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HomeMy WebLinkAbout07/19/1971 - City CouncilREGULAR MEETING OF THE CITY COUNCIL July 19, 1971 The City Council of the City of Costa Mesa, California, met in regular session at_6:30,p.m.,_July 19, 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 Father Bernard Schmitt, St. Joachim's Catholic Church, Costa Mesa. Roll Call Councilmen Present: Wilson, Jordan, Pinkley, St. Clair, Hammett Councilmen Absent: None Officials Present: City Manager,' City Attorney, Assistant City Engineer, Deputy City' Clerk Ecology Begins Mr. Bill Bandaruk, committeeman for Ecology Begins at at Home Awards Home Contest, presented certificates and prizes to the following winners: Mr. and Mrs. Byron Gibbons, 246 Loyola Road; Sally A. Gipple and Melvin J. Hoeffliger, 365 West Wilson; Mr. Seth M. Oberg, Jr., 1934 Balearic Drive; Mr. James E. Nelson, 3081 Gibralter; Mr. and Mrs. William May, 830 St. Clair Avenue; Mr. and Mrs. Nob Tomita, 1256 Conway Avenue;. Mr. Gerald J. Clark, 2227 -Miner; Mr. Fred Lindeman, 2073 Wallace. Leukemia Month On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, the Mayor issued a proclamation Proclamation designating the Month of September as Leukemia Month and urged all citizens to support the 1971 Leukemia Society Campaign to raise funds for leukemia research and patient - aid programs. Orange Coast On motion by`Councilman Wilson, seconded by Councilman College Crew Pinkley, Resolution 71-47, being A RESOLUTION OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING THE ORANGE COAST Resolution 71-47- COLLEGE CREW FOR THEIR VICTORY AT DUBLIN, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None A citation was presented to the crew, and each. member of the crew will receive a facsimile copy of the resolution. Minutes On motion by Councilman Wilson, seconded by Councilman July 6, 1971 Jordan, and carried, the Minutes of the regular meeting of July 6, 1971, were approved as distributed and posted. Electrical Code On motion by Councilman Pinkley, seconded by Councilman Ordinance 71-21 Hammett, Ordinance 71-21, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE NATIONAL ELECTRICAL CODE 1968 FOR THE CITY OF COSTA Adopted. MESA, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Royal Palm Drive On motion by Councilman Jordan, seconded by Councilman St. Clair, Ordinance 71-22, being AN ORDINANCE OF THE CITY Ordinance 71-22 COUNCIL OF THE CITY OF COSTA MESA, AMENDING SECTION 3416.4 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA, WITH RESPECT TO THE DESIGNATION OF ROYAL PALM DRIVE AS A THROUGH Adopted STREET, was adopted by the following roll call vote: Ordinance 71-22 AYES: Councilmen: Wilson, Jordan, Pinkley, Adopted St. Clair, Hammett Continued' NOES: Councilmen: None ABSENT: Councilmen: None Signs in Rights On motion by Councilman Jordan, seconded by Councilman of Way St. Clair, Ordinance 71-23, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, PROHIBITING THE Ordinance 71-23 PLACING OF SIGNS AND ADVERTISING MATTER IN THE PUBLIC RIGHTS OF WAY AND UTILITY COMPANY RIGHTS OF WAY, MAKING PROVISIONS FOR THEIR REMOVAL AND DISPOSITION, was held Held Over over to a later date by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Rezone Petition On motion by Councilman St. Clair, seconded by Councilman R-71-16 Jordan, Ordinance 71-24, being AN ORDINANCE OF THE CITY Verkico COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 703, NEWPORT MESA TRACT, Ordinance 71-24 FROM R2 TO R4 -CP, in connection with Rezone R-71-16, Olindo Verrico, 1330 Sao Paulo Avenue, Placentia, for property at 1830-1838 Placentia, was adopted by the Adopted following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Adjustment of On motion by Councilman St. Clair, seconded by Councilman Receivables Jordan, adjustment of receivables by writing off as of June 30, 1971, $1,099.55 from the Street Lighting Fund, was approved 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 Pinkley, and carried, the following Consent Calendar items were approved in one motion; and Item 12, a Quitclaim Deed to B. W. Waters and Marcella V. Waters, for an alley located easterly of intersection of 17th Street and Tustin Avenue, was pulled from the Consent' Calendar for discussion. Newspaper -Article