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HomeMy WebLinkAbout02/22/1972 - City Councilti Roll Call Minutes February 7, 1972 Speed Limits Portions of Sunflower Ordinance 72-7 Adopted REGULAR MEETING OF THE CITY COUNCIL February 22, 1972 The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., February'22, 1972, 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 Connie Salios, Harbor Trinity Baptist Church, Costa Mesa. Councilmen Present: Wilson, Jordan, Pinkley, Hammett, St. Clair Councilmen Absent: None Officials Present: City Manager, City Attorney, Director of Engineering Services/ City Engineer, Director of Planning, City Clerk The Mayor declared the Minutes of the regular meeting of February .7, 1972, approved, as distributed and posted. The Clerk presented for second reading and adoption, Ordinance 72-7, relating to reducing speed limits on portions of Sunflower. On motion by Councilman Jordan, seconded by Councilman Hammett, Ordinance 72-7, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 3416.1 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO ESTABLISH SPEED LIMITS ON SUNFLOWER AVENUE, was given second reading and adopted, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Housing Authority The City Manager reported that the County of Orange has extended the deadline for cities to join the County's Housing Authority from February 9 to March 9, 1972. `+x It was recommended that the City go on record as endorsing theconcept that the County of Orange establish its own Housing Authority to operate within the unincorporated areas and those.incorporated areas for which the cities want to join. However, this City should not join the County Housing Authority at this time. Copies of letters were sent to the Council from Michael D. Landreth, Chairman, Committee on Social and Ecumenical Concerns, First Presbyterian Church, 838 North Euclid Street, Fullerton, and Elsie C. Kroesche, President, League of Women Voters of Orange County, 254-B Cabrillo Street, Costa Mesa, supporting the Orange County Housing Authority. Helen Hollingsworth, 1790 Pitcairn Drive, Costa Mesa, read a letter from Gertrude E. Drol'linger, President of the League of Women Voters of Orange Coast, supporting the establishment of an Orange County Housing Authority. Mr: Frank Forbath, 2880 Clubhouse Road, Costa Mesa, addressed the Council in favor of the Housing Authority and offered to assist the staff in conducting their study on Costa Mesa's housing needs. On motion by Councilman Jordan, seconded by Councilman Pinkley, the City went on record as endorsing the concept that the County of Orange establish its own Housing Authority to.operate within the unincorporated areas and those incorporated areas for which the cities want to join, and -the staff was instructed to conduct an in-house Staff to Study study as soon as feasible, carried by a 4-1 vote, Councilman St. Clair voting No. Mesa.Del Mar The Clerk presented a resolution from the Board of Home Owners Directors of the Mesa Del Mar Home Owners Association Association requesting the City of Costa Mesa to seek injunction against the County for use of property at 1055 E1 Camino Legal Action Drive. On motion by Councilman Pinkley, seconded by Denied Mayor Wilson, that the City proceed with legal action, failed to carry by the following roll call vote: AYES: Councilmen: Pinkley, Wilson NOES: Councilmen: Jordan, St. Clair, Hammett ABSENT: Councilmen: None CONSENT CALENDAR ITEMS: Item 12, application for person-to-person transfer of on sale beer and wine license from Donald T. Bull and William R. Shambley to Dion E. Marsh for business located at 778-782 West 19th Street, and Item 17, Business License Application for Arnold Michaels, Corporation President, Grodin's, c/o South Coast Plaza, 3333 Bristol Street, No. 202, for a close-out sale, February 23 through April 15, 1972, were removed from the Consent Calendar for further discussion. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the following Consent Calendar Items were approved in one motion. Corona del Mar A resolution of the Board of Supervisors of Orange County Freeway Priority in support of priority for construction of Corona del Mar Freeway, was received and processed. Corona del Mar A letter from Costa Mesa Tomorrow, offering their and Newport assistance in expediting the construction of the Freeways Corona del Mar Freeway and the Newport Freeway and offering constructive suggestions which would take action by the State, was transmitted to the State Highway Commission. Corona del Mar A letter and resolution from the City of Newport Beach, Freeway Priority requesting the California