' Rankin stated that he was attempting to"solve''the parking problem on Church Street by obtaining a lot adjoining his property but had not entered escrow because he did -not know if the Council would -9116w'his' business to continue in its present '''location'. He also claimed 'that' -'he' did not understand he was to' file fora zone exception" permit as he did not j knoV what'the Council would decide and also that every- thing tied -in together. Mrs.'Helen- Towe; 1984 Church Street' 'spoke' an:d' complained about' the loud noise coming "'from Pier Eleven.' -Mrs: -Bessie Minor,'1986 Church Street, "spoke and stated'that she does not have a driveway and that 'the 'Pier'Eleven patrons park in front of her home preventing her from 'using the' easement available to her.) The Assistant City Attorney stated that the Zone Exception 'Permit' should be filed' in` order to cover the matter of the patio being used'. Mr': -Rankin stated that he was going to remove the patio if he did not get.'approval to keep his business'operi'and that he'had an agreement with the Planni Department regarding this. -On motion by Councilman Jordan seconded'by'Councilman Pinkley; and carried, the matter was 'deferred -for- four weeks, to- the meeting of February 1, 1971, to provide -the sound engineer with enough time to 'complete'his'noise survey; and have a recommendation ready at that time. Abandonment of Alleys Requested Michael Genco Request Denied On motion by Councilman St. Clair, seconded by Councilm� Hammett; -and carried; the Clerk was instructed to _write Mrs. Hadley a letter stating `the action that was taken by the'Council. The•Cl:erk'presented a request from Michael Spiropoulos -that the. City abandon alleys -'off Joann Street in the "vicinity of Fountain Way and Anaheim Street. On motion 'by Councilman Jordan,. seconded by Councilman Hammett, and carried, the matter was referred to the Planning Department`for study-and'report. The Clerk presented a'request from Michael Genco, 1790 Newport Boulevard, Costa Mesa, for appeal of Conditions 1 and 2 of the Director of Planning's letter of approval dated November 30 1970, for tentative Parcel Map'S=22-70. Mr.'Gen.'co'was present and addressed the Council. He stated'that'-he'did not feel that sidewalks in an Ml zone would be appropriate at this time and he 'would agree to build them -at the time that the other property owners in the area would do so. The Director of Planning informed the Council that this is an area where children) !walk -to and -"from school: After discussion, on motion by Councilman,St'Clair,'seconded by Councilman Hammett, Councilman Pinkley voting No, the request was denied. Charles Spiller The Clerk presented'.a request from Charles Spiller for Condition -16 on'Zone Exception.'Permit ZE-87-69, requesting bond in'amount of -$1,500.00, to be deleted. Mr. Spiller! 'was present and requested a period of grace for 120.daysl at which time he would deposit the $1,500.00 in a saving's and loan bank instead of putting up a bond. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried; the 'extension of 120,days was granted, at which time Mr."Spillei will deposit $1;500.00 in a savings and loan bank, as requested, but the delay will not hold up his occupancy permit. I-, 11 i The Mayor declared afive=minute recess at 9:15 p.m- The meeting reconvened at 9:20 p.m. ZE-99-70 The Clerk presented'an application for Zone Exception Corrected Permit ZE-99-7O, Corrected; Rose C.'Logan and Kathleen -Rose Logan and Callahan, 1615 West 'Balboa, Newport Beach, for permission Kathleen Callahan to'construct and operate a pre-school and day nursery for a maximum'of twenty-four'(24) children, ages 2-6, 5 days per week, from 7:00 a.m. to'5:30 P.M. on property located at 2070 Maple Street, in an R2 zone. The Planning Commission recommended'approval subject to conditions. The' applicants were present -and stated that they agreed to the conditions:' On motion by Councilman Jordan, seconded by CouncilmariHammett, and carried, the appli- cation'was approved.subject'to the conditions. ZE-126-70 The Clerk presented an application for Zone Exception Kathryn B. Hafley Permit, ZE-126-70, Kathryn B:'Hafley,.care of.Jumping Jack Pre -School, 2549 Tustin`Avenue, Costa Mesa, for permission to c ontinue'to operate a child-care nursery for children from two years through twelve years of age, for a maximum of sixty children, on property located at 2549 Tustin Avenue, in an R2 -zone. