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HomeMy WebLinkAbout03/01/1971 - City CouncilII REGULAR MEETING OF THE CITY COUNCIL March 1, 1971 I PART I i The City Council of the City of Costa Mesa; California,,' met in regular session at 6:30 p.m., March 1, 1971, at' the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor for the purpose of j 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, City Attorney, Director of Public Works/City Engineer, City Clerk Bid Item 169 The City Clerk reported that bids had been opened on Van Type Truck February 19, 1971, for Bid Item 169, the furnishing of ! one 1971 Van Type Truck. The following bids were received: NAME AMOUNT Theodore Robins, Incorporated $2,890.71 International Harvester NO BID li Connell Chevrolet 2,804.05! Dunton Ford '2,799.80 Awarded On motion by Councilman Jordan, seconded by Councilman Hammett, the bid was awarded to Connell Chevrolet, Post! Office Box 1350, Costa Mesa, for the net price of $2,804.05, under rules of the City of Costa Mesa pertaining to local vending preference, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, j St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Bid Item 170 I i The Clerk reported that bids had been opened by the Clerk Truck Cab, on February 19, 1971, for Bid Item 170, the furnishing. 'of Chassis and Dump a 1971 Model Truck Cab, Chassis and Dump Bed with Hois-t!. Bed with Hoist The following bids were received: NAME AMOUNT Wood's GMC, Incorporated $5,254.00 Motor Truck NO BID Theodore Robins, Incorporated 5,080.27 International Harvester Company 5,070.0.8 Connell Chevrolet 5,177.05 i Awarded On motion by Councilman Jordan, seconded by Councilman Pinkley, the bid was awarded to Theodore Robins, Incorporated, 2060 Harbor Boulevard, Costa Mesa, in the amount of $5,080.27 under the rules of the City of Costa Mesa pertaining to local vending preference, by the following roll call vote: 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. i Minutes The Minutes of the regular meeting of February 16, 1971;, February 16,,1971 were approved as distributed and posted. 1 Uniform Sign A Resolution of the County of Orange Board of Supervisors Ordinance indicating a desire to discuss proposed uniform sign ordinance with the Orange County Division of the League of Cities was received and processed. Representatives A resolution from the Board of Supervisors of Orange County, Appointed by stating that Supervisors William J. Phillips and Ralph B. Board of Clark are representatives to work with the Orange County Supervisors Division of the League of California Cities on the problems of.island areas in Orange County was received and processed. Proposed A notice from the Local Agency Formation Commission that a Annexation hearing will be held on March 10, 1971, for proposed Hearing - annexation to Santa Ana of Sunflower and Bear Annexation, Sunflower and located on Costa Mesa's border containing 1.29 acres was Bear received and processed. Proposed A notice from the Local Agency Formation Commission that Annexation hearing will be held on March 10, 1971, for proposed Hearing— Engineer's No. 135 Annexation to the Costa Mesa Sanitary Engineer's 135 District, located off Baker Street, was received and processed. Engineer's No. A resolution from the Local Agency Formation Commission 133 Annexation approving annexation of Engineer's No. 133 to the Costa Mesa Approved Sanitary District was received and processed. Minutes - Orange County Mosquito The Minutes of the meeting on January 21, 1971, of the Abatement Board of Trustees of the Orange County Mosquito Abatement District District were received and processed. Board of The,Minutes from the Orange'County Board of Supervisors Supervisors stating that Costa Mesa's Resolution 71-4 was received Minutes and filed, were received and processed. Hearing on Rate A.notice from the Public Utilities Commission of a hearing Increase of on application of the Western Union Telegraph Company for Western Union an order authorizing it to revise certain intrastate rates Telegraph and charges applicable to message telegraph and other services in California was received and processed. Southern A notice from the Public Utilities Commission of application California Gas by Southern California Gas Company to charge a uniform Company Request monthly charge all year to customers, increasing revenues For Rate Change approximately $19 million under Hot Year conditions, and decreasing revenues approximately $19 million under Cold Year conditions was received and processed. Letter from A letter from the Southern California Association of SCAG Regarding Governments concurring with Resolution 71-4, regarding