Highway Commission to establish the highest priority with respect to the Corona del Mar Freeway and urging its immediate construction, was received and processed. Service of A letter from Supervisor Ronald W. Caspers, acknowledging Criminal and/or receipt of Costa Mesa's resolution concerning service Bench Warrants of criminal and/or bench warrants, was received and processed. Minute resolution from the meeting of the Orange County Board of Supervisors ordering Costa Mesa's Resolution 72-15, concerning service of criminal and/or bench warrants, received and filed, was received and processed. Helicopters Postcards signed by Mark R. Johnson, Monte L. Hoskins, for Patrol and Walter F. Nowak, Jon F. Martin, no residence addresses listed, expressing opposition to the use of helicopters for patrol because the noise and invasion of privacy destroys the peaceful environment of the community, was referred to the City Manager. Electrical A letter and resolution from the City of Fullerton, Generating urging County Supervisors to permit construction of Facilities electrical generating facilities in the interest of public safety and welfare, in anticipation of possible electric power shortage, was received and processed. 7� i 1 Costa Mesa A Notice of Hearing on February 23, 1972, by Local Sanitary District Agency Formation Commission on proposed annexation Engineer's No. 140 to the Costa Mesa Sanitary District designated Engineer's No. 140, was received and processed. Costa Mesa A Notice of Hearing on February 23, 1972, by Local Sanitary District Agency Formation Commission on proposed annexation Engineer's No. 139 to the Costa Mesa Sanitary District designated Engineer's No. 139, was received and processed. "300 Acre" Park A letter from Costa Mesa Grange, 230 Cottage Place, Costa Mesa, accepting Project,, 80 of the Estancia High School "300 Acre" Park Proposal, was received and processed. Surplus State A letter from the City of Huntington Beach and Land resolution requesting Legislative Representatives from this district to introduce a bill to authorize a long-term lease for surplus State land to Fairview State Hospital, was received and processed. Alcoholic Beverage An on.sale beer and wine license from Mehrdad Moshtaghi, Licenses for Age of the Gardener, 725 West Baker, Planning Age of the Gardener approved parking, was received and processed. Permits A letter from Raub, Bein, Frost and Associates, 136 Rochester Street, Costa Mesa, for permission to place two mobile offices on property at 127 East 18th Street for additional office space for approximately nine months, was approved subject to conditions Raub, Bein, Frost 'contained in Planning Department's recommendations and Associates dated February 18, 1972. Fish Fry and Application to conduct Costa Mesa -Newport Harbor Lions Carnival Club Fish Fry and Carnival at the Costa Mesa Park, on June 2, 3, and 4, 1972, was approved subject to insurance requirements in recommendation dated February 15, 1972, by the Director of Recreation. Business License A business license application from Sambo's Restaurants, Applications Incorporated, doing business as the Blue Ox, 3010 Harbor Boulevard, for a yearly dance license at that address, Blue Ox for which Police and Fire Departments recommended approval, was approved. Children's Asthma A Notice of Intention to Solicit for Charitable Purpose Research Institute from Children's Asthma Research Institute and Hospital - Pacesetter Chapter, Denver, Colorado, by door-to-door solicitation and canisters in local stores and banks from March 1 through 31, 1972, was approved with Section 6914J of the Municipal Code waived. American Cancer A Notice of Intention to Solicit for Charitable Purpose Society from American Cancer Society, 18356 Irvine Boulevard, Tustin, envelopes passed from neighbor to neighbor, April 1. through June 1, 1972, was approved with Section 6914J of the Municipal Code waived. Rezone Petition Rezone Petition R-8-69, Genji Kawamura, 718 St. James R-8-69 Place, Newport Beach, for permission to rezone property Genji Kawamura located between Bear Street and Smalley Road, north of Withdrawn the San Diego Freeway, from Al to R3, was withdrawn as requested by applicant.. Rezone Petition Rezone Petition R-72-02, Costa Mesa Planning Commission, R-72-02 Post Office Box 1200, for permission to rezone from Costa Mesa Planning R2 and R4 to R4 -CP, property located in the general area -between 19th Street and Hamilton Street and between Pomona Avenue and Palace Avenue, was set for public Hearing Set hearing, to be held on March 6, 1972, at 6:30 p.m., in the Council Chambers, 77 Fair Drive, Costa Mesa. Rezone