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HomeMy WebLinkAbout02/16/1971 - City CouncilREGULAR MEETING OF THE CITY COUNCIL February 16, 1971 PART I Minutes February 1, 1971 Resolution Regarding Retro- fitting Aircraft Resolution Regarding 16.2 Percent Rate Increase Resolution Regarding 16.2 Percent Rate Increase AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None CONSENT CALENDAR ITEMS: On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the following Consent Calendar Items were approved in one motion. The Minutes of the regular meeting of February 1, 1971, were approved as distributed and posted. A Resolution from the City of Monterey Park favoring retrofitting existing aircraft to reduce aircraft noise was received and processed. A Resolution from the City of Monterey Park regarding opposition to the 16.2 percent rate increase requested by the Southern California Edison Company was received and processed. A letter and Resolution from the City of Fontana opposing the rate increase of 16.2 percent requested by the Southern California Edison Company and urging that all cities affected by the increase in rates do likewise were received and processed. 2-01. 'The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., February 16, 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. Roll Call Councilmen Present: Wilson, Jordan, Pinkley, St. Clair, Hammett Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk Bid Item 168 The clerk reported that bids had been opened on February 5, Sprinkler Pipe 1971, at 11:00 a.m., for Bid Item 168, the furnishing of Fittings and Various Sprinkler Pipe Fittings and Supplies for the Park Supplies Department. Bids were received from the following: Keenan Pipe and Supply'Company, Costa Mesa; Bishop Company, Whittier; West Coast Irrigation Supply Company, Santa Ana; Howard Supply, Vernon; Smith -Bennett Company, Incorporated, Santa Monica; Inland Pipe and Supply Company, Incorporated, Riverside; Oranco Supply Company, Anaheim; Nees Turf Supply Company, Arcadia; A-1 Turf Irrigation Sales, Orange. Prices submitted for numerous items are on file in the City Clerk's Office. Awarded On motion by Councilman Jordan, seconded by Councilman St. Clair, the bid was split and awarded as follows: Bishop Company, $338.13; Inland Pipe and Supply Company, $529.52; Howard Supply Company, $111.05; West Coast Irrigation Supply Company, $315.81; Keenan Pipe and Supply Company $453.37, by the following roll call vote: Minutes February 1, 1971 Resolution Regarding Retro- fitting Aircraft Resolution Regarding 16.2 Percent Rate Increase Resolution Regarding 16.2 Percent Rate Increase AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None CONSENT CALENDAR ITEMS: On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the following Consent Calendar Items were approved in one motion. The Minutes of the regular meeting of February 1, 1971, were approved as distributed and posted. A Resolution from the City of Monterey Park favoring retrofitting existing aircraft to reduce aircraft noise was received and processed. A Resolution from the City of Monterey Park regarding opposition to the 16.2 percent rate increase requested by the Southern California Edison Company was received and processed. A letter and Resolution from the City of Fontana opposing the rate increase of 16.2 percent requested by the Southern California Edison Company and urging that all cities affected by the increase in rates do likewise were received and processed. 2-01. Resolution A resolution from the City of Culver City opposing the Regarding 16.2 rate increase of 16.2 percent requested by Southern j Percent Rate California Edison Company was received and processed. Increase I Stronger A letter from Janell All Breed Grooming Salon, 825 North Legislation Harbor Boulevard, Fullerton, urging that stronger Regarding Animals legislation for disposing of or accepting animals at public gatherings be adopted at all levels of government was received and processed. Assignment of A resolution from the City of Tustin urging the Board of Marshal's Supervisors of the County of Orange to follow and Functions to implement the recommendations of the 1970 Orange County j Sheriff Grand Jury Report regarding assignment of Marshal's functions to the Sheriff was received and processed.. Resolution A letter and resolution from the City of San Mateo urging) Regarding Tax legislation which would bring about meaningful property Relief tax relief by means of a different assessment ratio for j single family dwellings and urging Costa Mesa to adopt a similar resolution were received and processed. j Spheres of A letter and report from the Local Agency Formation Influence Commission on a program for establishing spheres of influence for Orange County Cities was received and processed. i Burke Letter A letter from Assemblyman Robert H. Burke acknowledging receipt of Costa Mesa's Resolution 71-4, regarding the adoption of any proposal to incorporate local government in the decision-making process