the Resolution 71-4 adoption of any proposal to incorporate local government in the decision-making process concerning orderly physical development of a region was received and processed. Reaffirmation of A letter from Senator Alan Cranston acknowledging Council's Resolution reaffirmation of Resolution 70-109, regarding action to Regarding Smut stop the flood of smut and .obscenity in our Country and and Obscenity State was received and processed. Resolution A letter and resolution from the City of Newport Beach Regarding.Sale of urging the League of California Cities and the County Beverages in Supervisors' Association of California to seek action to Disposable alleviate the problem of litter and waste disposal created Containers by the sale of beverages in disposable, non -returnable containers was received and processed. Resolution Regarding A letter and resolution from the City of Fountain Valley Maintenance and requesting the enactment of appropriate legislation Storage of Drugs regulating the maintenance and storage of dangerous drugs and Narcotics and narcotics were received and processed. j Sunflower No. 4 A resolution from the Local Agency Formation Commission Annexation approving the proposed Sunflower No. 4 Annexation to the Approved City of Costa Mesa was received and processed. Alcoholic I An application for a person-to-person transfer of an Beverage Control on -sale beer license from Hedley E. and Lila L. LeBlanc Licenses to Richard Kasper for the Green Lantern, 1930-32 Placentia UNICEF Report Avenue was received and processed. A letter of protest Green Lantern was filed by the Planning Department on grounds of i insufficient parking. The Galley I An application for person-to-person transfer of an Hollywood on-sale.beer license from Billy J. Smith to James T. Kay for The Galley, 2014 Placentia Avenue, was received and Royal processed. l�1 Incorporated, Stuart Lancaster, -President, 12140 Woodley Vendone Wine and An application for person-to-person transfer of an Spirit Shop off -sale general license from Hartfield-Zody's Incorporated, American Cancer to Mac -Arnold Stores, Incorporated, for Vendone Wine and Society Spirit Shop, 2310 Harbor Boulevard, was received and processed. Cork 'n Cleaver, An application for Intercounty Transfer from C. G. Stanik Incorporated Corporation to Cork 'n Cleaver, Incorporated, for Corkin Cleaver, 428 East 17th Street, for an on -sale general license was received and processed. Departmental The following Departmental Reports were received and i Reports processed: City Clerk, Finance Department. Business Licenses An application to hold a close-out sale, beginning Orange Coast February 26, 1971, Orange Coast'Nursery, Incorporated, Nursery Calvin F. Barck, 380 West Wilson Street, was ratified UNICEF Report A report from UNICEF indicating that $168.62 was collected in 1970 solicitations, with 100 percent of the funds going to the charity was received and processed.; Glenn of i An application from Glenn of Hollywood, James Glenn, Hollywood 6412 Hollywood Boulevard, Hollywood, for door-to-door photography was approved. Royal An application from the Royal International Circus, International Incorporated, Stuart Lancaster, -President, 12140 Woodley Circus Avenue, Granada Hills, for a circus on April 3, 1971, in the arena was approved. American Cancer A Notice of Intention to Solicit for the American Cancer Society Society, Orange County Branch, 18356 Irvine Boulevard,' Tustin, on a Neighbor -to -neighbor basis from April 1 -to June 1, 1971, with 87.4 percent of contributions collected to go to the charitable purpose was approved with Section 6914J of the Municipal Code waived. Hemophilia A Notice of Intention to Solicit for Hemophilia Foundation Foundation of of Southern California, 139 South Beverly Drive, Room 320, Southern Beverly Hills, by door-to-door solicitation from Marchjl California through March 31, 1971, with 100 percent of contributions collected to go to charitable purpose was approved with Section 6914J of the Municipal Code waived. I 1 1 1 Right of Way The following right.of way deeds were accepted and Deeds 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 2-17-71 William B. Ward Placentia Avenue 3-1-71 First Christian Church Victoria Street 3-1-71 First Christian Church Victoria Street Complaint Against On motion by Councilman St. Clair, seconded by Councilman Advertising By Jordan, and carried, a letter from'Mrs. Gillette White, Doorknob Hangers 2512 Andover Place, Costa Mesa, complaining about advertising by doorknob hangers was received and filed. American A request for a business license from Independent American Independent Post Post Office, 