Petition Rezone Petition R-72-03, Genji Kawamura, 718 St. James R-72-03 Place, Newport Beach, for permission to rezone from Genji Kawamura Al to Cl, property located in the general area north of the San Diego Freeway and west of Bear Street, was set for public hearing, to be held on'March 6, 1972, Hearing Set at 6:30 p.m., in the Council Chambers, 77 Fair Drive, Costa Mesa. Rezone Petition Rezone Petition R-72-04, Diversified Shopping Centers, R-72-04 Incorporated, 4533 MacArthur Boulevard, No. D, Diversified Newport Beach, for permission to rezone property Shopping Centers, located in the general area of the northeast corner Incorporated of Harbor Boulevard and Victoria Street, from R2 to Cl, was set for public hearing, to be held on March 6, 1972, Hearing Set at 6:30 p.m., in the Council Chambers., 77 Fair Drive, Costa Mesa. Refund A request from Bekins Moving and Storage Company, 2510 North Main Street, Santa Ana, for refund of $25.00 for Business License No. 3806 for one -day Bekins Moving- auction, cancelled due to relocation, was approved, and Storage Company as recommended by Finance Director, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St, Clair NOES: Councilmen: None ABSENT: Councilmen: None Jesus Person A request for refund from Jesus Person Discount Book Discount Book Center, Terry D. Grant and George Kauri, a partnership, Center 2129 Harbor Boulevard, Costa Mesa, for Business License No..6880, which was cancelled due to tragedy in partner's family, was approved, as,recommended by Finance Director, in the amount of $5.00, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Frank Burns, A request for refund from Frank Burns, Incorporated,. Incorporated No. 14 Linda Isle Drive, Newport Beach, charged for two marbelite street light poles in relation to the Master Plan - Mesa Shopping Center, for which the Finance Director recommended"refund, was approved in the amount of $280.00 by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St.%Clair NOES: Councilmen: None ABSENT: Councilmen: None Theodore E. A request for refund from The E. Rischard, Rischard 18901 East Dodge Avenue, Santa Ana, on Building Permit Application No. -32820, as the project has been abandoned, for which Finance Director recommended 85% refund as plan check was made, was approved in the amount of $86.06 by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None 1 1 Right of Way Deed On motion by Councilman Jordan, seconded by Councilman St. Clair, authorization was granted for the Mayor and City Clerk to sign Right of Way Deed for the City of Costa Mesa, a municipal.corporation, for Vanguard City of Costa Mesa Way opening, 99 Fair Drive, and place on record with the Orange County Recorder, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Right of Way Deed The following Right of Way Deed was accepted and ordered placed on record with the Orange County Recorder, by the following roll call.vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 2-10-72 Robert.L. Wish, Charles Kaminskas Baker Street and Wanda Julia Wish Claims The following claims received by the Clerk were received and processed: Marie E. Wemmer and Carl Carlsson, Jr. Dion E. Marsh Item 12 on the Consent Calendar, an application for person-to-person transfer of on sale beer and wine license from.Donald T. Bull and William R. Shambley to Dion E. Marsh for business located at 778-782 West 19th Street, for which the Planning Director filed protest because of insufficient parking. On motion by Councilman Jordan, Protest Filed seconded by Councilman St. Clair, and carried, the Council went on record as continuing the protest against insufficient parking. Grodin's Item,17 on the Consent Calendar, an application for business license from Arnold Michaels, Corporation President, Grodin's, c/o South Coast Plaza, 3333 Bristol Street, No. 202, for a close-out sale, February 23 through April 15, 1972, was requested for withdrawal Application by applicant as' they plan to stay in business. On Withdrawn motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was withdrawn. Warrant . On motion by Councilman Jordan, seconded by Councilman Resolution 712 Pinkley, Warrant Resolution 712,'including payroll 7203, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Marie Wemmer Marie Wemmer addressed the Council regarding a claim Claim received by the Clerk and received and processed on the Consent Calendar. Ecology Contest Mr. William Bandaruk of the Beautification Committee Winners introduced Miss Jenny Manning of Estancia High School, who presented Certificates and prizes to the following winners of the Ecology Begins at Home Contest: Mr. and Mrs. Carl