A Los Angeles Times Newspaper article concerning proposed Sign Code sign code in Denver, Colorado, -received anonymously, was received and processed. Structural Fire A resolution adopted by the Orange County Board of Supervisors Protection Fund exempting the City of Costa Mesa from structural fire protection fund tax levy was received and processed. Minutes of Mosquito The Minutes of the Board of Trustees, Orange County Mosquito Abatement Abatement District, held on June 17, 1971, were received and District processed. Los Alamitos A letter and resolution from the City of Buena Park Naval Air Station expressing disapproval of any expansion or conversion of Los Alamitos Naval Air Station .for general or commercial air activities was received and processed. State Highway A letter from the State Division of Highways, Post Office Box System Changes 2304, Los Angeles, including a map and list of State Highway System changes in District 7 and proposed changes in certain state highways, roads and streets, was received and processed. Gray Line Tours A notice of hearing before the Public Utilities Commission Company Request on an application of Gray Line Tours Company to increase rates on July 13, 1971,'at 10:00 a.m., State Building, San Francisco, was received and processed. Orange County A resolution adopted by Orange County Board of Supervisors. Cooperative regarding participation of Costa Mesa in the cooperative Purchasing purchasing program under terms stated in Costa Mesa's Program Resolution 71-45 was received and processed. Alcoholic An application for person-to-person transfer of an off -sale Beverage License beer and wine license from Milk Palace, Incorporated, to Clifford N. Bredman, for business located at 840 West 19th Clifford Bredman Street, for which the Planning Department approved parking, was received and processed. Business License An application from Henry Leyser, President, Associated Applications Coin Amusement Company, Incorporated, 2891 West Pico Boulevard, Los Angeles„ for one Indy 500 amusement game at Amusement Games White Front, 3088 Bristol Street, for which Police and Fire Departments had granted approval, was approved. Amusement Games An application from Henry Leyser, President,.Associated Coin Amusement Company, Incorporated, 2891 West Pico Boulevard, Los Angeles, for two amusement games at Thrifty Drugstore No. 174, 2300 Harbor Boulevard, for which Police and Fire Departments had granted approval, was approved. Masseur An application from Morris Fox, 1600 East 17th Street, Santa Applicant Ana, to work as a masseur at the Holiday Health Spa, 2300 Harbor Boulevard, for which the Police Department granted approval, was approved. . Leukemia Society A Notice of Intention to Solicit for Charitable Purpose of America from the Leukemia Society of America, Incorporated, Orange County Chapter, 11752 Garden Grove Boulevard, Garden Grove, from September 1, 1971, through -September 30, 1971, by door-to-door solicitation, was approved. Quitclaim Deed On motion.by Councilman Jordan, seconded by Councilman B. W. Waters and Hammett, and carried, the quitclaim deed to B. W. Waters Marcella V. Waters and Marcella V. Waters for an alley located easterly of intersection of 17th Street and Tustin Avenue, which was Denied held over from the meeting of July -6, 1971, was denied. Right of Way The following right of way deeds were accepted and ordered Deeds 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 6-4-71 John and Leonard Cohen Wilson Street 7-9-71 Charles M. and Velma Santa Ana and Sutterfield Cecil Place 4-22-71 Nancy G. De Shazo, Georgia Ann Fairview Road De Shazo, Richard A. Goodwin, Hazel W. Goodwin 6-30-71 Syndicated Enterprises Bristol Street Corporation and Gulf Oil Corporation 7-13-71 Baco, Incorporated Bristol Street 7-13-71 Baco, Incorporated Bristol Street Warrant On motion by Councilman Jordan, seconded by Councilman Pinkley, Resolution 679 Warrant Resolution 679, including payroll 7113, was approved by the following roll call vote: 1 Warrant AYES: Councilmen: Wilson, Jordan, Pinkley, Resolution 679 '_ St. Clair, Hammett Continued NOES: Councilmen: None ABSENT: Councilmen: None Warrant On motion by Councilman Jordan, seconded by Councilman Resolution 680 Pinkley, Warrant Resolution 680 