1904 South Harbor Boulevard, for door-to-door Office - Held distribution was held over to the second part of the Over to Part II meeting as their representative.was not present. Warrant On motion by Councilman Pinkley,.seconded by Councilman Resolution 658 St. Clair, Warrant Resolution 658 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 Resolution On motion by Councilman St. Clair, seconded by Councilman 659 Hammett, Warrant Resolution 659, including payroll,No. 7103, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution On motion by Councilman Pinkley, seconded by Councilman 660 St. Clair, Warrant Resolution 660 was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Opposition to The City Manager presented a proposed resolution expressing Edison Company opposition to the request for'a 16.2 percent increase by Rate Increase the Southern California Edison Company to the Public Utilities Commission. The City Manager stated that the Edison Company could give him no assurance that any part of the requested increase would be set aside for future undergrounding. Mr. Paul Richardson, District Manager of the Edison Company, addressed the Council and stated that he could not assure the Council at this time, either, that a portion of the increase would be allocated for undergrounding. He stated that costs of undergrounding were rising and when they did plan a project it would cost them a good deal more money than it did previously. On motion by Councilman Resolution 7179 St. Clair, seconded by Councilman Jordan, Resolution 71-9, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING APPLICATION NO. 52336 TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION REQUESTING RATE INCREASE. BY SOUTHERN CALIFORNIA EDISON COMPANY, was adopted by the following roll call vote: Ia s Resolution 71-9 AYES: Councilmen: Wilson, Jordan, Pinkley, Continued St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None 220 KV Lines The City Manager presented a recommendation concerning an Southern additional 7,000 feet of 220 KV transmission lines of California Edison Company Southern California Edison Company. He stated that he ! recommended that the line on Talbert be placed on the north — side of Talbert in the City of Santa Ana and that it be joined in Costa Mesa at the Santa Ana River and Talbert, and come southerly, but of the three alternatives offered; the staff recommended strongly that the lines be placed on the north side of Talbert. Mr. Al Geiser, 1505 Mesa Verde Drive East, of the Southern California Edison Company wast: present and addressed the Council. He stated that the proposed installation will consist of two circuits of 2201 KV now, with two additional 220 KV in the future and two 66 KV poles, retaining the two existing 66 KV lines. He also stated that the current Edison installation consists of six 66 KV circuits. The proposed new system would have'two 220 KV circuits of approximately 17 poles each and two 66 KV circuits of approximately 17 poles each for a reduction of about 82 poles. Mr. Geiser also stated that the span length should be of a distance not less than 400 feet and not more than 500 feet. He also stated that the structure used should be of aesthetic single pole design. He stated that four circuits are needed and four circuits cannot be put on a single circuit tower. He presented photographs of the poles he proposed. He stated that the 66 KV line on the south side of Talbert will be eliminated when the lines are installed on the north side of the street. On motion by Councilman Hammett, seconded by Councilman Recommendation Jordan, and carried, the recommendations were approved,. j Approved -Subject subject to the information received and the corrections to Changes stated above, and also subject to the wires being swung on the type of mode as submitted at the meeting and reasonably concurrent to changes made and to eventually swing all of the poles over to the north side of Talbert Avenue. Conditions on At the request of the City Manager the -matter of conditions Permit for First imposed on a building permit to enlarge sanctuary and add!, Christian Church two offices to'existing facilities, sidewalk agreement I between the City and First Christian Church, 792 Victoria; Street, whereby the church agrees to dedicate land along Victoria Street for sidewalk purposes concurrent with the! execution of agreement; church agrees to construct sidewalks concurrently when street improvements are installed; City, to participate in financing improvements, sum not to Held Over exceed $1,100.00, balance of costs to be church's expense; was held over for two weeks on motion by Councilman Pinkley, seconded by