concerning orderly physical development of a region was received and processed. Cranston Letter A letter from.Senator Alan Cranston acknowledging receipt) of Resolution 71-4, regarding the incorporation of local government in the decision-making process concerning orderly physical development of a region was received and processed. ! Tunney Letter A letter from Senator John V. Tunney acknowledging receipt of Resolution 70-109, regarding action to stop the flood ! of smut and obscenity in our Country and State was received and processed. i Proposed County A letter from the County of Orange concerning the proposed Human Relations County Human Relations Commission, including a statement Commission of goals and organization and an estimated budget.was received and processed. Letter A letter from Marie Morgan, 246 Joann Street, Costa Mesa,.. Commending City commending the City for sending out pamphlets asking people to move their cars so the street sweepers can do a) better job was received and processed. Direct Aerial A resolution, similar to Costa Mesa's resolution, from Route the City of Stanton requesting the Public Utilities Commission to provide a direct aerial route from the Orange County Airport to Sacramento was received and processed. i i 1 1 Letter from A letter from the Orange County Water District offering Orange County to have a representative appear before Council to present Water District a resume of the Water District's activities, work programs and objectives was referred to Mr. Jerry Patterson, first Vice President of the Orange County Chapter of the League of California Cities, to be brought up on the agenda for the executive meeting. Regulating On motion by Councilman Jordan, seconded by Councilman Storage of Drugs St. Clair, and carried, a letter and resolution from the City of Stanton requesting enactment of appropriate legislation on regulating the maintenance and storage of dangerous drugs and narcotics were referred to Councilman Pinkley and Councilman Hammett. Carole's A reapplication for person transfer of on -sale beer license j from Donald H. and Lillian E. Sanson to Leona M. Wenz, 755 West 18th Street, Costa Mesa, for Carole's 810-812 West 19th Street, Costa Mesa, was received and processed. The Planning Department filed a letter of protest on grounds of insufficient parking. Escapade Room An application for person transfer of on -sale beer license from Michelle M. and Perry M. McColpin to Perry M. McColpin for the Escapade Room, 1664 Newport Boulevard, Costa Mesa, was received and processed. The Matador An application for on.=sale.-beer and wine license from Marcial C. and Mary M. Gallardo for the Matador, 1768 Newport Boulevard, Costa Mesa, was received and processed. Departmental The following Departmental Reports were received and processed: Reports Traffic Engineer; Planning Department; Director of Finance, Permits of non-profit nature; Fire Department; Parks Department; Street Department; and City Treasurer. Refunds Request for refund of $25.50 permit fee from A. B. C. Heating Company, 2991 Grace Lane, Costa Mesa, as the property is not A. B. C. Heating located in the City of Costa Mesa. It was recommended for Company approval by the Director of Building Safety and was authorized by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. -Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None S. K. Leasing Request for refund of $697.50 permit fee from S. K. Leasing, 2901 Wilshire Boulevard,.Suite 255, Santa Monica, as the planned medical office building at 2101 Newport Boulevard was never started and has been abandoned. The Director of Building Safety recommended approval of $592.88, 85 percent of the permit fee. The refund of $592.88 was authorized by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None 1 Business License A Notice of Intention to Solicit for Children's Asthma Applications Research Institute and Hospital; Pacesetter Chapter; Denver, Colorado; by door-to-door solicitation and by Children's Asthma canisters in local stores and banks from March 1 through Research 31, 1971, with 100 percent of contributions collected to Institute and go to the charitable purpose, was approved with Section Hospital 6914J of the Municipal Code waived. The Place Back Stage Fish Fry and Carnival An application from The Place, 2970 Bristol Street, Costa Mesa, to change ownership for two pool tables and one shuffleboard at that address was approved as was recommended by the Fire and Police Departments. An application from the Back Stage, John Bellamy, President, 1700 Placentia Avenue, Costa Mesa, for a yearly dance at I that address, was approved subject to approval of the Police and Fire Departments. A request from the Costa Mesa -Newport Lions Club for a permit to conduct its annual Fish Fry and Carnival at Costa Mesa Park on June 4, 5, and 6, 1971, as provided in: the November 18, 1963, agreement with Costa Mesa, was approved subject to approval by the Police and Fire Departments. Right -of -Way The following right-of-way