was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Proposed The City Attorney presented a proposed amendment to Amendment to Section 9299.14 of the Municipal Code providing for Code application for -zone exception permits in industrial zones and recommended that it be referred to the Planning Application for Commission. On motion by Councilman Hammett, seconded by Zone Exception Councilman Jordan, and carried, the proposed amendment was Permits referred to the Planning Commission for study and recommendation. Proposed The City Attorney presented a proposed amendment to Section Amendment to 9230.7 of the Municipal Code relating to newly annexed Code territory and providing for CP designation and recommended that it be referred to the Planning Commission. On motion Newly Annexed by Councilman Hammett, seconded by Councilman Jordan, and Territory carried, the proposed amendment was referred to the Planning Commission for study and recommendation. Madison Heights From the meeting of May 3, 1971, the City Attorney presented Ordinance the results of a study of the Madison Heights Ordinance, adopted by the City of Madison Heights, Michigan, providing for criminal penalties for parental neglect of minors. The City Attorney recommended that the City Council not take any action at this time. On motion by Councilman Pinkley, seconded by Councilman'Jordan, and carried, it was agreed that no action would be taken on the Madison Heights Ordinance at this time. Claim Denied On motion by Councilman Hammett, seconded by Councilman St. Clair, and carried, a claim submitted by the City Attorney from Mr. Van Addison Noelck, 792 Shalimar Drive, No. 3, Costa Mesa, was formally denied, as requested by the City Attorney. Leave.of The City Manager requested a leave of absence for Absence Lieutenant A. G. Smith to attend the Northwestern Traffic Institute with a continuance of salary for nine months, and with the understanding that he would make a commitment to return to the City of Costa Mesa Police Department for a minimum of three years. On motion by Councilman Hammett, seconded by Councilman St. Clair, and carried, the request for a leave of absence was approved, subject to the condition. Project 21 The'City Manager presented a request from Project 21, Post Office Box 1785, Santa Ana, held over from the meeting of July 6, 1971, for contributions which would assist them in continuing to conduct studies which could provide community leaders with guidelines for planning projects, as grants are no longer available for this purpose. Mr. Hugh Halderman, a member of the Board of Directors of Project 21, explained their program and answered questions. On motion by Councilman Jordan, seconded by Councilman St. Clair, the offer made by Project 21 was accepted and the awarding of $600.00 to the program was approved, contingent upon raising sufficient funds for one study, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Hammett, St. Clair NOES: Councilmen: Pinkley ABSENT: Councilmen: None ti Street From the meeting of July 6, 1971, the City Manager presented Maintenance the Street Maintenance Program for reconstruction and Program 1971-1972 asphalt overlays on various streets and alleys. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the Plans and Specifications for the Street Maintenance Program for 1971-1972 were approved and the Clerk was authorized to advertise for bids to be opened on Tuesday, August 10, 1971, at 11:00 a.m. Time Extension The City Manager presented a request from R. W. McClellan and Sons, 151 East Commercial Way, Costa Mesa, for an extension of ten working days, from July 14, 1971 to July 28, 1971, for the street widening project located at Sunflower Avenue from Fairview Road to 860 feet east. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the request for an extension of time was approved. Street Lighting The City Manager presented the Street Lighting District District Annual Annual Report and recommended that it be approved. On Report motion by Councilman Pinkley, seconded by Councilman Jordan, and carried, the Street Lighting District Annual Report was approved. Bid The City Manager reported that bids had been opened on Median Islands on July 13, 1971, for Planting and Irrigation of Median Islands Adams and Merrimac on Adams Avenue and Merrimac Way between Harbor Boulevard and Fairview Road. Bids were received from the following: Bob's Landscaping, 16761 Construction Way West, Santa Ana, in the amount of $45,027.66 and Valley Crest Landscape, Incorporated, 1920 South Yale Street, Santa Ana, in the amount of $54,431.00. Awarded On motion by Councilman Jordan and seconded by Councilman St. Clair, the bid was awarded to Bob's Landscaping, 16761 Construction Way West, Santa Ana, in the amount of $45,027.66, by the following roll call vote: AYES:, Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Assessment The City Manager recommended that the City Council authorize District No. 20 the City Engineer to prepare a report concerning Assessment District No. 20 for the construction of an alley between Broadway and Magnolia from Raymond to Tustin. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and Resolution 71-48 carried, Resolution No. 71-48, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING.THE PROJECT BOUNDARIES FOR, TUSTIN-RAYMOND AVENUE IMPROVEMENT DISTRICT ASSESSMENT DISTRICT N0. 20, PURSUANT TO SECTION 2822, STREET AND HIGHWAY CODE, STATE OF CALIFORNIA, was adopted, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Resolution 71-49 On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, Resolution No. 71-49, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.COSTA MESA, CALIFORNIA, COVERING PRELIMINARY DETERMINATION OF THE LEGISLATIVE. BODY UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931," DETERMINING THE GENERAL NATURE, LOCATION AND EXTENT OF THE PROPOSED WORK, AND ORDERING THE PREPARATION OF A REPORT OF SAID IMPROVEMENT, IN THE MATTER OF THE IMPROVEMENT OF, AN ALLEY BETWEEN TUSTIN AVENUE AND RAYMOND AVENUE BETWEEN MAGNOLIA STREET AND BROADWAY IN SAID CITY, ASSESSMENT DISTRICT 1 1 Resolution 71-49 NUMBER 20, was adopted, by the following roll call vote: Continued AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Refund The City Manager presented a request from Michael Meyer and Bryon Robb, 301 Avocado Street, No. 3, Costa Mesa, for refund of a $100.00 deposit made on Street Permit 7995, in connection with painting address numbers on street curbs, and recommended that the refund be made as the people had not carried out the project. On motion by Councilman Pinkley and seconded by Councilman Jordan the $100.00 refund was authorized by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Telephonic The City Manager recommended that the City lease Telephonic Recording Recording Equipment consisting of two IBM Mag -Card Equipment Typewriters, three three-hour endless loop tape recorders, one Supervisory Control Center Panel, Two Transcribing Stations, and three Touch -Tone Decoders from the Dictaphone Corporation to be used by the Police Department. On motion by Councilman St. Clair, seconded by Councilman Jordan, it was agreed that the Telephonic Recording Equipment for the Police Department be leased from the Dictaphone Corporation, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None Employee ABSENT: Councilmen: None The City Manager presented the employee pay schedule and Pay Schedule recommended that the Council adopt Resolution 71-50. The City Manager explained that this did not include sworn personnel in the Fire Department, or Department Heads. On motion by Councilman Hammett, seconded by Councilman Pinkley, Resolution 71-50 Resolution No. 71-50, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING THE BASIC PAY SCHEDULE, ESTABLISHING RATES OF PAY FOR CITY EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, AND ESTABLISHING RATES OF PAY FOR CITY EMPLOYEES NOT PLACED UNDER THE BASIC PAY Adopted SCHEDULE, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, St. Clair, Hammett NOES: Councilmen: None ABSENT: Councilmen: None Freeway The.City Manager reported that the members of the Freeway Discussion Committee, Councilman Jordan; Councilman Hammett; Mr. Norm Spielman, Assistant City Engineer; Mr. Roy June, City Attorney; and the City Manager had met to determine a course of action to recommend to the Council concerning the Coastal and Newport Freeways. He stated that a recommendation could not be made at that time. He further stated that the Freeway Committee would be meeting with the Deputy Director of the State Department of Public Works and with two other cities involved in the Coastal Freeway to resolve a position and make a recommendation back to the Council. The City Manager had received a letter from Mrs. Peggy Reinert, . President of Costa. Mesa Tomorrow complimenting the Council's stand on the Newport Freeway, regardless of the status of the Coastal Freeway. Mrs. Reinert was in the audience and read the letter. This organization wanted construction to continue on the Newport Freeway to, the southwesterly City limits and the redevelopment plans to continue, eliminating Freeway discussion on the Coastal Freeway.