Hegner, 1597 Riverside; Mr. and Mrs. Bernhard Feige, 337 East 20th Street; Mr. and Mrs. Miller D. Richardson, 691 Governor Street; Mr. and Mrs. Rudolf Van Vianen, 2130 Pomona Avenue; Mr. and Mrs.'B. E. Banks, 2500 Westminster Avenue; Mr. and Mrs. Jack W. Lunde, 2034 North Capella Court; Ecology Contest Mr. and Mrs. Seth M. Oberg, 1934 Balearic Drive; Winners Mr. and Mrs. R. J.'Smith, 1078 El Camino Drive; and continued Mr. and Mrs. W.,H. Okell, 1171 E1 Camino Drive. A. L. Geiser's The Mayor presented Mr. A. L: ;Geiser of the Southern Commendation California Edison Company with a resolution adopted February 7, 1972, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, UNANIMOUSLY COMMENDING -A. L. GEISER OF THE SOUTHERN CALIFORNIA EDISON COMPANY IN APPRECIATION OF CONSCIENTIOUS PERFORMANCE OF HIS DUTIES. Mr. Leonard Smith, District Superintendent of the Southern California Edison Company, expressed his appreciation of the work done by Resolution 72-16 A. L. Geiser. Mr. Geiser addressed the Council and thanked them for the commendation. YMCA Mr. Don Muhlig spoke on behalf of the YMCA, 2300 University Drive, Newport Beach, advising the various activities conducted by the YMCA and asking the Council's support through public relations. Jim Kennedy Mr. Geiser presented Mr. Jim Kennedy, the new repre- sentative for the Costa Mesa area from the Southern California Edison Company. Claim The City Attorney presented a Claim from Carl Loucks Carl Loucks for false arrest and invasion of privacy pursuant -to Section -910 of the California Government Code. On motion by Councilman 'St. Clair, seconded by Councilman Pinkley, and carried, the.Claim was denied, as recommended by the City Attorney. Claim The City -Attorney presented a Claim from Walter Clendenon Walter Clendenon for damages incurred when a.portion of a tree fell on his car. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried,,the Claim was denied, .as recommended by the City Attorney, as there was no negligence on the part of the City. Claim The City Attorney presented a Claim from Winston Verdult Winston Verdult for personal injuries incurred while falsely arrested. On motion -by Councilman Pinkley, seconded by Councilman Jordan, and carried, the Claim was denied, as recommended by the City Attorney, as the Costa Mesa Police Department does.not have a liability in this Claim. Horvitz Appointed The City Attorney reported that at a previous meeting Counsel for Council appointed a committee consisting of Councilman McKenzie Appeal Jordan, Gene Neer, the City Manager and the City Attorney, to interview and select an attorney or a law firm specializing in Appeals, to handle the Appeal of the McKenzie matter. It is the joint committee's recommendation that Ellis"J. Horvitz, of Horvitz and Minikes of Los Angeles, be selected to undertake this appeal. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried,'Mr. Horvitz was appointed as Appellate Attorney to assist Mr. June in the McKenzie Case. Bid Items The City -Manager reported that bids opened on February 18, Held Over to 1972, for Landscape Construction at Suburbia Park; March 6, 1972 Soil Preparation, Finish Grading, Sand in Play Area and Construction of. Concrete Curbing and Walks at Marina View Park; and Planting and Irrigation for Median Islands on'Fairview north of San Diego Freeway, be held over to the meeting of March 6, 1972, to allow further study. 1 1 Change Order No. 1 The City Manager presented a request from the City Adams Avenue and Engineer for an additional expenditure of $528.00 Albatross Road for Traffic Signal and Street Lighting -at Adams Avenue and Albatross Road - Change Order No. 1. On motion by Councilman St. Clair-, seconded by Councilman Hammett, Approved and carried, an additional expenditure of $528.00 was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett,.St. Clair NOES: Councilmen: None ABSENT: Councilmen: None, Traffic Signal and The City Manager presented a report.from the City Engineer Street Lighting for time extensions on Traffic Signal and Safety Lighting Contracts contracts. On motion by Councilman Hammett, seconded by Councilman St. Clair, and carried, the following extensions were granted: Installation of Traffic Signals and Safety Lighting at Adams Avenue and Albatross (Shantar) for forty-five (45) calendar days; Installation of Traffic`Signal and Safety Lighting at Fairview Road and Paularino Avenue for fifteen (15) calendar days; Time Extensions and Installation of Traffic Signals and Safety Lighting Approved at West 19th Street and Park Avenue for thirty (30) calendar days. Irrigation of The City Manager reported the work was