deed was accepted and ordered Deed 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 STREET 1-26-71 Norman A. and Joan R. Craig 22nd Street Business License On motion by Councilman Jordan and seconded by Councilman Hammett, the application for a business license from Sherwood Forrest Sherwood Forrest, Post Office Box 4679, Irvine, for street vending by solicitors and by newspaper publication, was stricken from the record. A substitute motion was made by Councilman Pinkley and seconded by Councilman St. Clair to Held Over refer the matter to the City Attorney for study and report back in two weeks, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Mrs. Marilyn On motion by Councilman St. Clair, seconded by Councilman Alice Loveland Jordan, the application by Mrs. Marilyn Alice Loveland Pawnbroker for pawnbroker, to be supplemental to an existing business at 440 East 17th Street, Costa Mesa, was approved by the Approved following roll call vote: AYES: Councilmen: Wilson, Jordan, Hammett, St. Clair NOES: Councilmen: Pinkley ABSENT: Councilmen: None Art and Winston On motion by Councilman Hammett, seconded by Councilman Verdult St. Clair, an application by Art and Winston Verdult for Pawnbrokers a pawnbroker shop at 1763 Newport Avenue, Costa Mesa, was approved by the following roll call vote: Approved AYES: Councilmen: Wilson, Jordan, Hammett, St. Clair NOES: Councilmen: Pinkley ABSENT: Councilmen: None 1 1 SII J Walkathon On motion by Councilman St. Clair, seconded by Councilman Jordan, a request for permission to walk through Costa Mesa on February 21, 1971, in conjunction with a planned Walkathon to raise money for the Seventh -day Adventist's Voice of Approved Prophecy "Way -Out" program, was approved, with the stipulation that they not walk through the City after dark, 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 657 St. Clair, Warrant Resolution No. 657, including Payroll 7102 was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett .NOES: Councilmen: None ABSENT: Councilmen: None City Attorney The City Attorney reported that an ordinance had been drafted relating to appeal from zone exception permit applications to cover a void in our ordinances governing appeals. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, copies of the ordinance will be referred to the Planning Commission and Planning Department for study. The Firehouse The City Attorney recommended that the Council schedule a public hearing concerning the Firehouse. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, a public hearing was set for 7:30 p.m., on March 1, 1971, in the Council Chambers, 77 Fair Drive, Costa Mesa, to Public Hearing determine whether the business license issued to the Set Firehouse, 177 East 17th Street, Costa Mesa, should be revoked. The City Clerk was instructed to notify the operators of the Firehouse of the public hearing. City Manager The City Manager presented a resolution authorizing payment of expenses for City Councilmen and their wives in the conduct of City business and setting forth the policy therefor. On motion by Councilman Jordan, seconded by Councilman Resolution St. Clair, and carried, the matter was held over until the Held Over meeting of March 1, 1971. Subdivision The City Manager presented a recommendation from the City S-18-68 Engineer to exonerate the $16,000 Time Certificate of Deposit for securing improvements on Ogle Street and Builder's Santa Ana Avenue, S-18-68, Builder's Emporium and that the Emporium $4,000 Time Certificate of Deposit be retained by the City to assure completion of improvements on East 17th Street. On Time motion by Councilman St. Clair and seconded by Councilman Certificate Pinkley the exoneration of the $16,000 Time Certificate of Exonerated Deposit was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Relocate Service The City Manager presented a recommendation of the City Poles Engineer for a permit to relocate the existing Edison Company service poles in the proposed alley development located westerly of Irvine Avenue, just south of East 17th Street. On motion by Councilman St. Clair, seconded by Councilman Hammett, and carried, the permit was granted. Cooperation with The City Manager recommended that the Council adopt a Water Quality resolution pledging cooperation with the California Control Board Regional Water Quality Control Board. On motion by Councilman Jordan, seconded by Councilman Pinkley, Resolution 71-8 Resolution 71-8, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PLEDGING COOPERATION TO THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SANTA ANA REGION, IN THE NOTIFICATION OF THE FILING OF DEVELOPMENTS WHICH INVOLVE MAJOR WASTE DISCHARGE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Special Census The City Manager recommended that the City of Costa Mesa enter into,an agreement with the State.Department of Finance for a special census as of April 1, 1971, with an approximate cost of $550.00 coming out of the general fund. On motion by Councilman