- Mr. William C. Lambert, Discussion 2019 Orange Avenue, Costa Mesa, also spoke in favor of Continued continuing the Newport Freeway. Mr. Roy McCardle, President of the Costa Mesa Businessmen's Association, 1839 Newport Boulevard, presented a letter to the Council and spoke to the Council supporting continuation of the Newport Freeway and plans for the redevelopment program. Kenneth Hartman of Costa Mesa asked why the Committee was meeting with State officials and whether the City of Costa Mesa had made public its stand on the Newport Freeway. The City Manager stated that the City had not received official notification that the Coastal Freeway was dead. The City wants to find out which agency the individual was representing when he had made statements that the Coastal Freeway was dead, and the Committee would be discussing the regional aspects of the transportation system, which concern the many freeways in the area. The Mayor stated that the City had made public its stand on the freeways. Dr. Tom Nelson, 283 Lilac Lane, asked a question regarding .the Freeway Committee meeting. Councilman Hammett, explained the background of the Freeway Committee. Councilman Pinkley gave his personal opinion regarding the positions taken by the City of Newport Beach and the State of California on.the freeway issue. 'Councilman St. Clair made a statement concerning Newport Beach's position on the freeway and presented a map offering an alternate route which might be taken by the freeway. Mayor Wilson asked questions concerning terms used in discussing location of the freeway and also wondered if engineers could be employed who could make the freeway a scenic drive as well as fulfilling the needs for the freeway. Councilman Jordan offered possibilities in handling Newport Beach's problem. Dr. Tom Nelson offered to get a copy of the new material, set out for the Newport Beach meeting concerning the freeway, for the Council's perusal. Mr. Neil Abrams The Mayor introduced Mr. Neil Abrams, who was in the audience. Mr. Abrams donated the prizes given to the Ecology Begins at Home winners. •Request From The City Manager presented a request regarding ZE--71-46, Bent Christiansen Bent I. Christiansen, 283 Rose Lane, Costa Mesa. Mr. Christiansen had submitted a letter requesting permission to revise plans approved by Council at the meeting of May 3, 1971. Mr..Christiansen wanted to reduce the original number of five units to four units which would enable him to relocate the garage. He requested having a wooden fence instead of a block wall'and having a blacktop parking lot rather than a brick parking lot. He also requested permission.to use wooden shingles instead of mission tile. The Council took time to examine the plans, and Mr. Christiansen examined the conditions. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, Councilman St. Clair.abstaining, as an employee is the property owner, the request was approved subject to the recommendations by the Planning Department. Public Hearing The Mayor announced that this was the time and place set for Rezone Petition the public hearing for Rezone Petition R-71-8, Harold T. R-71-8 Segerstrom, et al, 3315 Fairview Road, Costa Mesa, for Segerstrom permission to rezone property in the general area of the northwest corner of Adams Avenue and Fairview Road, from M1 to R4 -CP. The affidavit of publication is on file in the office of the City Clerk. The Deputy City Clerk stated that she had received a petition with 86 signatures opposing the zone change. Mrs. Lucille P. Waughtal, 2433 College Drive, Costa Mesa, addressed the Council requesting it to deny the zone change. Mrs. Waughtal stated that she was Public Hearing representing citizens in College Park and along Princeton R-71-8 who had signed the petition. She read a prepared statement, Segerstrom -which she had given the Deputy City Clerk, opposing the Continued zone change. Mr._ Daren A. Groth, Leadership Housing Systems, Incorporated,. 