completed to the Costa Mesa Park satisfaction of the Parks Department on the irrigation of Costa Mesa Park, 570 West 18th Street, Costa Mesa. On motion by Councilman Jordan,_ seconded by Councilman Pinkley, the work was accepted and the Clerk was authorized to file a Notice of Completion, with the bonds to be held for -one year from the completion date, February 7, 1973, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Current Census The City Manager recommended that the City of Costa Mesa enter into an agreement with the State of California, Department of Finance for a special census as of April 1, 1972, with an approximate cost of $575.00. On motion by -Councilman St. Clair, seconded by Councilman Jordan, the agreement was approved and the Director of Planning and City Clerk were.authorized to sign on behalf of the City, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Retirement The City Manager recommended that Sergeant Robert Ballinger Committee of the Costa Mesa Police Department fill Sergeant Ronald Allen's unexpired term on the Retirement Committee. - On motion by Councilman Hammett, seconded by Councilman Pinkley, and carried, Sergeant Robert Ballinger was appointed to the Retirement Committee for a term to Undergrounding run until July 1, 1972. From the meeting of February 7, 1972,_ the City Manager Existing Utility reported on Newport Beach Resolution to modify rules Lines established by Public. Utilities Commission Case No. 8209 for undergrounding existing utility lines, thus eliminating the need for local government being directly involved in the conversion. On motion by Councilman Jordan, seconded by Councilman St. Clair, Resolution 72-22, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, URGING THE LEAGUE OF CALIFORNIA Undergrounding CITIES AND THE COUNTY SUPERVISORS' ASSOCIATION OF Existing Utility CALIFORNIA TO MODIFY COMMISSION CASE NO. 8209 FOR Lines UNDERGROUNDING EXISTING UTILITY LINES, was adopted, continued by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Undergrounding From the meeting of February 7, 1972, the City Manager Overhead Facilities recommended support of Newport Beach's Resolution so that undergrounding of overhead facilities could be accomplished faster than the present procedure. On motion by Councilman Jordan, seconded by Hammett, the Council went on record as supporting Newport Beach's Resolution, urging the League of California Cities and the County Supervisors' Association of California to support an increase in the amount of funds now being set aside for undergrounding of existing utility lines, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Surplus Property From the meeting of February 7, 1972, the City Manager Newport Beach presented a report concerning Newport Beach surplus land, consisting of 40 acres on the north side of 19th Street, west of Whittier. On motion by Councilman St. Clair, seconded by Councilman Jordan, the recom- mendation of the City Manager that the City not enter into an agreement to.purchase this property and notify Newport Beach that we have no interest in the property, was approved, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None- ABSENT:. oneABSENT:. Councilmen: None New Classification The City Manager presented a recommendation concerning Building Safety a new classification in the Building Safety Department. Department It was recommended that the classification of Plan Check Authorized Engineer be established and compensated at salary schedule 48--$991.00 to $1,204.00 per month. On motion by Councilman Jordan, seconded by Councilman St. Clair, the new classification of Plan Check Engineer for Building Safety Department at a salary range of $991.00 to $1,204.00 per month, was authorized, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES:` Councilmen: None ABSENT: Councilmen: None Conference Advance The City Manager presented a request for a conference Authorized expense advance. On,motion by Councilman St. Clair, seconded by Councilman Jordan, a conference expense advance for the City Manager to attend the City Managers' Department League of California Cities Spring Meeting in Coronado, March 8 through 10, in the amount of $150.00, was approved by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place R-72-01 set for the public hearing on Rezone Petition R-72-01, Costa Mesa Planning Costa Mesa -Planning Commission, for permission to Commission rezone property in the general area east of Red Hill Avenue, between the San Diego Freeway and Bristol Street, in the County of Orange, from County Planned Community Group II to City C1 -CP and Ml -CP. The affidavit of publication is on