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried,'the application was approved, subject to the conditions, as recommended by the Planning Commission. ZE-127-70 The Clerk presented an application for Zone Exception Ruth J. Fudge :Permit, ZE-127-70;'Ruth.J. Fudge, '599 Hamilton Street, Costa Mesas for permission to continue the operation of a home occupation of using an existing workroom as a catering kitchen for light cooking as previously allowed under Conditional Use Permits'C-17, C -17 -Amended, C-31-1 C -311 -Amended, on property located at 599 Hamilton .and Street; in an -R2 zone: The Planning Commission recommended approval subject to conditions. On motion by Councilman Pinkley, seconded by'Councilman�._St. Clair, and carried, the application was approved 'subject to the conditions. ZE-128-70 The Clerk presented an application for Zone Exception May Outdoor Permit, ZE'128=70, May Outdoor Advertising Company, Advertising 3980 Glen Feliz Boulevard,' Los -Angeles, for permission to maintain one 14 foot by -52 foot' single face bulletin (billboard) on property located at 1604 Newport Boulevard, _ in a C2'zone. Mr. Tarn Manus, 2758 Portola, Costa Mesa, objected from the floor as he felt the City did not need any more bulletin boards. Mr'. Robert.Lime, 3980 Glen Feliz Boulevard, Los Angeles, the applicant, addressed the ICouncil and stated that he�understood that this was only for a period of'five years with no further renewals, and on motion by Councilman Hammett, seconded by Councilman St. Clair; Councilman Pinkley voting No, the application was approved, subject -to the conditions, as recommended by the Planning Commission.' ZE-130-70 = The Clerk presented an-applcation for Zone Exception Louis Hennig, Permit, ZE-130-70, Louis Hennig, Incorporated, 900 West Incorporated Vermont, ,Anaheim, for permission to construct and operate an Auto Body Paint Shop.with minor body repairs in a C2 zone, witha 10 -foot encroachment into required 30 -foot setback from -the front property line, and a reduction of , 12 -parking spaces'02 required and 21 available), on 406 ZE-130-70 (Continued) ZE-131-70 Clement C. Doyle property located at 1920 Newport Boulevard, Costa Mesa.i Mrs. Fanny Price, 1913-1917 Church Street, addressed the Council and objected strongly to the permit being approved. She stated that it was an undesirable.busineIss for that location as it adjoined residential property and that there was not enough parking for the cars. Mr. Patrick Barrett, 1923 Church Street, Costa Mesa, spoke in opposition, also, as he felt this was a very undesirable type of business for that location. The applicant was present and answered questions asked by members of the Council. Councilman Hammett stated that in view of the fact that a large sum of money was spent for a plan to improve the area, he felt that another use of Cl, rather than a heavy industrial use in that area, would be morel desirable. After lengthy discussion, on motion by Councilman. Hammett, seconded by Councilman Jordan, Councilman St. Clair voting No, the application was denied. The Clerk presented application for Zone Exception Permit ZE-131-70, Clement C. Doyle, 200 Cabrillo Street, Costa Mesa, for permission to use AP zoned property for AP uses and residential with an open parking space in lieu of garage for each residence on property located j at 1750 Orange Avenue, Costa Mesa. The applicant was present and stated that he objected to several conditions listed, expressly, Conditions 1, 2, 6, 8, 9, and 11. 1 After a lengthy discussion Councilman Pinkley made a motion, seconded by Councilman Hammett, Councilman St. Clair voting No, to deny.the application, and the motion carried. Councilman Pinkley then made a new motion, seconded by Councilman Hammett, to approve the application, subject to all conditions listed on the application, and the motion carried with Councilman -St. Clair and Jordan) voting No. ZE-133-70 The Clerk presented an application for Zone Exception Donald T. Bull Permit ZE-133-70, Donald T. Bull, 25+8 Westminster, Costa Mesa; for permission to re -open a beer bar located at 778-782 West 19th Street, Costa Mesa, allowing the reduction of 53 on-site parking spaces in lieu of substituting equivalent off-site parking spaces to be located approximately 130 feet north and abutting Palace Avenue, in a Cl zone. The Clerk also presented a letter from the meeting of November 16,-1970, protesting re -opening of the bar at 778-782 West 19th Street, from Mrs. Tillie Vessells. Mrs. Vessells was present and addressed the