3740 Campus Drive, Newport Beach, addressed the Council representing Leadership Housing Systems, Incorporated, and the Segerstrom family. He stated that they had looked into many'of the problems brought up by Mrs. Waughtal. He stated that they had investigated possible traffic problems and that he had received a letter from the Mesa -Newport School District, which he presented, stating that the apartment development would not have an appreciable affect on the school district. He also stated that the Planning Director had recommended approval of the rezone. He requested that the Council render a decision approving the rezone. Mr. John G. Waddam, 3315 Fairview Road, Costa Mesa, addressed the Council representing the Zone Exception, Segerstrom family. He requested the Council approve the Permit ZE-56-70 rezone and answered questions. On motion by Councilman Extension Jordan, seconded by Councilman Pinkley, and carried, Genser Councilman St. Clair voting No, the public hearing was held open until the Planning Commission's recommendations are received, after which a study session will be held on both the rezoning and the CP zoning. Recess The Mayor declared a recess at 8:55 p.m. The meeting. reconvened at 9:05 p.m. Appeal The Deputy City Clerk presented a request from Vern Rankin, Pier 11 Pier 11, 1976 Newport Boulevard, Costa Mesa, for appeal of Conditions 3, 10, 11, and 12 imposed on Zone Exception ZE-71-20. The Deputy Clerk stated that she had received 13 letters requesting that a chain link fence with green vinyl backing be allowed in lieu of a concrete wall. The letters were received from residents on Church Street. Mr. Vern Rankin, 2207 Meyer Place, Costa Mesa, addressed the Council. Councilman St. Clair, representing Mr. David Brown who could not be at the meeting, conveyed Mr. Brown's desire that there be a concrete brick wall to stop some of the noise. After discussion, on motion by Councilman Hammett, seconded by Councilman Jordan, and carried, the appeal of conditions was approved, subject to conditions, except for item 2: relief of condition 3, for a block wall, to allow an opaque chain link fence completely enclosing the area on three sides in lieu of the block wall. Zone Exception, The Deputy City Clerk presented application for Zone Permit ZE-56-70 Exception Permit ZE-56-70, Extension, Melven Genser, 5321 Extension Vineland, North Hollywood, for permission to continue to Genser maintain one single faced 10 foot by 30 foot directional sign to advertise Suburbia Homes, Tracts 6693, 6694, 6695 and 6581; said sign located on northeast corner'of Baker and Harbor in a C1 -CP zone. The applicant requested withdrawal in a letter directed to the Planning Department. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was withdrawn as requested. Zone Exception The Deputy City Clerk presented application for Zone Permit ZE-71-75 Exception Permit ZE-71-75, Melven Genser, 5321 Vineland, Genser North Hollywood, to continue to maintain one existing 10 foot by 30 foot directional sign with copy face on one side only, to advertise Tract 6508 (Country Club Manor); said sign to be located at northeast corner of Harbor Boulevard and Baker in a Cl -CP zone. The Planning Commission recommended approval subject to conditions. On motion by Councilman Jordan, seconded by Councilman Continued Zone Exception St. Clair, and carried, the application was approved Permit ZE-71-75 subject to conditions. Genser The.Deputy City Clerk presented application for -Zone Exception Permit ZE-138-70, Corrected, Lucille Warren, Zone Exception - 115 Santa Isabel, for permission to construct 17 motel Permit ZE-138-70, units over existing bar and grill (Ye Olde Inn) with an Corrected encroachment of ten feet plus or minus, for existing Warren structure and open stairwell into -required 30 foot front yard setback measured from the property line on Newport Boulevard, and a reduction of on-site parking in lieu of equivalent permanent parking'on adjacent Sunny Acres Motel Site