file in the Clerk's office. No communications have been received. The City Manager reported that this is a pre -zone hearing, as the property has not yet been annexed, in conformity with an agreement with the Irvine Company that the rezone hearing would be heard prior to the annexation. There -were no other speakers, and the Mayor closed the public hearing. On motion by Councilman Jordan, seconded by Councilman Pinkley, Ordinance 72-8, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF THE AREA KNOWN AS THE IRVINE INDUSTRIAL COMPLEX, FROM COUNTY PLANNED COMMUNITY GROUP II TO CITY Cl -CP AND Ml -CP, IN ACCORDANCE WITH - Ordinance 72-8 SECTION 65859, CALIFORNIA GOVERNMENT CODE, was given First Reading first reading and passed to second reading, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Public Hearing The Mayor announced that this was the time and place Abandonment of set for the public hearing on the proposed abandonment Wakeham Avenue of Wakeham Avenue, west of Bear Street, Costa Mesa. The affidavit of publication is on file in the Clerk's office. The affidavit of posting the street is on file in the Clerk's office. The Planning Commission recommended denial. Communications were received from Hubert H. Wakeham, 11461 Skyline Drive, Santa Ana, and.Derrick H. Wakeham, 2208 East Coral Avenue, Orange, opposing the proposed abandonment of Wakeham Avenue. Mr. Howard Bear, 3801 South Bear Street, addressed the.Council opposing the proposed abandonment. There were no other speakers, and the Mayor closed the public hearing. On motion by Councilman St. Clair, seconded by'Councilman Jordan, the proposed abandonment of Denied Wakeham Avenue, west of Bear Street, was denied, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Encroachment The Clerk presented Encroachment.Permit No. 59-72, Permit No. 59-72 for Ralph's Grocery Company, 3410 West Third Street, Ralph's Grocery Los Angeles, for permission.to use the 10 foot dedicated strip along East 17th Street and Tustin Avenue for landscaping, car encroachment and the location of a free standing sign.until these streets are widened to their ultimate widths, on property located at 380 East 17th Street, in a C2 zone, which.was recommended for approval by the Planning Commission subject to conditions. There were no speakers. On motion by Councilman Jordan, seconded by Councilman Hammett, and carried, the permit was approved, subject to conditions. Tentative Map The Clerk presented Tentative Map of Tract No. 7718, Tract 7718 Larwin-Southern California, Incorporated, 9100 Wilshire Larwin-Southern Boulevard, Beverly Hills, for permission to divide California property located south of Sunflower, west of Bear Street and Tentative Map Tract 7718 Larwin-Southern California continued Tentative Map Tract 7557 Larwin-Southern California Tentative Tract 7718 adjacent to Tract 7557, into 97 lots. Mr. John Tapking addressed the Council and requested this item be heard after Tentative Map of Tract 7557. On motion by Councilman St. Clair, seconded by Mayor Wilson, and carried, Tentative Map of Tract No. 7718 was held over until after discussion of Tentative Map of Tract 7557. The Clerk presented Tentative Map of Tract No. 7557, Revised, Larwin-Southern California, Incorporated, 9100 Wilshire Boulevard, Beverly Hills, for permission to divide property located south of Sunflower, west of Bear Street, into 310 lots. No communications were received. Planning Commission recommended approval subject to. all.requirements of Director of Engineering's letters dated September 30, 1971 and October 8, 1971, and "K" Street be a cul-de-sac at the eastern border of the tract and subject to conditions of Planning's letters dated October 8, 1971, and February 11, 1972. Mr. John Tapking, representing Larwin-Southern California, Incorporated, addressed the Council. After discussion, on motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, a study session was called for Tuesday, February 29, 1972, for Tentative Maps of Tracts 7557 and 7718; both items will be put on the agenda for the meeting of March 6, 1972. The Derby The Clerk presented a letter from The Derby Restaurants, Restaurants 1262 Palisades Road, Costa Mesa, requesting an appeal Sign Request .of Planning Commission's decision on an additional sign, Withdrawn at that address. After submitting this letter, the applicant decided to re -submit a request for a different sign to the Planning Commission. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, .this item was referred to the Planning Commission. (Councilman Hammett absent). ZE-71-111 The Clerk presented from the meeting of January 17, Shell Oil Company 1972, application for Zone Exception Permit ZE-71-111, Shell Oil Company, Post Office Box 20158, San Diego, for approval to rebuild service station with three bay ranch unit and one 24 by 52 foot canopy and one 24 by 24 foot canopy and canopies which•are not attached to building, at -the northeast corner of Harbor Boulevard and Fair Drive, in a Cl zone. Planning Commission recommended denial. Applicant has requested that this be withdrawn from the agenda. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was withdrawn. (Councilman Hammett absent). Councilman Hammett returned to the meeting. ZE-71-112-A The Clerk presented application for Zone Exception Town and Country Permit ZE-71-112-A, Town and Country Patio Shops, Patio Shops 1706 Newport Boulevard, for permission to allow reduction in parking to permit an addition to existing building for storage purposes (10 spaces available for the entire building) and to allow open storage atthe rear of the building, on property located at 1706 Newport Boulevard, in a C2 zone. Planning Commission recommended approval subject to conditions. The Clerk read a letter from Ira W. Smith, 1700-1702 Newport Boulevard, Costa Mesa, in -favor of the Zone Exception Permit. Motion was made by Councilman Jordan to approve the application subject to all -conditions recommended by the Planning Commission. Councilman St. Clair offered to second the motion if the maker of the motion would consent to amend the motion to delete Condition Number 8. Councilman Jordan did not 1 ZE-71-112-A consent to the amendment, and added to his original Town and Country motion that "if the applicant objects to any condition, Patio Shops he may appeal to the Council." The original motion continued was seconded by Councilman Hammett, and carried, by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Pinkley, Hammett NOES: Councilmen: St. Clair ABSENT: Councilmen: None ZE-71-11-A The Clerk presented application for Zone Exception Orange Coast Permit ZE-71-11-A, Orange Coast Advertising, 1640 East Advertising Edinger, Santa Ana, for permission to continue to maintain a 10 foot by 20 foot -single faced Directional Sign to advertise first sale of homes in Tract 7043 located at 19th and Whittier, sign located at 2075 Harbor Boulevard, in a C2 zone. Planning Commission recommended approval subject to conditions. No communications were received. Motion was made by Councilman Jordan that the application be approved, subject to conditions, seconded by Councilman Pinkley. .After discussion, Councilman Hammett made a substitute motion that ZE-71-11-A be approved subject to conditions, with the exception that Condition Number 2 be deleted, seconded by Councilman St. Clair, and carried. ZE-72-04 The Clerk presented application for Zone Exception Callis-Cross, 'Permit ZE-72-04, Callis-Cross, Incorporated, 151 Commercial Incorporated Way, for permission to continue non -conforming operation consisting of the following: 1. General paving contractor's outside storage of trucks; 2. Outside storage of sand, gravel,.top soil and firewood and two propane tanks, said products for sale to the public; and 3. Outside storage of empty and full oil drums for wholesale sales, on property located at 151 Commercial Way, in a C2 zone. Planning Commission recommended approval subject to conditions. The Clerk read a letter from Dorothy L. Malcomson, 707 Rockford Road, Corona del Mar, in favor of the zone exception. Mr. Fred Offenhauser of Offenhauser Marine Sales, 1555 Newport Boulevard, addressed the Council requesting something be done to eliminate the dust created by this operation. Mr. Bob Callis, President of Callis-Cross, Incorporated, addressed the Council. On motion by Councilman Jordan, seconded by Councilman Pinkley, and carried, the application was approved subject to conditions, changing Condition Number 1 from eight months to one month (or 30 days). Oral Communications Mrs. Patricia Platt, 322 Cabrillo Street, Costa Mesa, addressed the Council regarding trash in alley. Mrs. Platt presented.a list of questions for Council consideration. Mr. Richard Doyle, 2826 Loretta Avenue, Mesa Del Mar Tract, expressed concern over the misrepresentation by the Daily Pilot of the Mesa Del Mar area and its problems. Councilmanic Councilman Hammett reported that the Aviation Committee Comments will be meeting Wednesday, February 23, 1972, to discuss the joint helicopter services and maintenance programs Aviation Committee and will report back to the Council. Adjournment The Mayor declared the meeting adjourned at 8:50 p.m. to an executive session. • Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa M sa 1 1