Councilman Jordan, and carried. Sherwood Forest The Clerk presented -a request from Sherwood Forest, Post Office Box 4679, Irvine, for street vending by solicitors; and newspaper publication. Possible placement of three vending machines in the future; locations to be furnished, by the Licensing Division. The City Manager stated that up to this date the owners of the newspaper had not applied for a bulk mailing second class permit. Mr. Barry Weinberg, representing Sherwood Forest, addressed the Council and stated that they felt that having a second class mailing permit should not relate in any way to having a business license issued to them. He was advised that the; fact that a second class mailing permit is issued to a publication by the United States Post Office indicates that it is recognized as a newspaper by them. Mr. St. Clair Sherwood Forest stated that he felt that this fact had not been established Continued and that as far as he was concerned, there was no distinction as to whether the publication was a newspaper or a handbill. Mr. Tom Manus, -2758 Portola, Costa Mesa, addressed the Council and stated that he objected to the .publication. Mr. Weinberg was asked by members of the Council if he was interested in only obtaining the business license and would return at a later date for the permit for vending machines. He stated that if that was necessary he would do it but then later changed his statement by stating in view of the fact that there was no rule on the books pertaining to vending machines they would not come back before the Council. The City Attorney stated that vending machine locations cannot interfere with pedestrian traffic if they are placed.near sidewalks and that either the Business License Division or the Traffic Departments were the people who would have to approve or disapprove.the location of said machines. Mr. Weinberg -stated that they had no intention of obstructing traffic in any way; and if any merchants objected to the machines being placed in front of, their establishments, they would be removed. He also stated that at this time they did not have the machines ready and were only interested in getting .the business license. The City Attorney was asked by members of the Council if he felt that this publication could be classed as a newspaper. He stated that in his opinion, he did feel that it was a newspaper although he did not approve of many of the articles contained therein. After a lengthy discussion, Councilman Hammett made a motion seconded by Councilman Jordan to grant the license subject to the applicant appearing.again to xequest the vending machines. Councilman'St. Clair stated that he felt that the Ordinance pertaining to handbills states that the United States Government will determine if printed matter is considered a newspaper or not, and he was therefore against the permit being issued until the government issued the bulk mailing permit. Councilman Pinkley also stated that he agreed with this. Councilman St. Clair offered a substitute motion that the matter be held in abeyance until such time as Sherwood Forest representatives bring in a second class mailing permit or a letter from the Post Office stating that they do qualify for such permit. The motion was seconded by Councilman Pinkley, and carried, Councilmen Jordan and Hammett voting No. Councilman St. Clair made a motion that upon receipt of the permit the business license will be issued. The motion died for lack of a second. Agreement The City Manager presented an Agreement between the City Installation of Santa Ana and Costa Mesa for joint participation in the Maintenance of installation and maintenance of a traffic signal project at Traffic Signal at Sunflower Avenue and Fairview Road. The City of Santa Ana Sunflower and is agreeing to pay 25 percent of the installation cost, Fairview estimated to be $33,500 and future maintenance, modifications and energy costs. On motion by Councilman St. Clair, seconded by Councilman Jordan, the agreement was approved and the Mayor and City Clerk were authorized to sign the agreement and forward it to the City of Santa Ana, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None _50 Construction at I i The City Manager presented plans and specifications ford TeWinkle Park Construction of masonry block walls and gates at TeWinkle Storage Yard Park storage yard. On motion by Councilman Pinkley, seconded by Councilman Jordan, the plan was approved and the City Manager was authorized to advertise for bids to be opened by the Clerk on March 30, 1971, at 11:00 a.m.; by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Amendment to The City Manager presented an amendment to