St. Clair, seconded by Councilman Hammett the agreement was approved and the - Director of Finance and City Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Auto Auction i The City Manager presented a request from Kan Kal Enterprises, Incorporated, care of Mr. Waller, 936 Paularino Avenue, stating that they will conduct an auto auction at the Orange County Fairgrounds. Cars, trucks, campers, boats, and motorcycles will be auctioned'. - The City Manager suggested that it be operated similar to a swap meet and that if the Council desires a letter be sent to the Fair Board requesting that the operators require each owner to have a pink slip on his vehicle, that it be guaranteed that the sales tax be returned to the City of Costa Mesa, and that they must have a State Board of Equalization License. On motion by Councilman St. Clair, seconded by Councilman Jordan, and j carried, the request was approved with the recommendation+ that the Fair Board request.that a business license be part of the approval of the Fair Board, as well as the requirement that each owner have a pink slip on his vehicle and that the operators have a State Board of Equalization License. Southern The City Manager reported that at this time he was unable California Edison to recommend a position to be taken concerning the Company Request transmission lines the Edison Company plans to place down the Santa Ana River. Mr. A. L. Geiser, District Manager,; 1505 Mesa Verde, Costa Mesa, stated that the Edison Company would file for the transmission lines to go in on March 1, and that they hoped this would be preceded by a letter stating the position of the City Council. He continued with a presentation on three possible routes which could be taken with the transmission lines. The preferred route would be on the north side of Talbert, down Talbert,tb the Santa Ana River, and along the east side of the Santa'" - Ana River along the Edison Company right-of-way. A second route would be 1,000 feet south of Talbert through Segerstrom property. A third route would be 1,000 feet north of Talbert, through the Santa Ana River, and down through the Edison Company right-of-way. On motion by j 1 11 1 1 1 Held Over Southern Councilman Jordan, seconded by -Councilman Hammett, and California Edison carried, the matter was held over for two weeks for the Company Request City Manager and staff to continue studying the alternatives (Continued) and then the City Manager will present a recommended position to the Council on March 1. 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., February 16, 1971, 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 Reverend W. Whit Herrington, Pastor, Church of Christ, 287 West Wilson, Costa Mesa. Roll Call Councilmen Present: Wilson, Jordan, Pinkley, St. Clair, Hammett Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Public Works/City Engineer, City Clerk Mr. George Skeith Mr. George Skeith of the Orange County Health Department addressed the.Council. He.has been transferred to Laguna Beach after working in Costa Mesa for the.past 11 years. He said that it had been a pleasure working in Costa Mesa -arid he had enjoyed his cordial relationship with the Council. The Mayor thanked Mr. Skeith for his fine cooperation over the years and commended him as a fine public servant. . Mr. Mike Chance Councilman Jordan recommended that Mr. Mike Chance, a college student, be appointed to replace Mr. Steve Romines Appointed to on the Crime Prevention Committee. On motion by Mayor Crime Prevention Wilson, seconded by Councilman Jordan, and carried, Committee Mr. Chance was appointed to serve on the Crime Prevention Committee. Santa Ana Students The Mayor introduced a group of students from Santa Ana Welcomed College and their public administration instructor, Mr. Jamison. Future Farmers A proclamation from the City of Costa Mesa declaring of America February 21 through 28 as Future Farmers of America Week was presented by the Mayor to the officers of the Costa Mesa Proclamation Chapter and their sponsors, Mr. Boston and Mr. Lovelady. Public Hearing The Clerk stated that this was the time and place set for the public hearing on Rezone Petition R-71-2, Costa Mesa Planning Commission, for rezone of property located in the general area south of West 19th Street and west of Whittier Avenue, from M1 to Rl. The Clerk reported that she had received one petition with 43 signatures from the residents of Orange Coast Trailer Lodge, 1684 Whittier Avenue, Rezone Petition Costa Mesa, and one petition with 104 signatures from the R -71 -2, -Planning residents of Greenleaf Mobile Homes Park, 1750 Whittier Commission Avenue, Costa Mesa, both petitions being in favor of the rezoning. Mr. William H. Wilson, 1032 West 18th Street, spoke against rezoning the property. He stated that -the people who own property in the area should have a greater voice in the decision than those who live in the trailers and do not own property. Mr. J. N. Clark, 1620 Whittier Avenue, spoke against rezoning the property because