located at 114-118 East Wilson Street and 115 Santa Isabel Street. The Planning Staff requested withdrawal -of the application as the applicant no longer owns the property. On motion by Councilman St. Clair, seconded by Councilman Pinkley, and carried, the application was withdrawn. Zone Exception The Deputy City Clerk presented application for Zone Permit ZE-71-13 Exception Permit ZE-71-13, Gene Junior Stephens, Stephens 2318 Newport Boulevard, for permission to construct a 60 - unit motel in a C2 zone and permission to exceed the maximum permissible building height allowing the construction not to exceed three stories in height per Section 9294.2 of the Municipal Code, on property located at 114 East 20th Street. A letter was received by the Planning Department from the applicant's agent requesting withdrawal of application as the property is under consideration for another applicant under ZE-71-71 to be submitted later in the meeting. On motion by Councilman St. Clair, seconded by Councilman Hammett, and carried, the application was withdrawn. Zone Exception The Deputy City Clerk presented application for Zone. Permit ZE-71-64 Exception"Permit ZE-71-64, J. W. Klug Development Company, J. W. Klug Incorporated, 4540 Campus Drive, Newport Beach, California, Development for permission to construct fifty-five units on 80,400 Company square feet of land area (one unit per 1,461 square feet of land area) with an encroachment of 2.5 feet into the required side yard setback of 37.5 feet from the center line of the street, on property located on the southeast corner of Bay and Fullerton, in an Rl zone. The Planning Commission recommended denial. The Deputy City Clerk stated that eight letters had been.received against the application and that she had received a petition containing 57 names in favor of the application from St. John the Divine Church members. Mr. Robert Howard, representing J. W. Klug Development Company, addressed the Council and described the use his company wanted to make of the property. Mr. Robert E. Johnson, 3141 Carey Lane, Costa Mesa, senior warden of St. John the Divine Church, addressed the Council urging approval of the application.. Mr. Johnson read a speech supporting the zone exception application. Mr. Gerald Sillsby, member of St. John the Divine Church, spoke in favor of the application. Mr. Frank Russ, Dewey. Street; Mr. Ira Heath; and Mr. Al Ogden, 2066 Orange Avenue, spoke in opposition to the application. On motion by Councilman Hammett., seconded by Councilman Jordan, and carried, the application was returned to the Planning Department until the developer and church can arrive at a more suitable.plan for the property. Zone Exception The Deputy City Clerk presented from the meeting of June 21, Permit ZE-71-65 1971, application for Zone Exception ZE-71-65, SMR Corporation SMR Corporation and/or Don Koll Company, 17755 Skypark Circle, Irvine, for and/or Don Koll permission to allow construction of a storage garage with a Company chain link and slat exterior with a parking reduction of 28 1 Lr__7 Zone Exception parking spaces (34 available, 62 required), on property Permit ZE-71-65 located at 940 West 16th Street, in an M1 zone. The SMR Corporation Planning Commission recommended approval subject to 16 and/or Don Koll conditions and deleted Conditions 14 and 15 and added Company Conditions 17 and 18. The City Attorney stated, as it Continued stands at the present time, Section 9299.14 of the Municipal Code, does not authorize the granting of zone exception permits in an industrial zone. The City Attorney also stated that the Planning Commission would be—studying an amendment to the code. Wallace.Grabbe, with the Don Koll Company, was present and requested that the application be held over. On motion by -Councilman Hammett, seconded by Councilman Jordan, and carried, the application was deferred until action is taken on the amendment to the code. Zone Exception The Deputy City Clerk presented application for Zone Permit ZE-71-70 Exception Permit ZE-71-70, John P. and Hazel M. Magoffin, Magoffin. 