Resolution No. Resolution 70-102 70-102, establishing Underground Utility District No. 4; adding Condition No. 8, to allow overhead wiring and lighting facilities for the golf driving range on the Orange County Fairgrounds. On motion by Councilman Jordan, seconded by Councilman St. Clair, Resolution Resolution 71-10 71-10, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 70-1021% ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 4, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Tract 6261 On motion by Councilman Pinkley, seconded.by Councilman St. Clair, the improvements were accepted in Tract No. 6261 on Wintergreen Place between Mace Avenue and Coral, Avenue which were completed by the Harbor Mesa Corporation Notice of to the satisfaction of the City Engineer and the City Clerk Completion Bonds was directed to file a Notice of Completion, and the bonds Exonerated were exonerated, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Ordinance 71-4 On motion by Councilman St. Clair, seconded by Councilman Drainage Fee Jordan, Ordinance 71-4, being AN ORDINANCE OF THE CITY i Schedule COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CREATING,A DRAINAGE FEE SCHEDULE, MAKING PROVISION FOR THE COLLECTION THEREOF,, PROVIDING FOR REIMBURSEMENT IN SOME INSTANCES,, Given First AND PROVIDING FOR THE USE OF SAID FUNDS COLLECTED, was Reading given first reading by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, ' St. Clair, Hammett NOES: Councilmen: None _ ABSENT: Councilmen: None _ Advance The City Manager requested an advance for attendance at Authorized'For the California State Juvenile Officers Association Conference Conference on March 16 through March 19, 1971, for . Sergeants J. Regan and George Wilson of the Costa Mesa Police Department. On motion by Councilman Hammett, seconded -by Councilman Jordan, the request was granted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None 1 Leasing of NCR The City Manager recommended that the City of Costa Mesa 200 Computer enter into a contract with National Cash Register for the Authorized leasing of a NCR 200.computer instead of the present NCR 315 for a 60 month (5 -year) contract for $4,830.00 per month. On motion by Councilman Hammett, seconded by Councilman Jordan;.the City Manager was authorized to enter into the agreement, as requested, in the amount of $4,830.00 per month for 60 months, by.the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None The Mayor declared a five-minute recess at 7:50 p.m. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 8:00 p.m., March 1, 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 M. C. Cronic, First Assembly of God Church; 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 Support of The Mayor introduced Mr. Fournier, the instrumental music Music Group director of Estancia High School, who requested Council's Authorized support of a trip by his group to Northern California and Sacramento to compete with other groups. The Council, on motion by Councilman Jordan, seconded by Councilman Hammett, an expenditure of $100.00 was authorized to advertise in the music program by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Independent The request for a business license by the Independent American Post American Post Office, 1904 South. Harbor Boulevard, for Office door-to-door distribution was brought up at this time. It was held over from the first -part of the meeting as their representative was not present. The City Manager stated that several months ago the license inspector had requested certain information from the company, and they had failed to supply said information. He also stated that their present address was in Huntington Beach. Mr. John Kimball, 2013 Arnold Avenue, Costa Mesa, business address at 15972 Springdale, Huntington Beach, addressed the Council. He stated that they are not a franchise organization but that each of the offices pay a royalty to the main company. He also stated that he intends to cover Huntington Beach, Fountain Valley, Costa Mesa, Newport Beach and E1 Toro area. The City Manager stated that he felt that the application should be tabled until such time as an amended application can be filed by Mr. Kimball as Mr. Griffin had applied for the business license which was presently under consideration and also from a.Costa Mesa address. On motion by Councilman Pinkley, seconded by Councilman Hammett, and carried, the application Held Over was held over for two weeks in order to allow Mr. Kimball enough time to file an application under his own name. Public Hearing The Clerk stated that this was the time and place set ! for the public hearing on Rezone Petition