it was Public Hearing already being used as M1 for commercial building, and j he had received permission from the City to go ahead with! Rezone Petition his plans for Ml commercial building,in the area. Mr. James R-71-2, Planning Peterson, 1709 Whittier Avenue, and Mr. Frank Smith, 1720; Commission Whittier Avenue, spoke in opposition to the change in (Continued) zoning. Mr. Howard Carson, 1750 Whittier Avenue, owner of the Greenleaf Mobile Homes Park, spoke in favor of rezoning. He stated that the mobile home owners had a great deal of money invested in their homes and the area was working out successfully as a residential area. On motion by Councilman Pinkley and seconded by Councilman Jordan the public hearing will be held open indefinitely, and not brought back on the agenda until all the people involved are notified. Councilman St. Clair made a substitute motion to deny they rezone. There was no second to the motion. The motion to Held Open hold the public hearing open indefinitely, up to the 180 -day limit allowed by law, and not brought back on the agenda until all the people involved were notified, was approved] by the following roll call vote: `. AYES: Councilmen: Wilson, Pinkley, Hammett Jordan NOES: Councilmen: St. Clair ABSENT: Councilmen: None Public Hearing The Clerk stated that this was the time and place set for'. the public hearing on the proposed realignment of Del Mari Avenue in the City of Costa Mesa from Newport Boulevard to Santa Ana Avenue, from its present alignment northerly for a distance of 120 feet, more or less. Mr. George Madsen, Director of Public Works gave a synopsis of what the staff is recommending. He gave a history of the project and told the Council of various studies showing Proposed alternate methods of widening the street. He said' there Realignment of were two members from the County Road Department, the Del Mar Avenue Planning Engineer from the County; and the -Traffic Engineer from Newport Beach to answer questions about the continuation of the project. Mr. Howard Rolsheim, 223 Lillian Place, spoke in opposition to the widening and suggested that the City have more accurate maps and a commitment from the County of Orange on what will be done, with the remainder of the street. Miss Clare Laljer, 2290 Columbia Drive, submitted a petition of 49 names to the Clerk asking the City Council to return the Del Mar realignment to the. Planning Commission with the following, guidelines: establish better coordination with the County and consider alternate plans. Miss Laljer suggested using . one-way streets or Mesa Verde Drive as alternates. Mr. C. R. Davidson, 235 Lillian Place opposed the widening and also suggested going through the Orange County i. Fairgrounds. Also opposed to the widening were the following speakers: Mr. Harold J. Iak, 2612 Westminster Place; i. Mr. Harold L. Lundell, 3608 Fairview Drive; Mr. Ben Gockley, 264 Del Mar Avenue; Mr. Ted Bologh, 286 Del Mar Avenue; Mr. Jim Hall, 201 Susanna Place; Mr. Kenneth Lindberg, 385 Mira Loma Place; Mr. Desmond Naismith, 108 Del Mar. Mr. Robert L. Jaffey, Traffic Engineer from the City of Newport Beach, said their Department would be willing to meet with Costa Mesa to discuss lining up the streets. On motion by Councilman Hammett and seconded by Councilman Pinkley, it was agreed to hold the public hearing open, for a Held Open maximum of 180 days, until more information is available and to notify the property owners on both sides of Del Mar Avenue when it will.be brought back on the agenda, by the: following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None A 10 -minute recess was called at 9:45. The meeting reconvened at 9:55. Zone Exception ZE`=121..=70. The Mayor requested that the Council take Mr. Ralph Bonds' Corrected Zone Exception application, ZE-121-70, Corrected, out of order as he had an appointment. Mr. Ralph Bonds, 312 St. Ralph.Bonds Andrews Road, Newport Beach, requested that his application be held over. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, the application was tabled for 60 days and all of those who are involved are Held Over to be notified when it again appears on the agenda. Public Hearing The Clerk stated that this was the time and place set for the public hearing to show cause why property at 2068 Newport Boulevard, owned by Spiller Investment Company, 1649 Westcliff Drive, Newport Beach, should not be declared Spiller a public nuisance. Dean Dorris, Building Inspector, Investment addressed the Council as the representative of the Building Company- Safety Department. He reported on his findings and presented photographs which had been taken of the property. Mr. Dorris reported that one building had been posted and that Mr. Spiller was in violation of Section 8611 of the Municipal Code as trailers were in evidence. At this time Mr. Dorris said one of the trailers had a for sale sign on it,and the other seemed to still be occupied. He reported that one building was being used as an artist's studio and another building