Council objecting strongly to the re -opening of the bar as it is very noisy and the cars have damaged their property when the bar was open previously. Mr. Vessells also objected strongly to the bar. He stated that they have tried to sell the property and when people hear the noise coming from the bar, they decide against purchasing the property. Mr. Cornelius Perez, 1079 Salvador, Costa Mesa, owner of the bar, informed the Council that he had never had any trouble when he had the bar open but that only one of the previous owners had a great deal- of trouble. Mr. Oscar Brailo, 1933 Wallace Avenue, owner of the property located at 1933 Wallace, Costa Mesa, addressed the Council. He stated that cars had also damaged his property when the bar was previously open. He objected to the re -opening also. The owner of the land where Mr. Bull had a lease for the additional parking spaces was present and addressed the Council. However, this lease is only on a month -to month basis. After a lengthy j discussion, it was brought out that the request for dedication would cut out the parking available in the 1 1 f�,II C -J ZE-133-70 front of the building, and in the event the bar closed (Continued) and another business"came in there would be no parking 'at all. An attorney, Mr. Don.Thamer, Santa Ana, represented the owner of the property. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, Councilman Wilson and Councilman Jordan voting No, the application was approved with Condition 9 requiring dedication of all land 50.00 feet from the centerline of West 19th Street per Master Plan of Highways prior to business license issuance, being deleted and Condition 10, no topless and no bottomless entertainment, being added, and also subject to the other conditions listed on a list'of certified -recom- mendations of the Planning Commission, a copy of which is attached to the application and made a part thereof, and also only for the period of time that the lease for the parking lot runs. , ZE-134-70 The Clerk presented an application for Zone Exception Noah E. Green Permit ZE-134-70, Noah E. Green, 1876-1/2 Harbor Boulevard, Costa Mesa, for permission to use a portion of an existing building in a Cl zone for a custom upholstery shop, on property located at 774 West 19th Street. The Planning Commission recommended approval subject to conditions. The applicant•was present and agreed to the conditions. On motion by Councilman Jordan, seconded by -Councilman Pinkley, and carried, the application was approved subject to the conditions.' ZE-135-70 The Clerk presented an application for Zone Exception Sarm Enterprises Permit ZE-135-70, Sarm Enterprises, 1801 Avenue of the Stars, Los Angeles, for permission to construct an architecturally coordinated commercial project to meet the "CP" policy standards on property located at 2310, 2316, 2322, 2330, 23+0 Harbor Boulevard, in a Cl -CP zone. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, Councilman Jordan abstaining, the application was approved subject to the conditions, as recommended by the Planning Commission. ZE-137-70 The Clerk presented an application for Zone Exception Permit ZE-137-70, Nabers Cadillac Agency, 2600 Harbor Boulevard, Costa Mesa, for permission to construct a 22 -foot by 360 -foot garage structure for future automobile leasing agency (to be used for public garage rentals on an interim basis) subject to CP policy standards. Also to appeal Condition No. 13 of Conditional Use Permit C-32-67 (8 -foot block wall requirement for a length of 65 feet from Harbor Boulevard, along the southerly property line), on property located at 2600 Harbor Boulevard, in a Ci -CP zone. The applicant was present and agreed to the conditions.- On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, Councilman Jordan abstaining, the application was approved as recommended by the Planning Commission, subject to the conditions. Oral Communications There were no oral -communications. Councilman St. Clair, read a memorandum he had presented to his fellow Councilmen regarding Cable Antenna Television (CATV). The Mayor.appointed him as Council's representative on a committee to be comprised of some students and other people to be appointed by the Mayor to study this subject, 408 d i Adjournment on motion by Councilman Jordan, seconded by Councilman Hammett, and carried,.Councilman St. Clair abstaining. i The Mayor adjourned the meeting 11:05 p.m. . I Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Cose Mesa I I I I 1