R-71-3, Costal Rezone Petition Mesa County Water District, 77 Fair Drive, Costa Mesa, R-71-3 for permission to.rezone property located on the north Costa Mesa County side of West 16th Street, approximately 202 feet from the Water District center line of Monrovia Avenue, from I and R to M1. The Planning Commission recommended approval. The Mayor closed the public hearing. Ordinance 71-5 I On motion by Councilman St. Clair, seconded by Councilman - First Reading Hammett, Councilman Pinkley abstaining, Ordinance 71-5,' being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 1012, NEWPORT MESA TRACT, FROM I AND R TO Ml, 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 Clerk stated that this was the time and place set Weed Abatement for the public hearing on Weed Abatement. There being no one interested in speaking, the Mayor declared the public hearing closed. On motion by Councilman Jordan, Resolution seconded by Councilman St. Clair, Resolution No. 71-11, 71-11 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA INSTRUCTING AND AUTHORIZING THE STREET SUPERINTENDENT TO PROCEED WITH THE REMOVAL OF WEEDS, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, j St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Clerk announced that this was the time and place set The Firehouse for the public hearing to determine whether or not a business license to operate the establishment known as the Firehouse, 177 East 17th Street, should be revoked for failure to comply with the City Council ruling relating to amusement devices, specifically pool tables.' The City Attorney briefed the Council on the reason for' the hearing. He stated that the hearing was being held' pursuant to written notice given to the licensee, Mr—Raymond C. Rohm, owner of the Firehouse. Mr. Berrian E. Moore, an attorney, was present and represented the licensee. Detective Sergeant John Calnon, in charge of! Vice and Intelligence for the Costa Mesa Police Department and Police Officer Robert DeFrancisco testified as witnesses for the City. They were questioned by the City Attorney, members of the Council and attorney for the licensee. It was established during the hearing that the applicant had applied for the license for the pool table, paid the fee of $150.00 and the application; was denied by Council on December 21, 1970. He continued, however, to operate the pool table without a� license after repeated warnings and citations. After the witnesses were heard, there being no further speakers, Business License the Mayor declared the public hearing closed on motion by Revoked Councilman Jordan, seconded by Councilman Pinkley, and carried. On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the business license to operate the Firehouse was revoked. Expenses For The Clerk presented a proposed resolution authorizing Council and wives payment of expenses for City Councilmen and their wives; in the conduct of City business and setting forth the policy therefor. Councilman St. Clair made a motion, secondediby Expenses For Councilman Jordan, to approve the resolution. Councilman Council and Wives Pinkley made a substitute motion, seconded by Councilman Continued St. Clair, that the resolution be adopted, with the correction that tourist air fare be allowed only, and Resolution 71-12 Resolution 71-12, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA PROVIDING FOR AND AUTHORIZING THE PAYMENT OF EXPENSES FOR CITY COUNCILMEN AND THEIR WIVES IN THE CONDUCT OF CITY BUSINESS AND SETTING FORTH THE POLICY THEREFOR, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Marina Highlands The Clerk presented from -the meeting of February 16, 1971, Complaint a petition from Marina -Highlands Association, Incorporated, complaining about an -incomplete structure located at 1128 Gleneagles. Mr. Slatter, 1136 Gleneagles Terrace, Mr. Sig Fidyke, 1132 Gleneagles Terrace, Mr. Dick Willard, 1133 Gleneagles Terrace, Mr. C. E. Overson, past president of the Marina -Highlands Association, all addressed -the Council objecting to the nuisance. On motion by Councilman Pinkley, seconded by Councilman St. Clair, and carried, the matter was set for public hearing to determine if a public Set For Public nuisance does exist, said hearing.to be held on April 5, Hearing 1971. Spiropoulos The Clerk presented a request from Michael Spiropoulos, Request For Alley 21150 Pacific Coast Highway, Malibu, for a rehearing that Abandonment the City abandon Fountain Way East and Fountain Way West, from West Wilson Street to Joann Street between Meyer Place and Maple Street, for street purposes only. Mr. Spiropoulos, Mr. Bob Buckeurogh, Mr. Elmer Nelson all spoke in favor of the abandonment stating