was also occupied. Mr. Dorris reported that trash was in evidence and that there was a large bus on the property. Mr. Spiller said that he was planning to use the property in a different manner. He said he was waiting to hear from the Planning Commission on his plans for putting up a 27 -unit apartment building on the property. He said some changes had been made. He fenced off one side of the building, put a for sale sign on the trailer, the front building which was an art building is now up for rent as a residence,,the small sheds in the rear are not used for an art studio but by a friend who is painting there as a hobby, the lawns have been.mowed, the gravel on the street has been leveled, and the condemned property has not been occupied. Mr. Spiller said the only problem remaining was the trailer had not been disconnected. He also reported that he did not know who was the owner of the bus. After discussion, the Council felt that Mr. Spiller had not brought his property up to specifications, even with his improvements. The Mayor declared that the public hearing was. closed as there were no other persons interested in speaking for or against .the matter. On motion by Councilman Jordan and seconded by Councilman Pinkley, the property Public Nuisance was declared a public nuisance by the following roll call Declared vote:' AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None On motion by Councilman Jordan and seconded by Councilman Hammett, Mr. Spiller was given 30 days to correct the conditions.by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan, Hammett NOES: Councilmen: St. Clair ABSENT: Councilmen: None The City Attorney stated that additional time could be given for correction of the conditions if necessary. f?' A Public Hearing The Clerk stated that this was the time and place set for continuing the public hearing from the meeting of Karen A. Fenn February 1, 1971, concerning Karen A. Fenn, to show cause; ZE-107-69-Amended why Zone Exception Permit ZE-107-69-Amended, for permission, to operate an open boat storage lot and to allow the use' of an existing dwelling unit for caretakers' quarters in r addition to a trucking terminal at 2097-2099 Placentia Avenue, in an M1 zone, should not be revoked. The City a Attorney said that -since Miss Fenn had represented herself as the owner of the business, her recent letter saying she was not responsible for the zone exception permit would not be considered as a withdrawal. He said the only remaining issue was whether there was major boat building, occurring on the premises. He further reported that the licensing problem would not be considered at this hearing'. Miss Fenn explained that when she bought the property it was not zoned as M1 as it had been represented to her. ! She said she had not represented herself as the owner of the business, only as the owner of the property. She also said that there was no manufacturing going on at the Zone Exception premises. The City Attorney stated that after representing Permit Revoked herself as the owner of the business for a year and a half, this could be used as grounds to revoke the permit. On motion by Councilman Jordan, seconded by'Councilman Hammett, and carried, Councilman St. Clair voting no, the; public hearing was closed as there was no other persons interested in speaking for oragainstthe matter. On motion by Councilman Hammett and seconded by Councilman Pinkley the permit was revoked and a Cease and Desist Order was authorized by the following roll call vote: i AYES: Councilmen: Wilson, Pinkley, Jordan, Hammett NOES: Councilmen: St. Clair ABSENT: Councilmen: None Appeal of The Clerk presented a continuation of the appeal of the Decision Louis decision to deny a permit by Louis Hennig, Incorporated, Hennig, 900 West Vermont Avenue, Anaheim, Zone Exception Permit i Incorporated ZE-130-70, which was denied by Council on January 4, 1971. The Clerk reported that proper notification had gone to ZE-130-70 owners within 300 feet of the property. The Clerk also presented a letter from the Director of Planning reporting the following revised plans: 1. The large door facing Newport Boulevard had been closed so finished cars would exit from the driveway. 2. Only one parking space had been retained in the front yard. The Director of Planning also reported that these changes result in expansive landscaping in front of the building in the 20 foot wide setback which creates a project more desirable than originally planned. Mr. John McDonald, 533 Center Street', spoke against approving the application. Mr. Frank Uitz, 1924 Churst Street, and Mr. Roy McCardle, 1997 Fullerton Avenue, spoke in favor of approving the application. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the application was approved, subject to conditions listed on the application and made a part thereof. ZE-71-4 The Clerk presented from the meeting of February 1, 1971,!; Donald F. Downing Zone Exception Application ZE-71-4, Donald F. Downing, 775 Summit.Drive, Laguna Beach, for permission to encroach 20 feet into the 25 -foot rear yard setback for the construction of a duplex with an attached three -car garage in additionito an existing residence at 361 La Perle Lane, Costa Mesa, in an R2 zone. Mr. Downing reported that the architect was planning to make changes and make a more complete rendering. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, the application was sent back to the Planning Commission. 1 1 1 Abandonment of The Clerk presented a request from Michael Spiropoulos, Alleys Requested 21150 Pacific Coast Highway, Malibu, that the City abandon Fountain Way West and Fountain Way East running from West Wilson Street to Joann Street between Meyer Place and Maple.Street, for street purposes only. After discussion, on motion by Councilman Jordan, seconded by Denied . Councilman St. Clair, and carried, the request was denied. Incomplete The Clerk presented a petition from the Marina -Highland's Structure Association, Incorporated, 1136 Gleneagles Terrace, Costa Mesa, complaining about an incomplete structure located at 1128 Gleneagles Terrace. The City Manager stated that at the present time he did not have a report and requested that the matter be held over for two weeks. The following people spoke against the incomplete structure: Mr. Norman Slatter, 1136 Gleneagles Terrace, President of the Marina - Highlands Association; Mr. Dick Willard, 1133 Gleneagles Terrace; and Mr. Sig Fiedyke, 1136 Gleneagles Terrace. Mr. John Wakula, 648 Beach Street, spoke as a representative of the owner, and Mr. John Balough, 2734 San Lucas Lane, also spoke in support of the owner. On motion by Councilman Jordan, seconded by Councilman Hammett, and Held Over carried, the matter was held over for two weeks for the City Manager to investigate. Rezone Petition On motion by Councilman Jordan, seconded by Councilman R-71-3 Hammett, Rezone Petition R-71-3, Costa Mesa County Water District, 77 Fair Drive, Costa Mesa, for permission to rezone property 'located at the northwest corner of 16th Costa Mesa.County Street. and Monrovia Avenue, from I and R to Ml, was set Water District for public hearing at 7:30 p.m. in the City Hall Council Set for Chambers, 77 Fair Drive, on March 1, 1971 by the following Public Hearing roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None East Side Study Mr. Dave Leighton of the Planning Department made a Report presentation on the East side study report initiated by the Costa Mesa Planning Department to be established as a policy guideline for the Planning Department and City Council. Mr. Steven McNash spoke in support of the study, but felt spot zoning.should be studied with reservations. The following people were opposed to rezoning the property between 19th Street and Mesa Drive and between Newport Boulevard and.Orange Avenue: Mr. Dick Lawrence, 338 Cherry Tree Lane; Mr. Tom Manus, 2758 Portola; Mr. William R. Hoffman, 2300 Newport Boulevard; Mr. Robert Chew, 2375 Cornell Drive; Mr. Bud Overman, 114 23rd Street; Mrs. Elizabeth Peterson, 2278 Newport Boulevard; Mr. F. E. DeBeef, 2314 -18 -20 Newpor.t,Boulevard; Mr..DeMurl Tosh, 2.438 Newport Boulevard; and Mr. -Harry Rueffer,, 2217 Raleigh Avenue. Mr.•Richard Sewell -,.434A East .17th Street, spoke in favor of having a study of this type. Mr. Sewell stated it was difficult to develop property when it is not known what is planned for the area: On motion by Councilman Hammett, seconded by Councilman Pinkley, the East side study report was accepted as a study and was tabled until the time the Council ha -s -had an opportunity to study it. Encroachment The Clerk presented Encroachment Permit No. 56 Alexander Permit No. 56 Goglaian, 2136 Placentia Avenue, Costa Mesa, for permission to install new copy panel faces onto existing vertical sign support columns allowing a maximum projection of 2 feet into Alexander the public right-of-way, on property located at 2136 Placentia Goglaian Avenue, in a Cl zone. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, permission was granted subject to conditions. Zone Exception The Clerk presented application for Zone Exception Permit! ZE-132-70 ZE-132-70, Corrected, Vincent Grandolfo, 6431 Tyrone Circle, Corrected Huntington Beach, for permission to construct one residental unit over an existing four -car garage in Vincent Grandolfo addition to two existing units, making a total of three units on.6675.66 square feet of land area (1 unit per 2225.22 square feet) in an R2 zone, allowing an encroachment of 14 feet into the required 25 -foot rear yard setback and a 2 -foot encroachment into the required 5 -foot side yard i setback, on property located at 168 East 19th Street. The Clerk reported that she had received five signed statements and four letters opposing the application. The Planning Director presented the reasons for the Planning Commission's recommendation for denial. He said it would be poor planning to do this.until something is done about the East side; and if anything is done, it should be done by ! rezoning rather than