3111 Mace Avenue, Costa Mesa, for permission to construct and operate a pre-school'to accommodate a maximum of seventy children ages 2.5 to 6 years of age, Monday through Friday, 6:30 a.m. to 6:00 p.m, on property located at 2950 McClintock Way, in a'Cl zone. The Planning Commission recommended approval subject to conditions. Mr. John P. Magoffin and Mrs. Hazel M. Magoffin were present and agreed with all the conditions. Mr. Theodore E. Rischard, 18901 East Dodge Street, Santa Ana questioned Conditions 5 and 10. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, the application was approved subject to all conditions except to -change No. 5 to 28 feet and change No. 10 to develop the portion of the street within the confines of the property being constructed and to agree to develop the street as the rest of the property is constructed. Zone Exception The Deputy City Clerk presented application for Zone Permit ZE-71-71 Exception Permit ZE-71-71, Richard A. Sewell, 434-A East Sewell 17th Street, Costa Mesa, for permission to construct a 20 -unit apartment complex on a C2 zoned lot on 20,015 square feet of .land area (one unit per 1500 square feet) and to allow detached carports on front one-half of the'lot on East 20th Street and on Melody Lane, on property located at 114 East 20th Street. The Planning Commission recommended approval subject to conditions with Condition 9 (a) deleted and Condition 12 amended to read: '.'six inch high concrete curb or material acceptable to Planning Department." The Deputy City Clerk stated that a letter had been received from D. J. Gardner, 124 Melody Lane, regarding the zone exception. Mr. Sewell was present and answered questions. On -motion by Councilman Pinkley, seconded by Councilman Jordan and carried, the application was approved subject to conditions. Zone Exception The Deputy City Clerk presented application for Zone Exception Permit ZE-71-74 Permit ZE-71-74, Taco Bell Corporation, 2424 Moreton Street, Taco Bell Torrance, for permission to construct and operate a Taco Bell Corporation Restaurant (take out) in a C2 -CP zone, per CP Standards, on property located at 2900 Fairview Road, Costa Mesa. The Planning Commission recommended approval subject to conditions, a except Condition 5 to read: "Installation of commercial sidewalks per Costa Mesa Standard Plans, at applicant's expense, to align with existing sidewalks under direction of Eity Engineer." On motion by Councilman St. Clair, seconded by Councilman Hammett, and carried, the application was approved with 19 conditions and Condition No. 5 as amended. Oral Communications Ruth Rigger spoke on the freeways and the noise they cause. Oral Mr. Raymond Raboin, 3060 Van Buren Avenue, Costa Mesa, - Communications addressed the Council regarding a pamphlet he wished -to Continued distribute.door to door making people aware of what agencies are available to help them with problems. On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, the request was approved subject to the usual restrictions. Mr. John Stocker asked the Council a question concerning taxes on church property. Councilman On motion by Councilman Hammett, seconded by Councilman Hammett Pinkley, and carried, the Council reinforced its support of the Police Department and Fire Department in their effort to bring bars up to acceptable standards thereby discouraging dangerous and illegal acts by patrons. Councilman Councilman St. Clair read a presentation regarding the St. Clair prevention of bicycle accidents caused by storm drain grates. Councilman Councilman Pinkley stated that Dr. Tom Nelson had given Pinkley the Council a copy of the material distributed at the Newport Beach meeting concerning the freeway. The Mayor requested the Council and audience to move to the Council Conference Room in order to examine blueprints submitted for Phase II improvements at the Costa Mesa Golf Course. Phase II Plans were submitted by Steven J. Porter, for Harry Green, Improvements of for Phase II of improvements to the Costa Mesa Country Country Club Club and were approved, and the Mayor and the City Clerk were authorized to sign the second addendum agreement between the City and Harry S. Green,, on motion by Councilman Hammett, seconded by Councilman St. Clair, and carried; and the plans were signed by Mr. Porter and the Mayor. Adjournment The Mayor adjourned the meet/ing at 11:15 p.m. s/ 1 Ail, /' 77N� The Mayor of the City of Costa Mesa ATTEST: he City Clerk of the City of Co. a Mesa 1 J 1