that there was a lot of "vandalism and cars speeding in the area and they wanted to build a wall to keep potential vandals out. After discussion, on motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the request for abandonment was denied; and the matter was referred to the City Manager for study and possible posting of restricted speed limits or some other solution to relieve the situation. Spiller Alley The Clerk presented from the meeting of February 16, 1971, Repair Request a request from Mr. -Charles Spiller, 2323 Elden Avenue, Costa Mesa for repairs to an alley between 23rd and Wilson Streets and Newport Boulevard and Elden Avenue. Mr. St. Clair left his seat on the Council at this time to speak as a citizen. Mr. Spiller stated that he was unable to get enough of the property owners on the alley to contribute enough money for the project, and he offered $1,500.00 to the Council for asphalt behind his property and whatever else can be accomplished with that -amount, but not including the draining or the engineering. On motion by Councilman Jordan, seconded by Councilman Pinkley, Councilman St. Clair abstaining', the matter was referred to the City Manager and Engineering Staff for study to determine what can be done to relieve the situation. Councilman St.' Clair returned to his seat on the Council. Rezone R-71-1 Planning On motion by Councilman Jordan, seconded by Councilman Commission Pinkley, and carried, Rezone Petition R-71-1, City of Costa Mesa Planning Commission, for permission to rezone property located in the general area of Paularino Avenue East and Baker Street East, from M1 to Cl -CP, was withdrawn Withdrawn as recommended by the Planning Commission. Proposed On motion by Councilman Pinkley, seconded by Councilman' Abandonment Jordan, a request for a proposed abandonment from the 1 Costa Mesa Planning Commission for the west five feet of the east 55.00 feet of a portion of Lot 29, Fairview McClelland Farms Tract, on property located at 2221 Harbor Boulevard was set for public hearing on April 5, 1971, at 7:30 p.m., Zone Exception in the Council Chambers of the City Hall, 77 Fair Drive, Set for Public and Resolution 71-13, being A RESOLUTION OF THE CITY Hearing COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF LOT; 29, FAIRVIEW FARMS, LOCATED ON HARBOR BOULEVARD, was Resolution 71-13 adopted 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 Pinkley, seconded by Councilman' Abandonment Jordan, a request from the Costa Mesa Planning Commission to abandon surplus footage due to a 17 -foot radius spandrel in lieu of existing 20 -foot by 20 -foot corner cutoff, at 2845 Harbor Boulevard was set for public hearing on April 5, 1971, at 7:30 p.m., in the Council Chambers of the City Hall, 77 Fair Drive, and Resolution Set for Public 71-14, being A RESOLUTION OF THE CITY COUNCIL OF THE Hearing CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION' TO ORDER THE VACATION OF RIGHT OF WAY AT THE SOUTHWEST Resolution 71-14 CORNER OF HARBOR BOULEVARD AND PONDEROSA STREET, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Tentative Parcel On motion by Councilman Hammett, seconded by Councilman Map S-71-5 St. Clair, and carried, Tentative Parcel Map No. S-71-5, , Robert E. McClelland, 3100 Trinity Drive,Costa Mesa, for permission to divide property at the northwest corner of Santa Ana Avenue and Cecil Place, into two McClelland parcels was approved subject to the Planning Commission -recommendations. Zone Exception i The Clerk presented application for Zone Exception Permit ZE-71-16 ZE-71-16, Sylvester J. Cook, 2226 D Via Puerta, Laguna 1 Cook Hills, for permission to operate an open storage rental yard for construction equipment and minor building materials incidental to the present Engineering Construction Business at 2025 Placentia Avenue, in an M1 zone. The Clerk read a letter of objection from Mr. and Mrs. R. Greco. Mr. Cook was present and stated that he agreed to the conditions. On motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the application was approved, subject to the conditions, as recommended by the Planning Commission. Zone Exception The Clerk presented application for Zone Exception Permit ZE-71-18 ZE-71-18 held over from the meeting of February 16, 1971, Spiller Philip A. Spiller, 1649 Westcliff Drive, Newport Beach, for permission to construct ten units on 20,130 square feet of.land area (1 unit per 2,013 square feet) in an R2 zone, on property located at 23234 Elden Avenue. i. Councilman Hammett left hisseat on the Council at this: time. 1 1 ZE-71-18 Mr. Spiller, the applicant, was present and stated that Spiller he agreed to the conditions. On motion by Councilman