by zone exception'. Mrs. Dorothy Deeg, 164 East 19th Street, and Mrs. Manual Cangson, 171 Costa Mesa Street, spoke in opposition to the application. Mr. Vincent Grandolfo was present and addressed the Council. After discussion, on motion by Councilman Jordan, seconded by Councilman Hammett, and carried, Councilman St. Clair j voting No, the application was denied. Zone Exception i The Clerk presented application for Zone Exception Permit ZE-71-5 ZE-71-5, Robert E. McClelland and/or Marshall H. Maberry,! Robert E. 231 Sherwood Street, Costa Mesa, for permission to McClelland construct a single story duplex unit on 10,080 square feet of land area (1 unit per 5040 square feet) in an R1 zone, on property located at 2255 Santa Ana Avenue. The Planning Director stated that the applicant wished to have his application withdrawn. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the application was withdrawn. The Planning Director also reported that the applicant had requested a refund. After discussion, on motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the refund was denied. Zone Exception The Clerk presented application for Zone Exception Permit! ZE-71-13 ZE-71-13, Gene Stephens, 2318 Newport Boulevard, Costa Gene Stephens Mesa, for permission to construct a 60 -unit motel in a C21 zone and permission to exceed .the maximum permissible building height allowing the construction not to exceed three stories in height as per section 9294.2 of the Municipal Code, on property located at 114 East 20th Street. Mr. Stephens requested a chance to renegotiate with the Planning Commission concerning the application. On motion by Councilman Pinkley, seconded by Councilman Jordan, and:1 carried, the application was returned to the Planning Commission. Zone Exception The Clerk presented application for Zone Exception Permit! ZE-71-15 ZE-71-15, Melvin Alexander, care of H. Wills, 15580 Brookhurst Melvin Alexander Street, Westminster, for permission to encroach 13.68 feet into required 19.68 -foot rear yard setback for existing family room addition connecting existing residence with existing detached garage, on property located at 581 Yorkshire Street, in an R1 zone. On motion by Councilman St. Clair; seconded by Councilman Hammett, and carried, the application was approved subject to conditions as recommended by the Planning Commission. sj G'T �t� r Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-17 ZE-71-17, Donald Dean Evans, 198 -East 20th Street, Costa Donald Dean Mesa, for permission to encroach 12.5 feet into ,the Evans required 20.00 -foot rear yard setback for the construction with regard to the final action taken by Council on an of a double car garage structure attached to the residence, on property located at that address, in an R2 zone. The Planning Commission recommended approval subject to instructed the Clerk to put this on the agenda for the conditions Nos. 2 through 9 with No. 1 deleted, concerning sidewalks. Councilman Pinkley made a motion to approve the application subject to conditions Nos. 1 through 9. The motion died for lack of a second. On motion by Councilman Comments St. Clair, seconded by Councilman Hammett, and carried, Councilmen Pinkley and Wilson voting No, the application Procedural Pamphlet be made available for people requesting was approved subject to conditions Nos. 2 through 8, with St. -Clair the condition concerning sidewalks deleted. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-18 ZE-71-18, Philip A. Spiller, 1649 Westcliff Drive, Newport Philip A. Spiller Beach, for permission to construct ten units on 20,130 square feet of land area (1 unit per 2013 square feet) in The personnel session adjourned at 1:25 a.m. an R2 zone, on property located at 2324 Elden Avenue. The Adjourned Planning Commission -recommended approval subject to conditions. After discussion, on motion by Councilman 114 Jordan, seconded by Councilman Hammett, the application was held over until the applicant can submit a more complete rendering of his plans. The Council expressed the wish that in the future it be the policy of the Planning.Depa-rtment to expect an architect's or artist's rendering, in color, on these items. ATTEST: 64 City Clerk of the City of Costa a Oral Mr. Chuck Spiller, 1524 Anita Lane, Newport Beach, addressed Communications the Council regarding a possible misunderstanding he had with regard to the final action taken by Council on an alley where drainage improvements were needed. The Mayor instructed the Clerk to put this on the agenda for the meeting of March 1, 1971. Councilmanic Comments Councilman St. Clair suggested.that a Council Appeal Councilman Procedural Pamphlet be made available for people requesting St. -Clair zoning information. Adjourned to Personnel Session The meeting adjourned to a personnel session at 12:43 a.m. Personnel Session The personnel session adjourned at 1:25 a.m. Adjourned 114 ..r5Xfi� ,.}`,µu A { X'^r'ja 3 hiC % Mayor 'of the City of Costa Mesa ATTEST: 64 City Clerk of the City of Costa a