Continued Jordan, seconded by Councilman St. Clair, and carried, Councilman Hammett absent, the application was approved, subject to the conditions, as recommended by the Planning Commission. Councilman Hammett returned to his seat on the Council. ZE-71-20 The Clerk presented application for Zone Exception Permit Vern Rankin ZE-71-20, Vernon E. Rankin, 1976 Newport Boulevard, for permission to continue.to operate a beer bar (known as Pier Eleven Pier Eleven) allowing the reduction of 35 required on-site parking spaces in lieu .of substituting 35 off-site parking spaces.on property located adjacent to the north at 1982 and 1984 Newport Boulevard, in a C2 zone. The owner, Mr. Rankin, was present and addressed the Council. The Director of Planning also addressed the Council on the various conditions listed. The Clerk read a letter of objection from Mrs.. Anne Graham, 1962 Church Street. Mr. Leo Regan, 130 East 20th Street, -owner of property on Church Street.addressed the Council and stated that he did not object to the permit being granted if the conditions were all met. After discussion, on motion by Councilman Pinkley, seconded by Councilman Hammett, the application was approved subject to all the conditions, with modifications as follows: Condition No. 3 to read: That there be .a concrete wall along the Church Street property line under the direction of the Planning Department five feet high, to restrict vehicles from using Church Street either for exiting or entering purposes; Condition No. 2. That Construction of Portland Concrete Cement commercial sidewalk along Newport Boulevard per City of Costa Mesa standards, at applicant's expense, where.asphalt is broken or in need of repair, existing .asphalt in,good condition can remain; Condition No. 15. That the 6.0 -day time limit be changed to 120 days. On motion by.Councilman Hammett, seconded by Councilman Jordan, and carried, the application was approved subject to the 16 conditions, with the modifications listed above, as recommended by the Planning Commission. ZE-71-22 The Clerk presented application for Zone Exception -Permit Carter Sign ZE-71-22, Carter Sign Company, 3321 West Castor Street, Company Santa Ana, for permission to maintain one 14 -foot by 48 -foot illuminated "V" outdoor advertising sign structure on.two steel supports, thirty-one feet above grade, (45 .,feet to top of sign) in a C2 zone at 1625 Newport Boulevard. Mr. Frank Govern, 3321 West Castor, Santa Ana, representing the Company, addressed the Council. Tom Manus, 2758 Portola, Costa Mesa, addressed the Council in opposition to any more signs being allowed. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, Councilman Pinkley voting No, the application was approved, subject to the conditions, as recommended by the Planning Commission. ZE-71-24 The Clerk presented application for Zone Exception Permit Alcorn ZE-71-24, Carol R. Alcorn, 3152 Sicily Avenue, Costa Mesa, for permission to add a two -unit apartment structure in addition to existing two units, making a total of four units on 10,929.60 square feet of land area (1 unit per Withdrawn 2,732.40 square feet) with a zero -foot side yard setback for two attached garages in an R2 zone, at 1978 Meyer Place. The applicant requested withdrawal of the application and return of the fee -paid for the application. On motion by Councilman Pinkley, seconded by Councilman Jordan, and carried the application was withdrawn. On motion by Councilman St. Clair, seconded by Councilman Pinkley, the request for return of the fee in the amount of $104.63 was denied. Other business conducted at the executive session is the subject matter of closed minutes. The executive session adjourned at 11:15 p.m. 1 A q Mayor of the City of Costa Mesa ATTEST: 6 City Clerk of the City of Cost esa There were no oral communications. Councilman St. Clair requested that a map be installed - in the Chambers in order for anyone sitting in the audience to understand what is under discussion. The Mayor adjourned the'meeting, to an executive session at 10:25 p.m. Executive Session At the executive session, on motion by Councilman Pinkley, seconded by Councilman Jordan, Resolution 71 -15',] --:- being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Resolution 71-15 COSTA MESA, CALIFORNIA, EXPRESSING RECOGNITION TO ROY -R: Roy Claypool CLAYPOOL ON HIS RETIREMENT FROM THE CITY OF COSTA MESA, Retirement was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Other business conducted at the executive session is the subject matter of closed minutes. The executive session adjourned at 11:15 p.m. 1 A q Mayor of the City of Costa Mesa ATTEST: 6 City Clerk of the City of Cost esa